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HomeMy WebLinkAbout96-054 - WA State Department of Transportation - Interurban Avenue Bridge Widening Grant� Washinc 'r/ Departn Eton tate en of Transportation Local Agency Agreement Supplement Agency Estimate of Fund ng Typeof Work Supplement Number City of Tukw '' 4 Federal Aid Project Number Agreement Number CFDA No. 20.205 STPE-1320(001) LA 1954 (Catalog of Federal Domestic Assistance) The Local Agency desires to supplement the agreement entered into and executed on January 26, 1993 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Project Description Name Interurban Trail Termini Strander Blvd. to Green River Trail Description of Work No Change Length Reason for Supplement City staff to replace consultant as construction engineering administrators. Re -obligate funding from line L (Consultant) to line 0 (Agency). The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of the Federal funds obligated, it accepts and will comply with the applicable provisions. Agency Official Washington State Department of Transportation By Title Mayor DOT Form 140-041 EF Revised 4/2000 By Assistant Secretary for Highways and Local Programs Date Executed ENTD J U L 1 5 2000 Estimate of Fund ng Typeof Work (1) Previous Agreement/Suppl. (2) Supplement (3) Estimated Total Project Funds (4) Estimated Agency Funds (5) Estimated Federal Funds PE a. Agency 80 % b. Other Consultant 109,223.00 109,223.00 21,845.00 87,378.00 c. Other Federal Aid d. State 1,000.00 1,000.00 200.00 800.00 Participation Ratio for PE e. Total PE Cost Estimate (a+b+c+d) 110,223.00 110,223.00 22,045.00 88,178.00 Right of Way f. Agency % g. Other Consultant Federal Aid h. Other Participation Ratio for RW i. State j. Total R/W Cost Estimate (f+g+h+i) Construction k. Contract 584,046.00 584,046.00 116,809.00 467,237.00 I. Other Consultant 87,231.00 -42,231.00 45,000.00 11,745.00 33,255.00 m. Other n. Other . 80 % o. Agency 42,231.00 42,231.00 5,701.00 :36,530.00 Federal Aid p State 1,000.00 1,000.00 200.00 : •:.800.0(1 Participation Ratio for CN q. Total CN Cost Estimate (k+l+m+n+o+p) 672,277.00 672,277.00 134,455.00 53 , .00 r. Total Project Cost Estimate (e+j+q) 782,500.00 782,500.00 156,500.00 "626,1 i ' .fl0 The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of the Federal funds obligated, it accepts and will comply with the applicable provisions. Agency Official Washington State Department of Transportation By Title Mayor DOT Form 140-041 EF Revised 4/2000 By Assistant Secretary for Highways and Local Programs Date Executed ENTD J U L 1 5 2000 • Washington State Department of Transportation 01i AGENCY9 (e) -c). (c.,) 256 Local Agency Agreement Supplement Agency City of Tukwila Supplement Number 3 Federal Aid Project Number STPUL-1027(004) Agreement Number LA -3418 CFDA No. 20.205 (Catalog of Federal Domestic Assistance) The Local Agency desires to supplement the agreement entered into and executed on October 11, 1996 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Project Description Name Interurban Avenue Bridge Widening Termini 1,000 feet north of Fort Dent Way to Grady Way/Southcenter Blvd. Length 0.38 Miles Description of Work ® No Change Reason for Supplement City staff to replace consultant as construction enginering administrators. Re -obligate funding from line L (Consultant) to line 0 (Agency). Type of Work yp Estimate of Funding (1) Previous Agreement/Suppl. (2) Supplement (3) Estimated Total Project Funds (4) Estimated Agency Funds (5) Estimated Federal Funds PE a. Agency 86.5 % b. Other Consultant 165,253.00 165,253.00 22,309.00 142,944.00 c. Other Federal Aid d. State 20,000.00 20,000.00 2,700.00 17,300.00 Participation Ratio for PE e. Total PE Cost Estimate (a+b+c+d) 185,253.00 185,253.00 25,009.00 160,244.00 Right of Way f. Agency % q. Other Federal Aid h. Other Participation Ratio for RW i. State j. Total R/W Cost Estimate (f+g+h+i) Construction k. Contract 1,064,411.00 1,064,411.00 143,696.00 920,715.00 I. Other Consultant 165,000.00 -85,000.00 80,000.00 10,800.00 69,200.00 m. Other n. Other 86.5 % o. Agency 85,000.00 85,000.00 11,475.00 73,525.00 Federal Aid p State 5,000.00 5,000.00 675.00 4,325.00 Participation Ratio for CN q. Total CN Cost Estimate (k+l+m+n+o+p) 1,234,411.00 1,234,411.00 166,646.00 1,067,765.00 r. Total Project Cost Estimate (e+j+q) 1,419,664.00 1,419,664.00 191,655.00 1,228,009.00 The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of the Federal funds obligated, it accepts and will comply with the applicable provisions. Agency Officiab Washington State Department of Transportation By Title Mayor DOT Form 140-041 EF Revised 4/2000 By Assistant Secretary for Highways and Local Programs Date Executed JUL 2 8 2003 Washington State Department of Transportation Local Agency Agre Agency City of Tukwila Supplement Number 2 Federal Aid Project Number Agreement Number STPUL-1027(004) LA -3418 CFDA No. 20.205 (Catalog of Federal Domestic Assistance) The Local Agency desires to supplement the agreement entered into and executed on October 11 1996 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Project Description Name � t, lr A/` 9ro VAi i; ®; >o„ I� a9 tiro Termini 1,000 feet north of Fort Dent Way to Grady Way/Southcenter Blvd. Description of Work ® No Change Reason for Supplement Obligate additional federal funds. Length 0.38 Miles Type of Work Previous Agreernent/Suppl. Estimate of Funding (2) r (3) Supplement Estimated Total 1 Project Funds (4) Estimated Agency Funds (5) Estimated Federal Funds PE a. Agency 86.5 % b.Other Consultant ____ _ _-- .t c. Other 133 72850' 31,525.00 165,253.00 142,944.00 22,309.00 } 1 Federal Aid Participation d. State 5,000.00 15,000.00 20,000.00 2,700.00 ! 17,300.00 Ratio for PE e. Total PE Cost Estimate (a+b+c+d) 138,728.00 46,525.00 185,253.00 25,009.00 160,244.00 Right of Way f. Agency 0 _ /o g. Other �— � ------------ Federal Aid _ - - - --- h. Other ParticipationRatio for RW i. State _ _----- --- ! ---- _._... j j. Total RMI Cost Estimate (f+g+h+i) Construction k. Contract Other Consultant m. Other 965,067.00 99,344.001 1,064,411.00 143,696.00 920,715.00 142,725.00I. ' , 21,740.001 165,000.00 22,275.00 n Other 86,5 % — -- o. Agency -- Federal Aid Participation p. State 1,500.00 3,500.001 124,584.00 5,000.00 675.00 4,325.00 Ratio for CN q. Total CN Cost Estimate (k+l+m+n+o+p) 1,109,827.00' 1,234 411.00 166,646.00 1,067,765.00 r. Total Project Cost Estimate (e+j+q) 1,248,555.00 171,109.00 1 1,419,664.00 191,655.00 1,228,009.00 The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of the Federal funds obligated, it accepts and will comply with the applicable provisions. Agency Official Washington State Department of Transportation DOT Form 140-041 EF Revised 4/2000 By Assistant Secretary for Highways and Local Programs Date Executed OR1GtNAL5 Washington State 76 Department of Transportation Agency City of Tukwila 9-6 - Local Age�'f�cy Agree�ent Dept. of Public Works Address 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188 Project No. Agreement No. For Headquarters WSDOT use only. The Local Agency having complied, or hereby agreeing to comply, with the terms and conditions set forth in (1) Title 23, U.S. Code Highways, (2) the regulations issued pursuant thereto, (3) Office of Management and Budget Circulars A-102 and A-128, (4) the policies and procedures promulgated by the Washington State Department of Transportation, and (5) the federal aid project agreement entered into between the State and Federal Government, relative to the above project, the Washington State Department of Transportation will authorize the Local Agency to proceed on the project by a separate notification. Federal funds which are to be obligated for the project may not exceed the amount shown herein on line s, column 3, without written authority by the State, subject to the approval of the Federal Highway Administration. All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency. Project Description Name Interurban Avenue Bridge Widening Length 0.38 Termini 1000 feet north of Fort Dent Way to Grady Way/Southcenter Blvd. Description of Work : Design and construct widening Interurban Avenue including existing bridge to provide additional northbound left turn lane to 1405 southbound on ramp for HOV only. The project improvements include roadway and bridge widening, paving, curb and gutter, sidewalk, drainage, illumination, pavement markings and symbols, signing, landscaping, traffic signal modifications, and extension of 12 inch water main. *Federal participation in construction engineering (q) is limited to 15 percent of the total contract costs (line m, column 3). The federal aid participation rate in this project will be determined by the Federal Government. The parties expect that it will be 86.5 percent; however, it is understood that the rate may vary. The Local Agency agrees that this agreement is entered into without relying upon any representation by the state made outside of this contract, or contained herein, as to what the federal participation rate will be. It further agrees that it will not condition any future actions with respect to the project covered by this agreement upon past, current, or future representations as to the federal participation rate. The dollar amount of federal participation cannot exceed the amount shown in line s, column 3. All costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency. DOT Form 140-039 Revised 8/95 Type of Work Estimate of Funding (1) Estimated Total Project Funds (2) Estimated Agency Funds (3) Estimated Federal Funds PE a. Agency work b. Other Consultant 1334.7.28 5,000 18,.Q53 675 115.,.625 4,325 c. State services d. Total PE cost estimate (a+b+c) 138,728 18,728 120,000 Right of Way e. Agency work f. Other g. State services h. Total R/W cost estimate (e+f+g) 0 0 0 Construction i. Contract . j. Other 9651067 965,067 130,1284 130,284 834, 78$ 834,783 k. Other 1. Other m. Total contract costs (i+j+k+1) Construction Engineering n. Agency o. Other Consultant 1431260 1,500 191340 203 123,920 1,297 p. State forces q. Total construction engineering (n+o+p) r. Total construction cost Estimate (m+q) 144, 760 19, 543 125, 217 1,109, 827 149,827 960,000 s. Total cost estimate of the project (d+h+r) 1,248,555 168,555 1,080,000 *Federal participation in construction engineering (q) is limited to 15 percent of the total contract costs (line m, column 3). The federal aid participation rate in this project will be determined by the Federal Government. The parties expect that it will be 86.5 percent; however, it is understood that the rate may vary. The Local Agency agrees that this agreement is entered into without relying upon any representation by the state made outside of this contract, or contained herein, as to what the federal participation rate will be. It further agrees that it will not condition any future actions with respect to the project covered by this agreement upon past, current, or future representations as to the federal participation rate. The dollar amount of federal participation cannot exceed the amount shown in line s, column 3. All costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency. DOT Form 140-039 Revised 8/95 Construction Method of lancing ,, (check method selected) State Ad and Award O Method A — Advance Payment — Agency share of total construction cost (based on contract award) 0 Method B — Withhold from gas tax the Agency's share of total construction cost (line 4, column 2) in the amount of $ at $ per month for months Local Force or Local Ad and Award Method C — Agency cost incurred with partial reimbursement The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of the federal funds obligated, it accepts and will comply with the applicable provisions set forth below. Adopted by official action on 19 , Resolution/Ordinance No. Agency Official Provisions 1. Scope of Work The Agency shall provide all the work, labor, materials, and services necessary to perform the project which is described and set forth in detail in the "Project Description" and "Type of Work." When the State acts for and on behalf of the Agency, the State shall be deemed art agent of the Agency and shall perform the services described and indicated in "Type of Work" on the face of this agreement, in accordance with plans and specifications as proposed by the Agency and approved by the State and the Federal Highway Administration. When the State acts for the Agency but is not subject to the right of control by the Agency, the State shall have the right to perform the work subject to the ordinary procedures of the State and Federal Highway Administration. 11. Delegation of Authority The State is willing to fulfill the responsibilities to the Federal Government by the administration of this project. The Agency agrees that the State shall have the full authority to carry out this administration. The State shall review, process, and approve documents required for federal aid reimbursement in accordance with federal requirements. If the State advertises and awards the contract, the State will further act for the Agency in all matters concerning the project as requested by the Agency. If the Local Agency advertises and awards the project, the State shall review the work to ensure conformity with the approved plans and specifications. 111. Project Administration Certain types of work and services shall be provided by the State on this project as requested by the Agency and described in the Type of Work above. In addition, the State will furnish qualified personnel for the supervision and inspection of the work in progress. On Local Agency advertised and awarded projects, the supervision and inspection shall be limited to ensuring all work is in conformance with approved plans, specifications, and federal aid requirements. The salary of such engineer or other supervisor and all other salaries and costs incurred by State forces upon the project will be considered a cost thereof. All costs related to this project incurred by employees of the State in the customary manner on highway payrolls and vouchers shall be charged as costs of the project. IV. Availability of Records • All project records in support of all costs incurred and actual expenditures kept by the Agency are to be maintained in accordance with procedures prescribed by the Division of Municipal Corporations of the State Auditor's Office, the U.S. Department of Transportation, and the Washington State Department of Transportation. The records shall be open to inspection by the State and Federal Government at all reasonable times and shall be retained and made available for such inspection for a period of not less than three years from the final DOT Form 140-039 Revised 8/95 2 Washington State Department of Transportation By Assistant Secretary for TransAid Date Executed payment of any federal aid funds to the Agency. Copies of said records shall be furnished to the State and/or Federal Government upon request. V. Compliance with Provisions The Agency shall not incur any federal aid participation costs on any classification of work on this project until authorized in writing by the State for each classification. The classifications of work for projects are: 1. Preliminary engineering up to and including approval. 2. Preparation of plans, specifications, and estimates. 3. Right of way acquisition. 4. Project construction. In the event that right of way acquisition, or actual construction of the road, for which preliminary engineering is undertaken is not started by the closing of the tenth fiscal year following the fiscal year in which the agreement is executed, the Agency will repay to the State the sum or sums of federal funds paid to the Agency under the terms of this agreement (see Section VIII). The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this project will conform to at least the minimum values set by approved statewide design standards applicable to this class of highways, even though such additional work is financed without federal aid participation. The Agency agrees that on federal aid highway construction projects, the current federal aid regulations which apply to liquidated damages relative to the basis of federal participation in the project cost shall be applicable in the event the contractor fails to complete the contract within the contract time. VI. Payment and Partial Reimbursement The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency and by the Federal Government. Federal funding shall be in accord with the Intermodal Surface Transportation Efficiency Act 1991, Title 23, United States Code, as amended, and Office of Management and Budget circulars A-102 and A-128. The State shall not be ultimately responsible for any of the costs of the project. The Agency shall be ultimately responsible for all costs associated with the project which are not reimbursed by the Federal Government. Nothing in this agreement shall be construed as a promise by the State as to the amount or nature of federal participation in this project. 1. Preliminary Engineering, Right of Way Acquisition, and Audit Costs The Agency will pay for Agency incurred costs on the project. Following such payments, vouchers shall be submitted to the State in the format prescribed by the State, in quadruplicate, not more than one per month. The State will reimburse the Agency up to the amount shown on the face of this agreement . r those costs eligible for federal participation to the extent that such costs are directly attribut- able and properly allocable to this project. Expenditures by the Local Agency for the establishment, maintenance, general administration, supervision, and other overhead shall not be eligible for federal participation. The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government for reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to this project. The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Govemment (see Section VIII). 2. Project Construction Costs Project construction financing will be accomplished by one of the three methods as indicated in this agreement. Method A — The Agency will place with the State, within (20) days after the execution of the construction contract, an advance in the amount of the Agency's share of the total construction cost based on the contract award. The State will notify the Agency of the exact amount to be deposited with the State. The State will pay all costs incurred under the contract upon presentation of progress billings from the contractor. Following such payments, the State will submit a billing to the Federal Government for the federal aid participation share of the cost. When the project is substantially completed and final actual costs of the project can be determined, the State will present the Agency with a final billing showing the amount due the State or the amount due the Agency. This billing will be cleared by either a payment from the Agency to the State or by a refund from the State to the Agency. Method B — The Agency's share of the total construction cost as shown on the face of this agreement shall be withheld from its monthly fuel tax allotments. The face of this agreement establishes the months in which the withholding shall take place and the exact amount to be withheld each month. The extent of withholding will be confirmed by letter from the State at the time of contract award. Upon receipt of progress billings from the contractor, the State will submit such billings to the Federal Government for payment of its participating portion of such billings. Method C — The Agency may submit vouchers to the State in the format prescribed by the State, in quadruplicate, not more than once per month for those costs eligible for Federal participation to the extent that such costs are directly attributable and properly allocable to this project. Expenditures by the Local Agency for the establishment, maintenance, general administration, supervision, and other overhead shall not be eligible for Federal participation. The State shall reimburse the Agency for the Federal share of eligible project costs up to the amount shown on the face of this agreement. At the time of audit, the Agency will provide documentation of all costs incurred on the project. The State shall bill the Agency for all costs incurred by the State relative to the project. The State shall also bill the Agency for the federal funds paid by the State to the Agency for project costs which are subsequently determined to be ineligible for federal participation (see Section VIII). VH. Audit of Federal Aid Project The Agency, if services of a consultant are required, shall be responsible for audit of the consultant's records to determine eligible federal aid costs on the project. The report of said audit shall be in the Agency's files and made available to the State and the Federal Government. An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental auditing standards as issued by the United States General Accounting Office by the Comptroller General of the United States; WSDOT Directive D27-50, Consultant Authorization, Selection, and Agreement Administration; memoranda of understanding between WSDOT and FHWA; and Office of Management and Budget Circular A-128. If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, the Agency shall reimburse the State for the amount of such overpayment or excess participation (see Section VIII). VIII. Payment of Billing The Agency agrees that if payment or arrangement for payment of any of the State's billing relative to the project (e.g., State force work, project cancellation, overpayment, cost ineligible for federal DOT Form 140-039. Revised 8/95 3 participation, etc.) is not made to the State within 45 days after the Agency has been billed, the State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to the Agency from the Motor Vehicle Fund. No additional Federal project funding will be approved until full payment is received unless otherwise directed by the Assistant Secretary for TransAid. IX. Traffic Control, Signing, Marking, and Roadway Maintenance The Agency will not permit any changes to be made in the provisions for parking regulations and traffic control on this project without prior approval of the State and Federal Highway Administration. The Agency will not install or permit to be installed any signs, signals, or markings not in conformance with the standards approved by the Federal Highway Administration and MUTCD. The Agency will, at its own expense, maintain the improvement covered by this agreement. X. Indemnity The Agency shall hold the Federal Government and the State harmless from and shall process and defend at its own expense all claims, demands, or suits, whether at law or equity brought against the Agency, State, or Federal Government, arising from the Agency's execution, performance, or failure to perform any of the provisions of this agreement, or of any other agreement or contract connected with this agreement, or arising by reason of the participation of the State or Federal Government in the project, PROVIDED, nothing herein shall require the Agency to reimburse the State or the Federal Government for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Federal Government or the State. No liability shall attach to the State or Federal Government except as expressly provided herein. XL Nondiscrimination Provision The Agency hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the rules and regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee or understanding pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: "DURING THE PERFORMANCE OF THIS CONTRACT, THE CONTRACTOR AGREES AS FOLLOWS:" (a) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation, and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Agency setting forth the provisions of this nondiscrimination clause. (b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Agency advising the said labor union or workers' representative of the contractor's commitments under this Section 11-2 and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (e) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules and regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Federal Highway Administration and the Secretary of 'rules, for purposes of investigation to ascertain Lump'lance with such rules, regulations, and orders. (f) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (g) The contractor will include the provisions of this Section 11-2 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Agency, Washington State Department of Transportation, or Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor, he may request the United States to enter into such litigation to protect the interests of the United States. The Agency further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or Local Government, the above equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government which does not participate in work on or under the contract. The Agency also agrees: (1) To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and rules, regulations, and relevant orders of the Secretary of Labor. (2) To furnish the State such information as it may require for the supervision of such compliance and that it will otherwise assist the State in the discharge of its primary responsibility for securing compliance. (3) To refrain from entering into any contract or contract modification subject to Executive Order, 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction contracts pursuant to the Executive Order. (4) To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the State, Federal Highway Administration, or the Secretary•of Labor pursuant to Part 11, subpart D of the Executive Order. In addition, the Agency agrees that if it fails or refuses to comply with these undertakings, the State may take any or all of the following actions: (a) Cancel, terminate, or suspend this agreement in whole or in part; (b) Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Agency; and (c) Refer the case to the Department of Justice for appropriate legal proceedings. X11. Liquidated Damages The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 630, Subpart 305, as supplemented, relative DOT Form 140-039 Revised 8/95 to the amount of Federal participation in the project cost, shall be applicable in the event the contractor fails to complete the contract within the contract time. Failure to include liquidated damages provision will not relieve the Agency from reduction of federal participation in accordance with this paragraph. X111. Termination for Public Convenience The Secretary of the Washington State Department of Transportation may terminate the contract in whole, or from time to time in part, whenever: (1) The requisite federal funding becomes unavailable through failure of appropriation or otherwise. (2) The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense, or an Executive Order of the President or Governor of the State with respect to the preservation of energy resources. (3) The contractor is prevented from proceeding with the work by reason of a preliminary, special, or permanent restraining order of a court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of persons or agencies other than the contractor. (4) The Secretary determines that such termination is in the best interests of the State. XIV. Venue for Claims and/or Causes of Action For the convenience of the parties to this contract, it is agreed that any claims and/or causes of action which the Local Agency has against the State of Washington, growing out of this contract or the project with which it is concerned, shall be brought only in the Superior Court for Thurston County. XV. Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The approving authority certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit the Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements) which exceed $100,000, and that all such subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification as a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Additional Provisions 4 Tra71 Washington State Department of Transportation Act qb-C61-1-(a) cltocal Agency Agreement Supplement Lbio Agency City of Tukwila Federal Aid Project Number STPUL-1 027(0 04) Agreement Number LA 3418 Supplement Number 1 CFDA No. 20.205 (Catalog of Federal Domestic Assistance) The Local Agency desires to supplement the agreement entered into and executed on October 11, 1996 AH provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Project Description Name Interurban Avenue Bridge Widening Length 0.38 Miles Termini 1,000 feet north of Fort Dent Way to Grady Way/Southcenter Blvd. Description of Work 1E1 No Change Reason for Supplement Obligate construction funding. • Et 71 AUG 1 0 2001 TUKWILA. P' BL1O WORKS, Type of Work (1) Previous Supplement Estimated Total Estimated Agency Estimated ppl Agreement/Suppl.Project Funds Funds , Federal Funds Estimate of Fund ng (2) (3) (4) (5) PE 86.5 % Federal Aid Participation Ratio for PE a. Agency bOther Consultant 133,728.00 . c. Other d. State 5,000.00 e. Total PE Cost Estimate (a+b+c+d) ' 138,728.00 133,728.00 18,053.00 115,675 00 5,000.00 675.00 4,325 00 138,728.00 18,728.00 120,000.00 Right of Way f Agency % g. Other Consu1tant Federal Aid h. Other Participation Ratio for RW i. State j. Total RM/ Cost Estimate (f+g+h+i) Construction k. Contract I. Other Consultant 86.5 % Federal Aid Participation Ratio for CN m. Other n. Other o. Agency p. State q. Total CN Cost Estimate (k+I+m+n+o+p), 965,067.00 143,260.00 965,067.001 130,284.00 834,783.00 143,260.00 19,340.00 123,920.00 1,500.00 1,500.00 203.00 1,297.00 1,109,827.00 1,109,827.00f 149,827.00 960,000.00 1 r. Total Project Cost Estimate (e4j+g) 138,728.00 1,109,827.00 1,248,555.00 168,555.00 I 1,080,000.00 The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of the Federal funds obligated, it accepts and will comply with the applicable provisions. Agency qfficial Washington State Department of Transportation By Title ayor DOT Form 140-041 EF Revised 4/2000 By Assistant Secretary for Highways and Local Programs Date Executed ,JUL 2 6 2001 Washington State VW Department of Transportation AGENCY yG_ DSS Local Agency Agreement Agency City of Tukwila Dept. of Public Works Address 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188 Project No. _- S-7) 571" U.L. - 1 e1.2. --t (0o4) Agreement No. \ e' For Headquarters WSDOT use only. The Local Agency having complied, or hereby agreeing to comply, with the terms and conditions set forth in (1) Title 23, U.S. Code Highways, (2) the regulations issued pursuant thereto, (3) Office of Management and Budget Circulars A-102 and A-128, (4) the policies and procedures promulgated by the Washington State Department of Transportation, and (5) the federal aid project agreement entered into between the State and Federal Government, relative to the above project, the Washington State Department of Transportation will authorize the Local Agency to proceed on the project by a separate notification. Federal funds which are to be obligated for the project may not exceed the amount shown herein on line s, column 3, without written authority by the State, subject to the approval of the Federal Highway Administration. All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency. Project Description Name Length Avenue Bridge Widening Length 0.38 Termini 1000 feet north of Fort Dent Way to Grady Way/Southcenter Blvd. Description of Work : Design and construct widening Interurban Avenue including existing bridge to provide additional northbound left turn lane to I405 southbound on ramp for HOV only. The project improvements include roadway and bridge widening, paving, curb and gutter, sidewalk, drainage, illumination, pavement markings and symbols, signing, landscaping, traffic signal modifications, and extension of 12 inch water main. Type of Work Estimate of Funding (1) Estimated Total Project Funds (2) Estimated Agency Funds (3) Estimated Federal Funds PE a. Agency work b. Other Consultant 133.,1.28 5,000 18.053 675 115.,.6.75 4,325 c. State services d. Total PE cost estimate (a+b+c) 138,728 18,728 120,000 Right of Way e. Agency work f. Other g. State services h. Total R/W cost estimate (e+f+g) 0 0 0 Construction i. Contract j. 965/067 965,067 130,284 . . 30, 284 ,, " 834,783 834,783 kther . Other 1. Other m. Total contract costs (i+j+k+1) Construction Engineering n. Agency o. Other Consultant 143,260 1, -t. 19,340 203 123,920 1,297 p. State forces q. Total construction engineering (n+o+p) r. Total construction cost Estimate (m+q) 0-4,760 19r543 217 ,109, 827 149,827 960,00 . s. Total cost estimate of the project (d+h+r) 1/2483St145 t%,12B 1,000,066°' 1GO,f7; *Federal participation in construction engineering (q) is limited to 15 percent of the total contract costs (line m, column 3). The federal aid participation rate in this project will be determined by the Federal Government. The parties expect that it will be 86.5 percent; however, it is understood that the rate may vary. The Local Agency agrees that this agreement is entered into without relying upon any representation by the state made outside of this contract, or contained herein, as to what the federal participation rate will be. It further agrees that it will not condition any future actions with respect to the project covered by this agreement upon past, current, or future representations as to the federal participation rate. The dollar amount of federal participation cannot exceed the amount shown in line s, column 3. All costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency. DOT Form 140-039 Revised 8/95 Construction Method of Financing (check method selected) State Ad and Award O Method A — Advance Payment — Agency share of total construction cost (based on contract award) O Method B — Withhold from gas tax the Agency's share of total construction cost (line 4, column 2) in the amount of $ at $ per month for months Local Force orLocal Ad and Award Method C — Agency cost incurred with partial reimbursement The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condition to payment of the federal funds obligated, it accepts and will comply with the applicable provisions set forth below. Adopted by official action on ,19 , Resolution/Ordinance No. Agency Official By W. Hants, Mayor C±y of Tukwila Provisions 1. Scope of Work The Agency shall provide all the work, labor, materials, and services necessary to perform the project which is described and set forth in detail in the "Project Description" and "Type of Work." When the State acts for and on behalf of the Agency, the State shall be deemed an agent of the Agency and shall perform the services described and indicated in "Type of Work" on the face of this agreement, in accordance with plans and specifications as proposed by the Agency and approved by the State and the Federal Highway Administration. When the State acts for the Agency but is not subject to the right of control by the Agency, the State shall have the right to perform the work subject to the ordinary procedures of the State and Federal Highway Administration. Il. Delegation of Authority The State is willing to fulfill the responsibilities to the Federal Government by the administration of this project. The Agency agrees that the State shall have the full authority to carry out this administration. The State shall review, process, and approve documents required for federal aid reimbursement in accordance with federal requirements. If the State advertises and awards the contract, the State will further act for the Agency in all matters concerning the project as requested by the Agency. If the Local Agency advertises and awards the project, the State shall review the work to ensure conformity with the approved plans and specifications. 111. Project Administration Certain types of work and services shall be provided by the State on this project as requested by the Agency and described in the Type of Work above. In addition, the State will furnish qualified personnel for the supervision and inspection of the work in progress. On Local Agency advertised and awarded projects, the supervision and inspection shall be limited to ensuring all work is in conformance with approved plans, specifications, and federal aid requirements. The salary of such engineer or other supervisor and all other salaries and costs incurred by State forces upon the project will be considered a cost thereof. All costs related to this project incurred by employees of the State in the customary manner on highway payrolls and vouchers shall be charged as costs of the project. IV. Availability of Records All project records in support of all costs incurred and actual expenditures kept by the Agency are to be maintained in accordance with procedures prescribed by the Division of Municipal Corporations of the State Auditor's Office, the U.S. Department of Transportation, and the Washington State Department of Transportation. The records shall be open to inspection by the State and Federal Government at all reasonable times and shall be retained and made available for such inspection for a period of not less than three years from the final DOT Form 140-039 Revised 8/95 2 Washington State Department ofTransportation By / , Assistant Secretary for ransAid OCT 1 1996 Date Executed payment of any federal aid funds to the Agency. Copies of said records shall be furnished to the State and/or Federal Government upon request. V. Compliance with Provisions The Agency shall not incur any federal aid participation costs on any classification of work on this project until authorized in writing by the State for each classification. The classifications of work for projects are: 1. Preliminary engineering up to and including approval. 2. Preparation of plans, specifications, and estimates. 3. Right of way acquisition. 4. Project construction. In the event that right of way acquisition, or actual construction of the road, for which preliminary engineering is undertaken is not started by the closing of the tenth fiscal year following the fiscal year in which the agreement is executed, the Agency will repay to the State the sum or sums of federal funds paid to the Agency under the terms of this agreement (see Section VIII). The Agency agrees that all stages of construction necessary to provide the initially planned complete facility within the limits of this project will conform to at least the minimum values set by approved statewide design standards applicable to this class of highways, even though such additional work is financed without federal aid participation. The Agency agrees that on federal aid highway construction projects, the current federal aid regulations which apply to liquidated damages relative to the basis of federal participation in the project cost shall be applicable in the event the contractor fails to complete the contract within the contract time. VI. Payment and Partial Reimbursement The total cost of the project, including all review and engineering costs and other expenses of the State, is to be paid by the Agency and by the Federal Government. Federal funding shall be in accord with the Internodal Surface Transportation Efficiency Act 1991, Title 23, United States Code, as amended, and Office of Management and Budget circulars A-102 and A-128. The State shall not be ultimately responsible for any of the costs of the project. The Agency shall be ultimately responsible for all costs associated with the project which are not reimbursed by the Federal Government. Nothing in this agreement shall be construed as a promise by the State as to the amount or nature of federal participation in this project. 1. Preliminary Engineering, Right of Way Acquisition, and Audit Costs The Agency will pay for Agency incurred costs on the project. Following such payments, vouchers shall be submitted to the State in the format prescribed by the State, in quadruplicate, not more than one per month. The State will reimburse the Agency up to the amount shown on the face of this agreement for those costs eligible for federal participation to the extent that such costs are directly attribut- able and properly allocable to this project. Expenditures by the Local Agency for the establishment, maintenance, general administration, supervision, and other overhead shall not be eligible for federal participation. The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government for reimbursement of those costs eligible for federal participation to the extent that such costs are attributable and properly allocable to this project. The State shall bill the Agency for that portion of State costs which were not reimbursed by the Federal Government (see Section VIII). 2. Project Cons tructionCosts Project construction financing will be accomplished by one of the three methods as indicated in this agreement. Method A — The Agency will place with the State, within (20) days after the execution of the construction contract, an advance in the amount of the Agency's share of the total construction cost based on the contract award. The State will notify the Agency of the exact amount to be deposited with the State. The State will pay all costs incurred under the contract upon presentation of progress billings from the contractor. Following such payments, the State will submit a billing to the Federal Government for the federal aid participation share of the cost. When the project is substantially completed and final actual costs of the project can be determined, the State will present the Agency with a final billing showing the amount due the State or the amount due the Agency. This billing will be cleared by either a payment from the Agency to the State or by a refund from the State to the Agency. Method B — The Agency's share of the total construction cost as shown on the face of this agreement shall be withheld from its monthly fuel tax allotments. The face of this agreement establishes the months in which the withholding shall take place and the exact amount to be withheld each month. The extent of withholding will be confirmed by letter from the State at the time of contract award. Upon receipt of progress billings from the contractor, the State will submit such billings to the Federal Government for payment of its participating portion of such billings. Method C — The Agency may submit vouchers to the State in the format prescribed by the State, in quadruplicate, not more than once per month for those costs eligible for Federal participation to the extent that such costs are directly attributable and properly allocable to this project. Expenditures by the Local Agency for the establishment, maintenance, general administration, supervision, and other overhead shall not be eligible for Federal participation. The State shall reimburse the Agency for the Federal share of eligible project costs up to the amount shown on the face of this agreement. At the time of audit, the Agency will provide documentation of all costs incurred on the project. The State shall bill the Agency for all costs incurred by the State relative to the project. The State shall also bill the Agency for the federal funds paid by the State to the Agency for project costs which are subsequently determined to be ineligible for federal participation (see Section VIII). VII. Audit of Federal Aid Project The Agency, if services of a consultant are required, shall be responsible for audit of the consultant's records to determine eligible federal aid costs on the project. The report of said audit shall be in the Agency's files and made available to the State and the Federal Government. An audit shall be conducted by the WSDOT Internal Audit Office in accordance with generally accepted governmental auditing standards as issued by the United States General Accounting Office by the Comptroller General of the United States; WSDOT Directive D27-50, Consultant Authorization, Selection, and Agreement Administration; memoranda of understanding between WSDOT and FHWA; and Office of Management and Budget Circular A-128. If upon audit it is found that overpayment or participation of federal money in ineligible items of cost has occurred, the Agency shall reimburse the State for the amount of such overpayment or excess participation (see Section VIII). VIII. Payment of Billing The Agency agrees that if payment or arrangement for payment of any of the State's billing relative to the project (e.g., State force work, project cancellation, overpayment, cost ineligible for federal DOT Form 140-039. Revised 8/95 3 participation, etc.) is not made to the State within 45 days after the Agency has been billed, the State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to the Agency from the Motor Vehicle Fund. No additional Federal project funding will be approved until full payment is received unless otherwise directed by the Assistant Secretary for TransAid. IX. Traffic Control, Signing, Marking, and Roadway Maintenance The Agency will not permit any changes to be made in the provisions for parking regulations and traffic control on this project without prior approval of the State and Federal Highway Administration. The Agency will not install or permit to be installed any signs, signals, or markings not in conformance with the standards approved by the Federal Highway Administration and MUTCD. The Agency will, at its own expense, maintain the improvement covered by this agreement. X. Indemnity The Agency shall hold the Federal Government and the State harmless from and shall process and defend at its own expense all claims, demands, or suits, whether at law or equity brought against the Agency, State, or Federal Government, arising from the Agency's execution, performance, or failure to perform any of the provisions of this agreement, or of any other agreement or contract connected with this agreement, or arising by reason of the participation of the State or Federal Government in the project, PROVIDED, nothing herein shall require the Agency to reimburse the State or the Federal Government for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Federal Government or the State. No liability shall attach to the State or Federal Government except as expressly provided herein. XI. Nondiscrimination Provision The Agency hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the rules and regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee or understanding pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: "DURING THE PERFORMANCE OF THIS CONTRACT, THE CONTRACTOR AGREES AS FOLLOWS:" (a) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation, and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Agency setting forth the provisions of this nondiscrimination clause. (b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. (c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Agency advising the said labor union or workers' representative of the contractor's commitments under this Section 11-2 and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (e) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules and regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Federal Highway Administration and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (f) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1%5, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (g) The contractor will include the provisions of this Section 11-2 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Agency, Washington State Department of Transportation, or Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor, he may request the United States to enter into such litigation to protect the interests of the United States. The Agency further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or Local Government, the above equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government which does not participate in work on or under the contract. The Agency also agrees: (1) To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and rules, regulations, and relevant orders of the Secretary of Labor. (2) To furnish the State such information as it may require for the supervision of such compliance and that it will otherwise assist the State in the discharge of its primary responsibility for securing compliance. (3) To refrain from entering into any contract or contract modification subject to Executive Order, 11246 of September 24, 1%5, with a contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction contracts pursuant to the Executive Order. (4) To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the State, Federal Highway Administration, or the Secretary -of Labor pursuant to Part II, subpart D of the Executive Order. In addition, the Agency agrees that if it fails or refuses to comply with these undertakings, the State may take any or all of the following actions: (a) Cancel, terminate, or suspend this agreement in whole or in part; (b) Refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Agency; and (c) Refer the case to the Department of Justice for appropriate legal proceedings. XII. Liquidated Damages The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 630, Subpart 305, as supplemented, relative DOT Form 140-039 Revised 8/95 to the amount of Federal participation in the project cost, shall be applicable in the event the contractor fails to complete the contract within the contract time. Failure to include liquidated damages provision will not relieve the Agency from reduction of federal participation in accordance with this paragraph. XIII. Termination for Public Convenience The Secretary of the Washington State Department of Transportation may terminate the contract in whole, or from time to time in part, whenever: (1) The requisite federal funding becomes unavailable through failure of appropriation or otherwise. (2) The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense, or an Executive Order of the President or Governor of the State with respect to the preservation of energy resources. (3) The contractor is prevented from proceeding withthe work by reason of a preliminary, special, or permanent restraining order of a court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of persons or agencies other than the contractor. (4) The Secretary determines that such termination is in the best interests of the State. XIV. Venue for Claims and/or Causes of Action For the convenience of the parties to this contract, it is agreed that any claims and/or causes of action which the Local Agency has against the State of Washington, growing out of this contract or the project with which it is concerned, shall be brought only in the Superior Court for Thurston County. XV. Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying The approving authority certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit the Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements) which exceed $100,000, and that all such subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification as a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Additional Provisions 4