R2011-08 AUTHORIZING EXECUTION OF AN AMENDED CAPITAL ASSISTANCE GRANT AGREEMENT

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CAP-10-962 ARRA, Contract No. 4021 ITEM 34-CONSTRUCTION CONTRACTS If construction contracts are to be implemented using assistance from this Agreement, the following additional provisions apply to the Grantee and the Grantee's third party construction contracts: A. Seismic Requirements-The Grantee agrees to comply with the Earthquake Hazards Reduction Act of 1977, as amended, 42 U.S.C. §§ 7701 et seq., Executive Order No. 12699, "Seismic Safety of Federal and Federally-Assisted or Regulated New Building Construction,"42 U.S.C. §§ 7704 note, and with DOT regulations, "Seismic Safety,"49 CFR Part 41, during the construction of new buildings or additions to existing buildings. B. Contract Securitv-The Grantee agrees to follow the requirements of 49 CFR Part 18.36(h), and FTA guidelines with regard to bid guarantees and bonding requirements. C. Lipuidated Damaqes- If appropriate, the Grantee agrees to include a clause providing for liquidated damages for delay in its third party contracts for construction. Liquidated damages clauses are appropriate if the parties may be reasonably expected to suffer damages (such as increased costs of the Project involved)from the late completion of the construction and the extent or amount of such damages would be difficult or impossible to determine. The assessment for damages shall be at a specific rate per day for each day of overrun in contract time, and the rate must be specified in the third party contract. Any liquidated damages recovered shall be credited to the Project account involved unless the Government expressly agrees otherwise. The Grantee agrees that proportionate shares of all liquidated damages assessed under this Agreement shall be credited to the state and federal governments in amounts equivalent to the percentages of the Project funded by each, and the Grantee shall be credited a proportionate share of the liquidated damages in an amount equivalent to the percentage of the Project funded by the Grantee. D. Safety Standards- Pursuant to Section 107 of the Contract Work Hours and Safety Standards Act and Department of Labor regulations, "Safety and Health Regulations for Construction"29 CFR Part 1926, no laborer or mechanic working on a construction contract shall be required to work in surroundings or under working conditions that are unsanitary, hazardous, or dangerous to his or her health and safety as determined under construction and health standards promulgated by the Secretary of Labor. E. Sians-The Grantee agrees to cause to be erected at the site of construction, and to maintain during construction, signs satisfactory to FTA identifying the Project and indicating that the Government is participating in the development of the Project. In the event that the Project is funded by the American Recovery and Reinvestment Act(ARRA) of 2009, Pub. L. No. 111-5, February 17, 2009, the Grantee agrees to cause to be erected or placed on the Project a sign identifying the Project as funded by ARRA. The Grantee shall follow the DepartmenYs guidelines and ensure that the sign is satisfactory to the Department, including but not limited, to placing the sign for maximum public identification of the Project, maintaining the sign in good condition until completion of the Project, and removing the sign upon completion of the Project. F. Proiect Management for Maior Capital Projects-To the extent applicable, the Grantee agrees to comply with FTA regulations, "Project Management Oversight,"49 CFR Part 633, and any amendments thereto and with FTA Circular 5800.1, "Safety and Security Management Guidance for Major Capital Projects", August 1, 2007. ITEM 35-LABOR PROVISION State/Federa!Capita!Grant Page 33