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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 />i. Nothing contained in the foregoing shall be const rued to
<br />require the establishment of a system of records in order to
<br />render in good faith the certification regakedby this clause.
<br />The knowledge and idorrretion of the prospective participant
<br />is not required to exceed that which is normly possessed by
<br />a prudent person in the ordinary terse of business dealings.
<br />j. Except for uansadions sulhodzed under paragraph m of
<br />These InWu diorss, if a padlcpanl in a covered transaction
<br />knowingly enters into a lower tier covered transaction with a
<br />person who is auspended, debarred, indigble, or vduraarity
<br />excluded from participation in this transaction, in addition to
<br />other remedies available to the Federal Govemmed. the
<br />department or agency may terminate this transaction forcame
<br />a default.
<br />2. Certification Regarding Debarment,Suspension,
<br />Ineligibility and Voluntary Exclusion —Firs) Tier
<br />Participants:
<br />a. The prospective twat her participant certifies to the best of
<br />is knowledge and belief, that and its principals:
<br />(1) Ant nel presently debarred, suspended, proposed for
<br />debarmmu, declared neigble, orvolunlarly excluded from
<br />padicipaang in cowed Imnsaetols by an/ Federal
<br />department or agency;
<br />(2) Fiwe rot wihn a three -yea period preceding tus
<br />Proposal beenconvicled of or had a cM judgment rendered
<br />against them forcommission of fraud ora criminal offense in
<br />connection with obtalring, a0empfog to obWn.w perfwmng
<br />apubic(FedemLStalewbal)tramaclonorc ItWunder
<br />a pubic transaction; violation of Federal orState antitrust
<br />statutes a commission of embezzlement thall, forgery,
<br />bribery, fastcation ordestmction of records,making false
<br />statements, orreceiving stolen property:
<br />(3) Are net presently indicted for or oMnwise criminally or
<br />citify charged by a govemmentai ertty (Federal, State or
<br />local) with commission of any of the offenses enumefaled in
<br />paragraph (a)(2) of this unification; and
<br />(4) flaw rid within a three yew period preceding this
<br />appialioNpmposal had we a more pubic transactions
<br />(Fedaai, State orlocal) temhnated ter cause or deati t.
<br />b. Where the prospective participant is unable to cedi fy to
<br />any of he statements n the ceNiatbn, such prospective
<br />participant shall attach an explanation to this puoposet,
<br />2. Instructions for Certifution • Lower Tier Participants:
<br />(Applicable to all subcontracts, purchase orders and other
<br />lower tier transactors regwmg prior FHWA approval or
<br />estimated to cost 525,000 ormore - 2 CFR Pars 180 and
<br />1200)
<br />e Sy signing and submitting this Proposal, he prospective
<br />lower tier is providing the cerffation sel out below.
<br />b. The canilcelion in this clause is a material representation
<br />effect upon which reliance was pieced when this transaction
<br />was entered into. I If is later determined that the prospective
<br />lower bar participant knowingly rendered an erroneous
<br />carffiaim. n addition to other remedies available to the
<br />Federal Govemmert, be deparlmad. or agency with which
<br />ths transaction ongnaled may pumm available remedies.
<br />ipludng suspension and/or debarment.
<br />C. The prospective lower ber participant shall provide
<br />imnediatewritten notice to the person to which this Proposal is
<br />submitted if at any fare the prospective lower tier paricipa t
<br />learns thdb cefOfcabm was erroneousby reasoner
<br />changed circumstances.
<br />d. The tans 'covered transaction :'debarred:
<br />'sueperdel: 'neigble. 'parfapenl,"'person: 'primipal,'
<br />ard'voludsrily extluded,' as used in this clause, ore defned
<br />h 2 CFR parts 180and 1200. You may conlecithe person to
<br />which thispmposal is submitted for assistance in chtaining a
<br />copy of those regulations. First Tier Covered Transactions'
<br />niters to airy covered transaction between a grantee a
<br />subgranee of Federal funds and a participant (such as 0e
<br />prime or gma al cardracp. lower Tier Covered Transactions'
<br />refers to any covered transaction under a FM Tier Covered
<br />Transaction (such as aAcadracts). First TierPar0clpad'
<br />refers to the partippad who has entered into a covered
<br />transaction with agrantee or subgrantee or Federal funds
<br />(such as the prime %general centacor). 'Lower Tier
<br />Participal' filters any participant who has entered Into a
<br />covered transaction with a Fast Tier Participant or ether Lower
<br />Tier Participants (such as subcontractors and suppliers)
<br />e The prospective lower her pargdpenlagran by
<br />submtticg that prcposel that. shoud the proposed covered
<br />transaction be entered into. it shall net knowingly enter into
<br />any lower tier covered transaction with a pawn who is
<br />debarred, suspended, declared ineligible, or voluntarily
<br />excluded from participation in this covered transaction, unless
<br />authorized by the department a agency with which this
<br />trmsactionwginated.
<br />f. The Prospective lover liar participant father agrees by
<br />submilting this proposal that it will ndude this clause titled
<br />'Certification Regarcing Debarment, Suspension, ineligibility
<br />and Volurtary Exclusion -Lower Tier Covered Transaction'
<br />without rta0ifcalion, in all fower tier covered transactions and
<br />in all solicitations for lower tier covered transactions exceeding
<br />the S25,f100 threshold
<br />g. A participant in a covered transaction my rely upon a
<br />cedtiafon of a prospective participant In a lower tiercovered
<br />transaction theirs not debarred, suspended, neigbfe, or
<br />voluntarily excluded from the covered transaction mien it
<br />knows that the rarlifpation is emon rcus. A perliolpart is
<br />responsible for ensuring Iner its principal; as not suspended,
<br />dabs med, a otherwlw ineligible to participate in covered
<br />transectiaa. To verify the eligibility of its pdndpah, as was as
<br />the eligibility of any lower fief prospective participants, each
<br />participant may. but is not required to, daclt the Excluded
<br />Parties List System websle rifles:/hvww.ads.00v/b which is
<br />compiled by the General Services Administration.
<br />h. No" contained In the foregoing shaf be construed to
<br />remare establishment of a system of scans in order to render
<br />in good faith the cedreafon required by fus clause. The
<br />knewiedge and irfometion of participant is not "ked to
<br />exceed that which is nwmaay possessed by a prudent person
<br />In M ordinary course of business, doings.
<br />i. Except for transactions authorized under paragraph a of
<br />these isttctorm, if a participant in a covered transaction
<br />krowYtgy, enters into a lower her covered transaction with a
<br />person who is suspended, debanad. inefgicle, or voluntady
<br />excluded frown parlidpafm in this transaction, in addition to
<br />other remedies available to the Federal Govemmed, the
<br />P-28 of P-52
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