HomeMy WebLinkAbout4848 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
ORDINANCE NO. 4 8 4 8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, APPROVING FEDERAL ISTEA GRA/qT FUNDS WITH LOCAL
MATCHING FUNDS AS PROVIDED IN THE LOCAL AGENCY AGREEMENT
BETWEEN THE CITY AND THE WASHINGTON STATE DEPARTMENT OF
TP~ANSPORTATION FOR RESURFACING AND REPAIRING ARTERIAL STREETS.
WHEREAS, the City Council of the City of Auburn must
adopt and approve all appropriations by Ordinance pursuant to
Chapter 35A.33 RCW; and
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO
ORDAIN AS FOLLOWS:
~ Pursuant to Chapter 35A.33 RCW, the City
Council hereby approves the expenditure and appropriation of
Federal ISTEA Preservation Funds in the amount of $433,882
with local matching funds of $108,471 from the 102 Gas Tax
Fund for resurfacing and repairing arterial streets. The
Mayor and City Clerk are hereby authorized to execute the
Local Agency Agreement between the City and the Washington
State Department of Transportation approving said Agreement, a
copy of which is attached hereto as Exhibit 'A" and is
incorporated herein by reference. The Mayor arid City Clerk
Ordinance No. 4848
March 21, 1996
Page 1
1
2
3
4
5
6
?
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
are also authorized to approve and execute any future
supplemental agreements thereto required for completion of
phases of the project including but not limited to design,
right-of-way, and construction.
~ The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
~e~Ltgll_~_, This Ordinance shall take effect and be in
force five (5) days from and after its passage, approval and
publication, as provided by law.
INTRODUCED:
PASSED:
APPROVED:
CHARLES A. BOOTH
MAYOR
Ordinance NO. 4848
March 21, 1996
Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
ATTEST:
Robin Wohlhueter,
City Clerk
Michael J. ~Reynolds,
City Attorney
Published: .~/~
Ordinance No. 4848
March 21, 1996
Page 3
~T
LOC~AT]ON
PAVEMENT RESTORATION
CITY OF AUBURN
PUBLIC WORKS
Engineering Division
0 R. I G I N A L GENCY
Washingtott State
Ddpartment of ~ansportation
Local Agency Agreement
City of Auburn
Agency
Address
Project No. P- ~W~LkN-.--[Ac~(~ (0~/3
25 W Mai n Agreement .o. ~~
A u b u r n W A 9 8 {3 01 - 4 9 9 8 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 ~, U.S. Code Highways, (2)
the regulations issued pursuant thereto, (3) Office of Management and Budget Circulars A-102 and A-128, (4) the polici~m 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 Deparh~ent of Tramportalion will authorize the Local Agency to
proceed on the project by a separate notification. Federal timds 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 Deccriptlon
Name City Ri-rarer. PvPqmvvmi'imn/~i~r~t ~Phahilii'.mi'inqLength
Termini
Description ~Work Maintenance overlay and channelization will be constructed
on the following streets as a part of the program:
15th NE from Auburn Way N to "A" St. NE
Auburn Way N from 15th NE to approximately 30th NE
'IA" St. SE from 6th SE to Stuck River - repair and spot overlay
Oravetz Rd from City Park to Kersey Way
Estimate of Funding
Type of Work
EstimatedTotal Estimated Estimated
Project Funds AgencyFunds Federal Funds
~ a. Agency work ........ ~ .0. a... ,(~.' ........................... .4..,.Q.0~.. .............................
1..6.?..p.O~... ...........
b. Other ...........................................................................................
: ................................
c. State services ~ {~ {~ 1 {~ 0 /1 O fl
d. Total PE cost estimate (a+b+c) 2 0 ;~ SOO 4, ~0 iOO 1 6, u u u '-/~O,
~'dght of Way e. Agency work .................. Q ......................... .Q .................................... .0..
f. Other
g. State services
h. Total R/W cost estimate (e+f+g) 0 0 0
Consllllctinn i. Contract .... ~.~.]t.a.~.~. ........................... ~.~a.~./..J.. ....................... 4.~.~.1..~.~.~.
............
j. Other ...............................................................................................................................
k. Other
1. Other
m. Total contract costs (i+j+k+l) '"'~'9'i';'8'5'5 ........................... 9'~'~'5'~'~' ........................ ~'9'5 ~"~'8'~
.............
Canstmai~ Engineering
n. Agency ....... g.9.~.QQ.Q] ............................. ~..~.~,.QQ .......................... ............
o. Other
p. State forces/4 ~ 000 800 3 ~ 200
q. Total construction engineering (n+o+p) q 0
r. Total construction cost Estimate (m+cl) ~/
s. Totalcostestimatoofth~project (d+h+r) 542,353 108,471 433,882
*Federal p arlicipation in cons h-uction engineering (q) is limlte d to lS p ~rcen t o f th e to tal con tract costs (llne m, co lumn a ).
The fede.ral aid participation rate in this.project will be determined by the Federal Government. The parties expect that it will be ~ {3 ~
percent; no~ev, er, l. tis understood that the rate may vary. The Local Agency agrees that this agreement is entered into without relying upon any
representahon oy the state made outside of this contract, or contained hereto, as to what the federal participation rate will be. It further agrtms
tmoat~ ~ ngt confl!ho9 any futu~re a.c~.o, ns w,th respect to the project cgvered by this agreement upon past..c~'?, nt. or f~itur, representations as
· , e~er.a.l pg. rti~pa, tio.n r~ate, t ne Collar amount of federal Eartiopahon cannot exceed the amount shown m line s, column 3. All costs not
rmmoursea oy me reaeral k,overnment shall be the responsibility of the Local Agency.
Construction Method of Financing
S tare Ad and Award
/~ Method A-- Advance Payment-- Agency share ot total construction cost (based on contract award)
~ Meth~dB_Withh~ldfr~mgestaxtheAgency'sshare~tota~c~nstrucii~nc~st(line4,c~lumn2~intheam~unt~i
$ at $ per month for months
Local Force or Local Ad and Award
X~ 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 innd,s obligated, it accep~ and will compl y,,~iJ/l the applicable provisions set forth helot. Adodted by official action
/.
Agency Official
, i
pr~ City Attorney
I, Scope of Wo~
~e Agem~ ~ provide ~ the wor~ labor, ma~,
~ m~as~a~ to ~effo~ ~e ~ w~ ~ d~b~
~o~ ~ deta~ ~ the "~j~ Dm~p~o~" and '?~e o~ Wosk."
~ ~e Stato m~ for a~d o~ beha~ o{ ~e A~, ~e 5tare
~hail ~ d~m~ an age~ nf ~e A~ and ~l peffo~ ~e ~e~c~
d~d6~ ~d ~dka~ed ~ "T~e nf Work" on ~e ~ace nf
the ~e~ ~d app~ by ~e 5tste ~d ~e ~erai
Adulator.
~ ~e 5~ate a~ for ~e ABen~ bu~ ~ ~o~ ~ubj~ to ~e
work ~ubj~ to ~e o~ pmc~ nf ~e State ~d
II, Del~atl~ ~ Author~
~o~ ~ for ~ederai aid ~b:~m~t ~ acco~ce with
~em] ~m~. ~ ~e ~ta~ ad~e~ and awar~ the con~a~,
the Stete w~l ~e~ a~ fo~ ~e A~ ~ all ma~e~ comce~B ~e
pro}~ as ~ues~ b~ the A~em~. I~ ~e ~aI A~n~ ~d~e~ and
award~ ~e p~oj~, ~e ~tate ~ha~ ~ew ~e work to e~
Iff. ~oJect Adminlm~atlon
Ce~ain ~es of work and ~ic~ shall be pro~d~ by ~e State
on t~ p~t as ~qu~t~ by ~e A~n~ and d~b~ ~ ~e T~e
of Work above. ~ adffi~on, ~e S~te w~ ~h qu~ifi~ pe~o~el
for ~e supe~ision ~d ~pechon of ~e work ~ pwg~s. ~ L~I
~n~ adve~ ~d award~ pmj~, ~e supe~ision ~d
~p~ion s~ll be l~it~ to em~g all work ~ ~ color,ce wi~
appwv~ pl~s, sp~ifica~om, ~d f~eral aid mquirem~. ~e
~ of su~ enter or o~er supe~r ~d all o~er ~ ~d
cos~ ~ by State for~s upon ~e p~ will be comide~ a cost
ther~f. ~1 costs m~t~ to ~ proj~ ~ by ~ploy~ of
Sta~ m the ~toma~ ma~er on hi,way pa~olls ~d vouchem s~ll
be char~ as cos~ of ~e pmj~.
All p~e~ ~s ~ suppo~ of aR costa ~ ~d a~al
e~di~ kept by the Agen~ a~ to be ma~ ~ a~o~ance
with pr~ pr~b~ by the Dillon of M~idpal Co~ora~om
of ~e S~te Auditor's Office, the U.S. ~pa~ent of T~po~ation,
and ~e Wash~on State ~pa~ent of Tra~po~ation. ~e r~o~s
shall be o~n to ~p~on by the State ~d F~eral Gove~ent at all
reachable ~es ~d sha~ be ~ta~ed and made ava~able for su~
~p~fion ~r a period of not le~ ~ thee yea~ from the f~al
Washington State Department of Transportation
payment of any federal aid fisnds to the Agency. Copies of said
records shall be furmshed 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 dassificafion of work on this project matil 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. Preparal/on of plaos, specifications, and estimates.
3. Right o f way acquisition.
4. Project const~cfion.
in the event that fight 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 coostruction necessary to
provide the initially planned complete facility within the limits of this
project will conform to at least the mimmum values set by approved
statewide design standards applicable to this class of highways, even
though such additional work is financed without federal aid
partidpation.
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 part/cipallon in the project
cost shall be applicable in the event the contracior fails to complete
the contract within the contract time.
VI. Payment and Partial Reimbursement
The total cost of the project, including al] review and
engineering costs and other expemes of the State, is to be paid by the
Agency and by the Federal Government. Federal funding shall be in
accord with the Intormodal 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 rasponsible 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 cormtrued as a promise by the State
as to the amount or nature of federal participation in this project.
1. Prelimtha~ Engtheer/ng, Right o f 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
DOT Form 1404)39
amount shown on ~he face of this ag~ement for those costs eligible for
federal participation to the extent that such costs are directly attribut-
able and properly allocable to this project. ExpundRur~ 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
r~imbursement of thos~ 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 VRI).
2. Proj eot 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 allnimentsd The face of this agreement establishes the months
in winch 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
Vii. A.dlt 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 Ag~ement
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 VIH).
¥111. Pnm~t ~ SIIIIng
The Agency ag~es 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
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 f'tom the regular monthly fuel tax allotments to the
Agency from the Motor Vehicle Fund. No additional Federal project
banding will be approved until full payment is received unless
otherwise directed by the Assistant ~ecretary for Tran~Aid.
IX. Traffic Control, Signing, Marking, and Roadway
Malntlnence
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, m~sing from the Agency's
execution, performance, or failure to perform any of the provisions of
this ag~.ment, or of any other ageeement or contract co~.qected with
this agreement, or arising by reason of the participation of the State or
Federal Government in the project, PROVIDBD, nothing herein shall
t~luire 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 Pederal 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 constructinn work, or modification
thereof, as defined in the rules and regulatior~ 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 Govermnent or borrowed on the
credit of the Federal Government pursuant tca grant, contract, loan,
insurance, or guarantee or understanding pm'suant 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, co]or, religion, sex, or
national origin. The contractor will take affirmative action to ensure
that applicants are employed and that empfoyees 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, demotior~ 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 Ln 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 consideratior 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 commiteaents 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 ail 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 infommtion 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
roles, regu/ations, and orders.
(0 In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or with any of such rules,
mgutatinns 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.Ageancy 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 ~o 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 dauee and rules, regulations, and relevant orders of the
Secretary of Labor.
(2) To furnish the State such information es 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 violahon 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
(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.
IlL Liquidated Damages
The Agency hereby agrees that the liquidated damages
provisions of 23 CFR Part 630, Subpart 305, as supplemented, relative
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.
Xlll. Termination for Public Convenience
The Secretary of the Washington State Department of
Transportation may terminate the contract irt 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 defeme, or an
Executive Order of the President or Governor of the State with respect
(3) The contractor is prevented from proceeding with the work
by mason of a preliminary, spedal, 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
(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.
IV. Certification' Regarding the Resl:rlctlons 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 connechon with the
awarding of any federal contract, the malong 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) II 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 subredpients 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 certifica fic.n 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