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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 />'Wtnoever, being an cheer, agent, &employee of the United <br />States, orof any State or Tam". or wtmever, whether a <br />person, association, iron, or corporation. know8ugy makes any <br />false staCmert, false representation, Of false report as b the <br />character, quality, quantity, or cost of the material used &to <br />be used, or the quantity or q ua linty of thework performed or to <br />be p r owned, or lhe cost the reef i n connection wits the <br />SLtnliSslon of plans, maps, s pcciircations, contacts, or costs <br />of construction on ary highway or related project submitted for <br />approval to toe Secretary of T ransporlatiorr, or <br />wtnever knovatgly makes any false statement, false <br />representation, false report or false daim with respect to the <br />c hartcter, quaky, quantity, or cost of ary wodc pe normad & to <br />be performed, or materials furnished or to to fur&ish ad. in <br />connection with ttte constuction of any highway or related <br />project approved try the Secretary of Transportation; a <br />whoever knowing ly makes any false statement afalse <br />representation as to material fact in any statement, cerifcate, <br />or report submined pursuant to provisions of the Federal aid <br />Roads Act approved Juy 1, 1916. (39 Sat. 355), as amended <br />and supplemented: <br />Shall be fined under this title ar imprisoned not more tnan 5 <br />years or bah-, <br />Ix. NPLEMEN TAT ION OF CLEAN AIR ACT AND FEDERAL <br />WATER POLLUTION CONTROL ACT <br />This provision is applicable to all Federalaid constriction <br />conlracts and b all related subcontracts. <br />6y submission of this bicilpmpesal or he execution of ttnis <br />contract, &subdxnract. as appropriate, the bidder, proposer <br />Fed eral•ald constuction corntractor, or Wtcortractor, as <br />appropriate, fry the deemed to have stipulated as folbws: <br />1. That ary person wino is or will be utilized n the <br />perfwman et of the contract is not prdribred from receiving an <br />award due to a violation of Section 50EI of he Clean water Pet <br />a Section 306 of he Clean Pair Act <br />2. That he contractor agrees b induce or cause to be <br />imbAad the requiem ants of paragr'apb (1) of ttis Section X in <br />every sub ontracl, and fu rtlrer agrees u take suds action as <br />he contracting agency may direct as a means a enforcing <br />suchrequiremenis. <br />X.CERTIPICATION REGARDING DEBARMENT, <br />SUSPENSION, INELIGIBILITY AND VOLUNTARY <br />EXCLUSION <br />Tics provis on is applicable to a Federal aid construction. <br />contracts, design -build contracts, subcontracts, iG er{ier <br />subcontracts, purchase orders, lease agreements, consultant <br />cmtm= or any other covered tansaction requ sing RfwA <br />approval a that is estimated to coat S25,000 ormore - as <br />damned h 2CFR Pans 1Wand 1200. <br />1. Instruc dons for Cell ificatlon - First Tier Pa die 1panis: <br />a. Ely signing and submitting this proposal, the prospective <br />first tier participant is providing the certification set out below. <br />b. The inability a a person to provide he certiication set out <br />below will notr.eoessarily msuein denial of participotiorran ibis <br />covered transaction. The pinspective first tier participant shall <br />submit an explanation of why rt cannot provide the cautication <br />set &LA below. The certification orexp la nalorn coil be <br />con sdafod in con action wah the department oragarrays <br />d eta nnination wh eihar to enter into this tansaction. Nowevof, <br />fa ilure of th o prospective first tier participant to fumish a <br />certifcaton or a n explanation shall disqualify s Leh a person <br />kom pa ncipatrm in this transaction. <br />c- The oertification in this da use is a m iredalrepresertatian <br />of factupon which reliance was placed wtnentle contracting <br />agerey determined to enter into his transaction. If it is later <br />determined that fie prospective participant knowngy rendered <br />an erroneous certification, in addaion n mbar remedies <br />avada hie to are Federal Gov arnment, tie catua:ing agency <br />may terminate cis transaction for cause CAdefault. <br />d. The prospective fast tier pancipant steal provide <br />non ad ate wraten rnotice to the amuactirg agency to whom <br />this proposal is submitted if any time the prospective fr at tier <br />pa rtiapanl seams that e; certification was erwcaus when <br />submitted or has become erroneous by reason ofctanged <br />cwcumswmes. <br />e. The terms'covemcl transaction' dabamad," <br />'suspended,` °ndigible,"'lpartierpart,° "person,° -Orco.' <br />and %oluntwily excluded' as toed in to; clause, are (I aired <br />in CFR Pats 1 hoard 1200. 'First Tier Covered <br />Tranuct aWreters to any ooxered trarsadlunbetweeri a <br />grantee a subgmnlee a Federal funds and a participant (such <br />as fie prime or general c&dracl). 'Lower Tier Covered <br />Tra nsactiwW refers b any covered transaction urM&a Fl nst <br />Tier Covered Transaclim (such as subcarbrada). 'First Ter <br />Pa ReW refers to the pa rtkipent who has entered into a <br />covered transactionw rr a grantee or subgranhe a Federal <br />fends {s it as the pni W general GU*M"L toyer Tier <br />PartcperP refers any parlicipad wino has entered tnta a <br />covered transaction with a First Tier Participant aotheT Lower <br />Tier Participants (such as subcnrtractors and suppiems , <br />f. The prospective first tier participant agrees by submdtintg <br />this proposal that, should the proposed covered tansaction be <br />entered into, it shall not knowingly enter into any lower tier <br />covered transaction •Ash a pe ison wino is debarred, <br />suspended, ded a ed in elib le, or vWurtantV exchrded from <br />participation in this covered Im nsaction, unless autbortred by <br />the depamert or agency entering alo this transactor <br />g. The pmspectrve fast tier parlimpant further agrees by <br />suhmting tttis proposal that it vAl include the clause tilled <br />"Cervfcaim Regardng Cabamlert, Suspension, Ineligibility <br />and Vciuntaq Exclusion Lower Tier Covered Transactions," <br />provided by the department or contracting agency, entering <br />intothis covered iramaction, without modficatim. in all tower <br />tiercovered transactions and n all smioitations fa lower tier <br />covered transwboans exceeding the S25,00C l4reshold.. <br />h- A participant in a covered transaction may rely upon.a <br />certification of a prospective participant in a lowertier covered <br />trdnsaetion that is not debarred, suspended, nrlgrLk, or <br />vaunanly excluded from the covered uarnsactiort unless it <br />knows That the cart Ticatortis enoreovs. A partir�eanirs <br />responsible for ersurirg hat its principals we not suspended, <br />de ha Red, orottwvise ineigi6ie to particole in covered <br />tansaclons. To verify the eligibility of its principals, as well as <br />fie eig ihiity m any IewErtier prospecive pantie ipants, each <br />pa rl apam may, but is not required to, check he Excluded <br />Parties List System website Etntoslnw . EpIs.00wl, which is <br />compiled ty the General Se cures Admin iswation. <br />