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CITY OF SANTA ANA
<br />PROPOSAL
<br />PROJECT NO.: 17-6897
<br />FLOWER STREET BIKEWAY
<br />FEDERAL PROJECT NO: HSIPL 5063 (187)
<br />REQUIRED CONTRACT PROVISIONS
<br />FEDERAL4 W CONSTRUCTION CONTRACTS
<br />I. General
<br />It Nondiscrimination
<br />Ill. Nonsegregated Facilities
<br />IV Davis-Sation and Related Ad Provisions
<br />V. CortmctWork Hours and SatelySsndards Ad
<br />Provisions
<br />Vt. Subletting a Assigning the Contract
<br />VII. Safety: Accident Prevention
<br />MIL False Statements Concerning flghway Projects
<br />IX. Implementation of peen AhrAct and Federal Water
<br />Pollution Control Ad
<br />X. Compliance with Govemmantwide Suspension and
<br />DebarmentRegulremants
<br />XI. Certification Regarding Use of Contract Funds for
<br />Lobbying
<br />ATTACHMENTS
<br />A. Employment and Materials Pmfwmw for Appalachian
<br />Development Highway System or Appalachian Local Access
<br />Road Contacts {included in Appalachian contracts only)
<br />I. GENERAL
<br />1. Form FHWA•1273 nest be physically incorporated in each
<br />construction cortradfunded underrrtla 23 (excluding
<br />emergency contracts eddy Intended fordebds removal). The
<br />Contractor (" subcontractor) must insert the form in each
<br />subcontract and further moire its inclusion it all lower tier
<br />subcontracts (excluding purchase orders, rental agreements
<br />and other agmemerts for supplies orsemces).
<br />The applicable requkemens of Farm FHWA-1273 am
<br />Incorporated by reference forworkdone under any purchase
<br />order, rental agreement oragmamenl f"other services. The
<br />prime contractor shall be responsible for compliance by ary
<br />subco nkacbr, lower4ler subcontract" "service provider.
<br />Fam FH WA-1273 must be included In at Federal-eid design.
<br />Wlid contracts, In of subcontracts, and in lower tier
<br />subconiads(excludirg subcontracts for design services,
<br />purchase orders, rental agreements and otheragreementsfor
<br />supplies or services). The design -builder shag be responsible
<br />for compliance by any subcontmdw, bwardiersubcorlracta
<br />orservice provider.
<br />Contracting agencies may reference Farm FHWA-1273 in bid
<br />proposal or request for propose] documents, however, the
<br />Form FHWA-1273 must be physically incorporated (not
<br />referenced) In all contacts, subcontracts and laver-Oer
<br />subcontracts (excluding purchase orders, rental agreements
<br />and other agreements for supples or services related to a
<br />construction contract).
<br />2. Subject to the applicability aleda noted In the following
<br />sections, these contract provisions shot apply b all work
<br />performed on the contract by the contractors own organization
<br />and with the assistance of workers under the contractor's
<br />Immediate superintendence and to all walk performed on the
<br />contract bypiwemrk, station work or by subco bect
<br />FMA-1273 -- Revised May 1, 2012
<br />3. A breach of any d the elipulaftf contained in these
<br />Requked Contract Provisions maybe sufliiclert grounds for
<br />wfialdilg of pmgess paymants, wilhhoking of fiat
<br />Payment, tennnatlon of the contract, suspension Idebarment
<br />or any other action dde"Ined to be appropriate by the
<br />contracting agency and FHWA.
<br />4. Selection of Labor. Dudng the pedomince d this contract
<br />the codrectorshal I not use convict labor for any purpose
<br />within the Wnds of a construction project on a Federal -aid
<br />highway unless It Is labor performed by convicts who am on
<br />parde, supervised release,"probation. The temp Faderai-aid
<br />highway does not Include roadways functionally classified as
<br />local mads a rural minor collectors.
<br />The povisions of this section related to 23 CFR Part 230 are
<br />applicable to al Fedaol-aid instruction contracts and to al
<br />misled consimdbn mbcmbacts of 51QODo" more. The
<br />povisbm of 23 CFR Pad 230 are rot applicable to materiel
<br />supply. engineering, "architectural service contracts.
<br />In addition, the contradw and al suboontmdws must comply
<br />with the following policies. Executive Order 11246, 41 CFR 60,
<br />29 CFR 1625-1627, Tile 23 USC Section 140, the
<br />Rehabilitation Act of 1973, as amended (29 USC 794), Title VI
<br />of the CM Rights Act of 1964, as amended, and related .
<br />regulations Including 49 CFR Parts 21, 26 and 27; and 23 CFR
<br />Parts 200. 230, and 633.
<br />The contract"and all subconbadors mustoomply with: the
<br />mqukemanls of the Equal O{porturly pause In 41 CFR 60-
<br />1.4(b) and for al constriction cortmets emc dhg $10,000,
<br />the Standard Federal Equal Employment Opportunity
<br />Corsirudion Contact Spedtcalos in 41 CFR 60.4.3.
<br />Note: The U.S. Department of tabor has exclusive authority to
<br />delermine complance with Execut Order 11246 and Ire
<br />policies of the Secretary of labor Including 41 CFR 60, and 29
<br />CFR 1625-1627. The contracting agencyand the FHWAhave
<br />the authority andthe responsibility b ensure carnplance with
<br />Tile 23 USC Section 140, the Rehabilitation Act of 1973, as
<br />amended (29 USC 794), and Title VI of the CINI Rights Ad d
<br />1964, as amended, and related regulations including 49 CFR
<br />Pas 21, 26 and 27; and 23 CFR Pads 2D0, 23D, and 633
<br />The following pmvisim is adopted from 23 CFR 230, Append%
<br />A, with appropriate revisions to conform to the U.S.
<br />Department of Labor (US DOL) and FHWA requirements.
<br />1. Equal Employment Equal employment
<br />oppmtmity (EEO) requiemeds notto discriminate and to take
<br />aS.mative action to assure equal opportunity as set forth
<br />under Ism, executive orders, rates, regulations (26 CFR 35,
<br />29 CFR 1630, 29 CFR 1625.1627.41 CFR60 and 49 CFR27)
<br />and orders of the Secretary of labor as modified by the
<br />Provisions prescribed herein, arid Imposed pursuant to 23
<br />US.C. 140 shelf constitute the EEO and specific affirmative
<br />aclon standards for the contractors project actkiles under
<br />P-19 of P-52
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