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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 />"Whoever, being an officer, agent, aemployee of the Urited
<br />States, or of any State or Territory, a whoever, whether a
<br />person, association. In. orcorponat on, knowkgty makes any
<br />false statement, false representation, "false report as to the
<br />character, quality. quantity, or cost o the material used a to
<br />be used, or the quantity or qua8yof thework performed or to
<br />be pefored, or be cost thereof in conredion with the
<br />silxn'sslon of plans, maps, specifications, contacts, or costs
<br />of earxilmdion on any highway or mlaled pro)ecl submitted for
<br />approval to he Secretary of Transportation: or
<br />Whoever knowngy makes any false statement. false
<br />representation, false report or false dam with reaped to the
<br />chamder, quality, it entily, err cost of any work performed a to
<br />to performed, or materials furnished or to be furnished, in
<br />connection with the corehs:tion of any highway or related
<br />prejad approved by the Secretary of Transportation; a
<br />Whoever knowingly makes any false slaiamenl afalse
<br />repiesentatlon as to maleral fad in any statement, cerfficate,
<br />or ration submitted pursuant to provision of the Federdaid
<br />Roads Ad approved July 1, 1916, (39 Slat. 355� as amended
<br />and supplemented;
<br />Shari be fined under this OW aimprisoned not more ban 5
<br />years or bah.'
<br />IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
<br />WATER POLLUTION CONTROL ACT
<br />This provision is applicable to all Federal -aid construction
<br />contracts and b all related subcontracts.
<br />By submission of this bWiereposal or he execution of this
<br />contract or subcontract, as appropriate, the bidder, proposer
<br />Federal -aid construction corhuactor, or subcontractor, m
<br />apprapnate, will be deemed to have stipulated as follows
<br />1. Than any person who is or will be utilized in the
<br />performance of In* contract is not prohibited from mceiong an
<br />award due to a violation of Setlon 5D8 of he Clean Water Ad
<br />or Section 306 of he Clean Air Ad.
<br />2. That he contractor agrees to include or cause to be
<br />included the requirements of paragraph (1) of this Section X in
<br />every sulacontrad, and further agrees to take such action as
<br />he contracting agency may direct as a means of enforcing
<br />such requirements.
<br />X.CERTIFICATION REGARDING DEBARMENT,
<br />SUSPENSION, INELIGIBILITY AND VOLUNTARY
<br />EXCLUSION
<br />This provision is applicable to as Federal aid construction
<br />contends, design -build contracts, subcontracts, lowerntier
<br />subcontracts. purchase orders, dace agreements, consultant
<br />contracts or any other covered laeacfon requiring FHWA
<br />approval a that is eslimatedto coal $25,000 or more — as
<br />defined h 2 CFR Pads 180and 1200.
<br />1. Instructions fa Certi ication —First Tier Participants:
<br />a By signing and submitting this proposal, the prospective
<br />first tierparticipars is providing the certification set out below.
<br />b. The inability of a person In provide fro centTmcaem set out
<br />below will net necessarly result in denial of participation in this
<br />covered Varmaction. The prospective first tiff participant shag
<br />submit an explanation of why it cannot provide the certFication
<br />set oil below. The certification or explanafon will be
<br />considered in connection with the department oragencys
<br />determination whether to enter into this transaction. However,
<br />failure of the prospective first her tatlicipant b furnish a
<br />certification or an explanation shall disqualify awh a person
<br />from participation in this transaction.
<br />e. The certification in this dance is a matedalrepresedation
<br />d fad upon which reliance was placed when the contracting
<br />agarcy determined to enter into his transaction. If it is later
<br />determined that be prospective participant knowingly rendered
<br />an emmierius certification, in addAion b other remedies
<br />available to be Federal Govermnent, he contracting agency
<br />may terminate this transaction for cause of default
<br />d. The prospective first tier Participant shall provide
<br />immediate written notice to the contracting agency to whom
<br />this proposal is submitted if any time the prospective first tier
<br />paniripant looms that ils certification was erroncous when
<br />submitted or has become erroneons by mason of changed
<br />circumstances.
<br />e. The tam;'covered traeadiaL"debarred,`
<br />'smpendetl"indigt*,""padicipad,"persal' 'principal,'
<br />and -voluntarily excluded,' as used in this clause, am defned
<br />in 2 CFR Parts 180 and 120D. 'Find Tier Covered
<br />Tennsactlons'ralen to any covered transaction between a
<br />grantee a subgrantee of Federal funds and a participant (such
<br />as fie prme or general contrite. 'Lower Tier Covead
<br />Transedlorn refers to arrycovered transaction under a First
<br />Tier Covered Transaction (such all subeorarads). 'Fist Tier
<br />PaNcpanY refers to the participant who has entered into a
<br />covered transaction wih agrant" or subgrantee of Federal
<br />funds (such as the prime or general catiractor). "Laver Tier
<br />ParfcparI* min any participant wild has entered Mo a
<br />covered transaction will) a First Tier Participant or other Lower
<br />T iar Participants (such as subcontractors and stppiers).
<br />f. The prospective first fie participant agrees by submitting
<br />this proposal that. should the proposed covered transaction be
<br />entered into. it 9nati not knowingly anlor kilo any tower her
<br />covered transaction wlb a person who is debarred,
<br />suspended, declared iridgbte, or vofun adly exluded Ian
<br />participation in this covemd transaction, udess authorized by
<br />the deparlment or agency entering into this transaction
<br />g. The prospective fret tier participant further agrees by
<br />sulbrrttiing this proposal that it will include the clause tiled
<br />'Certification Regarding Deleamient. Suspension, Ineligibility
<br />and Voluntary FxctusbnLower Tier Covered Tmnsadims,"
<br />provided by the department a contracting agency, entering
<br />into this covered transaction, withal modification, in all lower
<br />tier covered transactions and in all sdidla8ors for lower tier
<br />covered Van sacforx exceeding the E25.000 Brres od.
<br />h. A participant in a covered transaction may rely µnon a
<br />certiicatbn of a prospective, partiipard in a lower tier covered
<br />tmnsacfen bat is net debarred, suspended. ineligible, or
<br />voluntarily occluded from the covered transactlort unless it
<br />knows that lhecertificafon is erraeous. Aperfiipantis
<br />responsible for ensuring flat its principals we not suspended,
<br />debarred, orodierwise Ineligible to participate in covered
<br />laeactions. To verify the eligbity of is principals, as wall as
<br />the eligibility of any lower tier prospective participants. each
<br />participentmay, but is not required In, check he Excluded
<br />Palties List System websile LtpsJfwww. opts oowt which is
<br />compiled by the Generei Services Administration.
<br />P-27 of P-52
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