23A - BUDGET REALLOCATION FOR FLOWER BIKEWAY

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CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6897 FLOWER STREET BIKEWAY FEDERAL PROJECT NO: HSIPL 5063 (187) Vl. SUBLETTING OR ASSIGNING THE CONTRACT This provision Is applicable to al Federal Qid construction contracts, on the National Highway System. 1 The contractor shall perform with its own organization contract work amounting th not loss than 30 paroent (or a greater perwrtage rf specified aIso•xharo in the contract) of the total original contract p ra. o xcl ul ing a ny sp ec tally items designated ly the contracting a•gorcy. Spodalty demsmay be performed by subcontract and tho amount of any such specialty items peronmed maybe deducted from the total original contract p rice before comp utrg the amount of work required In be performed by the contractors own organization (23 CIF R 635.116 ). a. The lerrfh'�9f[Grmh iwadr wtth its ovm 0rguuiliaidDnT redera to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or wlNwut operators. Such term does rwtinclude employees or equipment of a subcontractor or lower tier suboonhactor, agents of the prime cortwtor, or any other The term may induca paymards for the costs of hiring lewd empfuyaesfromanempgyoo leasing Firm meeting all relevant Federal and Slate raguadry roquirenents. Leased employees may ally be irdud ad n this term if to prime contractor meets all of the following conditions: (1) the p rime contactor manta Ins control over the supervis bin of the day -today activities of the leased employees: (2) the prime contractor remains responsible for the qua Iity, of the work of the leased employees: (3) the prime contractor mia ins ail power lo accept or excide individ ual employees from work on the projact; and (4) the prime contractor remains ultimately responsible for the paym ant of pred atannined minimum wages, the submission of pa yrols, statements of comp liance and all other Fade ral rag ulabry requ nomants. b. `Spada by Ito cos° shall be co struec th be limited to work that requires hghly spat islized knowledge, abilities. or egnipm ant not ord na rity available in the type of contacting organ izatians qual Fed and expected th bid or propose on the contract as a whole and in general are to be IImtied to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in pa Mg raph (1) of Section VI is computed Includes to cost of material and manufactured products which are to be pu rchased or p mcuced by the contractor u ncerthe contract provisions. 3. The contractor still fvnish (a) a competent superintendent or sup ervisor wlm is employed by to firm, has furl authority to direct performance of the work in accordance Min the co tact raq u irem ants, and is in olo rge of all construction operations ,rage rd I ass of who p a4xms the work) and (b) such other of its av n orga n izatiam I rosou ices (supervision, management, and angn aa6ng so Mcos) as the oorntrecting officer cetemr ines is necassary to assum tha performance of the contract. 4. No patkrn of tha contact shall be sublet, assigned or olha rw are dspased of except with the written consent of the contracting officer, orautrorized representatiwe, and such consent when given shall not be constru ad to relieve to contractor of any responshblity for the futrflm ant of to contact Written consent will be given only after the contracting agency has assured tat each subcontract Is evidorced in wilting and Nat d oonta ins all pertinent provisions and requi remerds of the prune contract. 5. The 30% s l"rformance requirement of paragraph (1) Is not applicable toce*fl.tludc cootwis; however, contracting agencies may estedish the rown se-perbrmance requirements. VL SAFETY; ACCIDENT PREVENTION This provision is applicable toall Faderalaid construction contracts and th all related subcontracts. 1. 1 n the performance of this contract the contractor shall comply with a; applicable Federal. State, and local taws govoming sa foly, hoa trh, and sanitation (23 CFR 635). The contractor sha I p rov id a ad safagua rds, safety devices and p rotectrve equip in eon a nd take any oth a naeded actions as it cethemnes, or as tho cootractkrg officer may deiarmine, to be reasonably necassa ry to protect the life and tea IN of employees on tha job and the safety of the public and to protect property in connection with the perbrmance of the work covered by to contract 2. 8 ta a condition A this oontrect, and what bemadea condition of each subcontract, which the cortracthe enders into pursuant to Nis contract, that the contractor and any subcontractor stet not permit any employee, in performanco of the contract, to work in su nmundngs or under conditions which are unsanitary, hazardous ordargerous tohislher heakhor safety, as determined underconsimctionsafely and health stance rds(29 C FR 1926) p rumulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 3. Pursue rt to 29 CFR 1926.3, it is a conditon of this cortract that tho Socretaryof Labororauthodzed representative tha roof, shall have right of entry to any site of contact performance to inspector investigate thematterd compfmnce with tho corstr uction safety and heath standards and to carry out tho duties of the Secretary under Section 107 of tie Contact Work Hours and Safety Standards Act(40 U.S.C.3704). VII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS T h i s p r o v I s i o n i s applicable to all Federal aid canstnctbn contacts and th all relalad subcontracts. In orderto assure high q uafdy and durable constructnn in conformity with approved plans and specifications and ahigh degree of reliability on statements and rap res antaliore made by engineers, contactors, suppliers, and workers on Federal• ad highway projects, it is essential that al persons concerned with the project perform their fumbens as carefully, thomug hty, and honesty as possible. WulfuI falsification, distortion, o r misrepresentation with respect ID arty facts related to the p mjset is a violation of Federal taw. To preve rd any misunderstanding regarrYrg the serous ress of thasea rid sM le acts, Form FHWA.1022 she 11 be posted on each Fecerapad highway pmjact (23 CFR 635) none or more places where d is readily avertable to all persons coot or red with the project: 18 U.S.C. 1020 reads as folowvs: r