HomeMy WebLinkAbout05-19-2003 Item VIII-A-5CITYOF
WASHINGTON
AGENDA BILL APPROVAL FORM
Aqenda Subject
Date:
Ordinance No. 5760
May 14, 2003
Department:
Attachments: Map, Ordinance
Budget Impact:
Public Works
No. 5760, Local Agency Agreement
$ 7,559.00
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 5760.
Background Summarv:
Ordinance No. 5760 authorizes the Mayor to sign a Local Agency Agreement with the Washington State
Department of Transportation, approving Federal funds for Project No. PR529F, 'A' Street SW Loop.
Approval of this ordinance will initiate the third and last phase of the 3rd Street SW Grade Separation
Project. It includes the completion of the design and construction of a connection road between A Street
SW and S Division Street, south of 3rd Street SW ('A' Street SW Loop). This will complete the re-
configuration of the SR -18 westbound ramp interchange with both C Street SW and 3rd Street SW. The
A Street Loop road will also complete the connection of the 3rd Street project to the Regional Transit
Center located adjacent to the project. This phase assists in providing multiple accesses to this
interchange.
The funds are from a Federal TEA -21 Surface Transportation Program grant for $299,977 which requires
matching funds of $130,023. The Ordinance obligates an initial design amount for $17,441 in Federal
funds with a local match of $7,559. This Ordinance will be supplemented in the future for the remaining
difference of $282,536 in TEA -21 funds and $112,582 in local funds when construction is ready to
commence. It is anticipated that construction will begin in Summer 2004.
W0519-9
04.9.1 PR 529F, F5.2.15
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O
❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks
❑ Human Services ❑ Planning & CD ❑ Fire E3 Planning
El Park Board ®Public Works ❑ Human Resources El Police
❑ Planning Comm. ❑ Other ® Legal ® Public Works
Action:
Committee Approval: ❑Yes []No
Council Approval: ❑Yes []No Call for Public Hearing
Referred to Until
Tabled Until ! /
Councilmember: Wagner Staff: Dowd
Meeting Date: May 19, 2003 Item Number: VIII.A.5
MBURN MORE THAN YOU IMAGINED
Bill. P -� I \�'
1 B uIr
VICINITY MAP
PR5299 3RD STREET SW GRADE SEPARATION PROJECT
PHASE 3 - A STREET LOOP
ORDINANCE NO. 5 7 6 0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND
CITY CLERK TO SIGN A LOCAL AGENCY AGREEMENT
BETWEEN THE CITY AND THE WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION, APPROVING SURFACE
TRANSPORTATION PROGRAM GRANT FUNDS. TO DESIGN
ROAD IMPROVEMENTS BETWEEN 'A' STREET SW AND
SOUTH DIVISION STREET, NEAR THE REGIONAL TRANSIT
CENTER.
WHEREAS, the City of Auburn has received a Federal TEA -21 Surface
Transportation Program grant in the amount of $299,997 for the design and
construction of PR529, 3rd Street SW Grade Separation Project, Phase 3, 'A'
Street SW Loop; and
WHEREAS, the City Council of the City of Auburn must adopt and
approve all appropriations by Ordinance pursuant to Chapter 35A.33 RCW;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Pursuant to Chapter 35A.33 RCW, the City Council hereby
approves the appropriation and expenditure of federal TEA -21 Surface
Transportation Program funds in the amount of $299,977 for the 'A' Street SW
Loop Project, with local matching funds of $130,023 from the City of Auburn
102 Unrestricted Streets Fund. The Mayor and City Clerk are hereby
authorized to execute the Local Agency Agreement with the Washington State
Ordinance No. 5760
May 7, 2003
Page 1
Department of Transportation to obligate the amount of $17,441 for the design
phase of the project, a copy of which is attached hereto as Exhibit "A" and is
incorporated herein by reference. The Mayor and City Clerk are also
authorized to approve and execute any future supplemental agreements
thereto required for completion of the project including, but not limited to,
design and construction to the total amount of $299,997 in federal funds.
Section 2. CONSTITUTIONALITY OR INVALIDITY: If any section,
subsection, clause, phrase, or sentence of this Ordinance, is for any reason
held to be invalid or unconstitutional, such invalidity or unconstitutionality of the
remaining portions of this ordinance, as it is being hereby expressly declared
that this ordinance and each section, subsection, clause, phrase, or sentence,
hereof would have been prepared, proposed, adopted, and approved and
ratified irrespective of the fact that any one or more section, subsection, clause,
phrase, or sentence, be declared invalid or unconstitutional.
Section 3. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directions of
this legislation. -
Section 4. This ordinance shall take effect and be in force five (5) days
from and after its passage, approval, and publication, as provided by law.
Ordinance No. 5760
May 7, 2003
Page 2
INTRODUCED:
PASSED:
APPROVED:
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
4
baa
el B. H
City Attorney
PUBLISHED:
Ordinance No. 5760
May 7, 2003
Page 3
PETER B. LEWIS
MAYOR
A►
�Washington State Local Agency Agreement
TI/ Department of Transportation
Agency City of Auburn Project No.
Address 25 West Main Street Agreement No.
Auburn, WA 98001 For OSC 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
3rd Street SW Grade Separation Phase III- `A' Street SW Loop Project
Termini Crossroad of 2nd Street SW, and 3rd Street SW / Division Street Intersection
Length .2 miles
Description of Work
Complete the last phase of the 3rd Street SW Grade Separation Project by connecting `A' Street SW and South
Division Street, south of 3rd Street SW. This will complete the re -configuration of the SR 18 westbound ramp
interchange with both `C' Street SW and 3rd Street SW, and connect 3rd Street project to the Regional Transit Center.
Type of Work
Estimate of Funding
(�) Estimated Total Estimated EstAgency
Project Funds Funds
Estimated
Federal Funds
PE a. Agency Work
b. Other
c. State Services
23,000.00
6,959.00
16,041.00
0.00
2,000.00 600.00
1,400.00
d. Total PE Cost Estimate (a+b+c)
25,000.00
7,559.00
17,441.00
Right of Way e. Agency Work
f. Other
g. State Services
h. Total R/W Cost Estimate (e+f+g)
Construction i. Contract
j. Other
k. Other
I. Other
m. Total Contract Costs (i+j+k+l)
Construction Engineering
n. Agency Work
o. Other
p. State Forces
q. Total Construction Engineering (n+o+p)
r. Total Construction Cost Estimate (m+q)
s. Total Project Cost Estimate (d+h+r)
25,000.00
7,559.00
17,441.00
'Federal participation In construction engineering tql is umnea io,o perue- yr u1e ww1 wua.aa.a wale X.......1, UW.W1111 91.
The federal aid participation rate in this project will be determined by the Federal Government. The parties expect that it will be 70
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 EF
Revised 5197
Construction Method of Financing (Check Method Selected)
State Ad and Award
❑ Method A - Advance Payment - Agency Share of total construction cost (based on contract award)
❑ Method B - Withhold from gas tax the Agency's share of total construction cost (line 4, column 2) in the amount of
at $
Local Force or Local Ad and Award
® Method C - Agency cost incurred with partial reimbursement
Agency Official
By
Title
Provisions
I. Scope of Work
per month for
months.
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
May 19 1 2003 , Resolution/Ordinance No.
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
"rype 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.
III. 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
DOT Form 140-039 EF
RevmW SW
Washington State Department of Transportation
By
Assistant Secretary for TransAid
Date Executed
years from the final 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 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 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).
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 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).
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 D 27-50, 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 Vill).
DOT Form 140.039 EF
Revised 5/97
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 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 tare allotments to
the Agency from the Motor Vehicle Fund. No additional Federal proj ect funding
will be approved until full payment is received unless otherwise directed the 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 pemrait to be
installed any signs, signals, or markings not in conformance with the standards
approved by the Federal Highway Administration and MUTCD. The ^gency 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.
M In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or with any 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 bylaw.
(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 H, 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.
DOT Form 140-039 EF
Revised 5/97
XII. 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.
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 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