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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 />VI. SUBLETTING OR ASSIGNING THE CONTRACT
<br />This provision is applicable to at Faderal-aid construction
<br />cortracts on this Nalioral Highway System,
<br />1. The contractor she] perfomi with its own organization
<br />contract work amounting b not loss than 30 percent (or a
<br />greater percentage A specified elsewhere In the contract) of
<br />the total original contract price, excluding any specialty items
<br />designated by the contracting agency. Specialty items may be
<br />pwil rmsd by subcontract and the amount of cry such
<br />specialty items performed may be deducted from the total
<br />original contract price before conpuing the amount ofwork
<br />required to be performed by the contractors awn organization
<br />(23 CFR 635.116).
<br />a. The term peffarm wOhk wi0h its arm organlzatiorr refire
<br />to workers employed or based by he prime contractor, and
<br />ogLip mart owned or rented by Ire prime contractor, with or
<br />wilhautaparators. Such term does not include employees or
<br />equipment d a suboontmcbror lower Oersuboonhactor,
<br />agents of the prime contractor, or any other assignees. The
<br />term my induct psymeris far the costs of hiring Wand
<br />employees from an employee leasing form mealing all relevant
<br />Federal and State regulatory requirements. Leased
<br />employees may only, be included in this tam if he prime
<br />contractor meats all of the fogowing conditions:
<br />(1)theprime contradormaintalre control overthe
<br />supervision of the day -today activities of the leased
<br />employees;
<br />(2) the prime contractor remains responsible for the quality
<br />of the work of the leased employees;
<br />(3) the prime contractor retains as power b accept or
<br />exclude Individual employees from work on the project; and
<br />(4) if* prime contractor remains ultimately responsible for
<br />the payment of predetermined minimum wages, the
<br />submission of payrolls, slatemants of compliance and all
<br />other Federal regulatory regulmmant&
<br />b.'Spaciatly dome shall becorstrued to be halted to work
<br />That requires highly specialized knowledge, aHlities, or
<br />equipment not ordnarly available in the type of contracting
<br />organizations qualified and expected to bid or prapossonlhe
<br />contract as s wNdk+and in general am to be Ilnlad to minor
<br />components of the ovemll contract.
<br />2. The contract amount upon which the requirements set ford
<br />In pamgmph (1) of Section VI is computed Includes he cast of
<br />material and manufactured products which are to be
<br />purchased or produced by the contractor underthe contract
<br />provisions.
<br />3. The contractorshal furnish (a) a competent superintendent
<br />or supervisor who is employed by fie firm, has fug authority to
<br />direct performance of the work in accordace wife he contract
<br />requirements, and is in large of all construction operations
<br />(regardless of who pedorms the work) and (b) such other of it
<br />worn organizational resoumes (supervision, management, and
<br />engineering services) as the contracting officer determines is
<br />necessay, to assure he performance ofthe contract
<br />4, No portion of the contract shag be srblet, assigned a
<br />otherwise disposed of eocapt with to written consent of the
<br />coAracft officer. or sufdrized representative, ad such
<br />consent when given site" not be construed to relieve he
<br />contractor of any responsibility for the fulgtiment of he
<br />contract Written consent will be given only after the
<br />contracting agency has assured fiat each subcontract Is
<br />evidenced in writing and that it oamams all pertinent provisions
<br />and rewimments of Ire prime contract.
<br />5. The 30% self -performance requirement of paragraph (1) Is
<br />not applicable to design-buld contracts; however, contracting
<br />agencies may establish their own seH-perormance
<br />requirements.
<br />VA. SAFETY: ACCIDENT PREVENTION
<br />This provision is applicable toall Fedaralke d
<br />croslruction contracts and In at related subcontracts.
<br />1. In the porormance d ttiscontract the cortracta shell
<br />comply with all applicable Federal, Stale, and local laws
<br />governing safety, health, and sanitation (23 CFR 635). The
<br />contractor shall provide an safeguards, safetydevicas and
<br />protective equipment a nd take anyolher needed actions as it
<br />datarmnes, or as the contracting of iGer may debmrine, to be
<br />reasonably necessary to proled the fire and health of
<br />employees on the job and the safely of the public and to
<br />protect property in conmclim with the pabrmance of fie
<br />work covered by he contract
<br />2, it is a condition of this contract, and shay be made
<br />condAlan of each subcontract, which he contractor orders into
<br />pursuant to his cairact, that the contractor and any
<br />subcontractor shag nil permit any employee, in performance
<br />of the contract to work In surroundings or under conditions
<br />which we unsanitary, hazardous or dangerous to hisfher
<br />health or safety, as determined underconsbucilon safety and
<br />health standards (29 CFR 1926)promulgated by the Secretary
<br />of Labor, in accordance with Section 107 of the Contract Work
<br />Fours and Safety Standards Act (40 U.S.C. 3704}
<br />3, Pursuant to 29 CFR 19263, it Is a corndtion of this contract
<br />that the Secretaryof Labor or authorized representative
<br />thereof, shag lave right of entry to my sate of contract
<br />parlor mance to inspector investigate the matter of compliance
<br />with the construction safely and heath standards and to carry
<br />out gar duties of he Secretary most Secgon 107 of the
<br />Contract Work Hours and Safety Stands ds Act(40
<br />U.S.C.3704).
<br />VIA. FALSE STATEMENTS CONCERNING HIGHWAY
<br />PROJECTS
<br />T h i s p r o v I s i o n i s applicable to all Faderal•ad
<br />construction contracts and to all related subcontracts.
<br />In orderto assure high quality and durable construction in
<br />conformity with approved plans and specifications and ahigh
<br />degree of reliability on statements and represmtagors made
<br />by engineers, contractors, suppliers, and workers on Federal.
<br />ad highway protects, It is essential that at personsooncemed
<br />with the project perform their functions as carefully, thoroughly,
<br />and honestly as possible. Wilful falsification, distortion, or
<br />misrepresentation with respect In any facts related to the
<br />project is a violation of Federal law. To prevent any
<br />misunderstanding regarding he seriousness of these and
<br />similar acts, Farm FHWA-1022 shag be posted on each
<br />Federabaid highway proect (23CFR 635)in am ormo s
<br />places where it Is madly available to at poisons coneerrod
<br />with the project
<br />16 U.S.C. 1020 reads as folaws:
<br />P-26 of P-52
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