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Item 15 - Centennial Lake Circulation Renovation Project
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04/18/2023 Special and Regular
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Item 15 - Centennial Lake Circulation Renovation Project
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Item #
15
Date
4/18/2023
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CITY OF SANTA ANA <br />CONSTRUCTION CONTRACT AGREEMENT <br />PROJECT NO.: 18-2681 <br />CENTENNIAL LAKE CIRCULATION RENOVATION <br />iv CONTRACTOR warrants that it is not debarred, suspended, or otherwise excluded <br />from or ineligible for participation in any federal programs. CONTRACTOR also agrees to verify that all <br />subcontractors performing work under this Construction Contract are not debarred, disqualified, or <br />otherwise prohibited from participation in accordance with the requirements above. CONTRACTOR <br />further agrees to notify the CITY in writing immediately if CONTRACTOR or its subcontractors are not <br />in compliance during the term of this Construction Contract. <br />(i) Appendix II to Part 200 (I) — Byrd Anti -Lobbying Act: CONTRACTORS that apply or <br />bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier <br />above that it will not and has not used Federal appropriated funds to pay any person or organization for <br />influencing or attempting to influence an officer or employee of any agency, a member of Congress, <br />officer or employee of Congress, or an employee of a member of Congress in connection with obtaining <br />any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose <br />any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. <br />Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the <br />certification(s) to the awarding agency. CONTRACTOR must sign and submit to the CITY the <br />certification regarding lobbying attached hereto as Attachment "1" and incorporated herein by this <br />reference. <br />0) Appendix H to Part 200 (J) — §200.323 Procurement of Recovered Materials: <br />Q CONTRACTOR shall comply with section 6002 of the Solid Waste Disposal Act, <br />as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include <br />procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. <br />part 247 that contain the highest percentage of recovered materials practicable, consistent with <br />maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or <br />the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid <br />waste management services in a manner that maximizes energy and resource recovery; and establishing <br />an affirmative procurement. <br />In the performance of this Construction Contract, the CONTRACTOR shall make <br />maximum use of products containing recovered materials that are EPA -designated items unless the <br />product cannot be acquired: competitively within a timeframe providing for compliance with the contract <br />performance schedule; meeting contract performance requirements; or at a reasonable price. <br />iii Information about this requirement, along with the list of EPA -designate items, is <br />available at EPA's Comprehensive Procurement Guidelines web site, <br />littps://www.epa. gov/smm/coniprehensive-procurement-guideline-cpg-program. <br />iv The CONTRACTOR also agrees to comply with all other applicable requirements <br />of Section 6002 of the Solid Waste Disposal Act." <br />(k) Appendix II to Part 200 (K) — §200.216 Prohibition on Certain Telecommunications and <br />Video Surveillance Services or Equipment: <br />
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