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AG 00-110 O~TE IN: ' I DATE OUT: )1{Lf1v/ t~Y) I TO:-rJj ff.' .-Pry -C[i!~:þl Æ( be;. L ~ ! / CITY OF FEDERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATIONIDOCUMENT REVIEW/SIGNATURE ROUTING BLIP 1. ORIGINATING DEPT ./DIV .: PVV - Siyc(!i~ 2. ORIGINATING STAFF PERSON: rVL~rYv (l y) EXT/I tf.1 ~ 3. DATE REG. By: 4. TYPE OF DOCUMENT RECilUESTEO [CHECK ONE]: 0 PROFESSIONAL SERVICE AGREEMENT 0 SECURITY DOCUMENT 0 MAINTENANCEILABOR AGREEMENT [E.G., A"REEMENT & PERFIMAIN BDND; AseIIlNMENT ClF FUND" IN LIEU OF BONO] 0 PUBLIC WORKS CONTRACT 0 CONTRACTOR SELECTION ODCUMENT 0 SMALL PUBLIC WORKS CONTRACT [E,G" RFS, RFP, RFGI] [LESS THAN SE!IS,ODD] 0 CONTRACT AMENDMENT AGI: 0 PURCHASE AGREEMENT ~~::ENT Liir~7 .5ur¡ffJVi11-£-I1 f '-41 / . [MATERIALS. SUPPLIES, EQUIPMENT] 0 REAL ESTATE PURCHABE & SALES AGREEMENT 0 CDBG ' hÁ ~ß,rYf Z4ftcF)<.J 5. PRO.JECT NAME: Sf<. C)é1 ¿vi- LS~ ~3-Y4h cS7v di / h1 ¡n, V¿I/YZ¿J16 B. NAME OF CONTRACTOR: W 5 DoT í ¡/7}/t ¥~J71'~ 8 /~ AODRESS: f (J pur¡ 47 ?¿?O ðlL1 (ýv»~' (1357)1 PHONE: , TYPE OF PERSON OR ENTITY [CHECK ONE]: I 0 INDIVIDUAL 0 SOLE PROPRIETORSHIP STATE: TAX IDI/SSI: 0 PARTNERSHIP 0 CORPORATION - SIGNATURE NAME: TITLE: 7. SCOPE OF WORK: ATTACH exHIBIT A . A COMPLETE AND DETAILED DESCRIPTION OF THE SERVICES DR SCOPE OF WORK. INCLUDING COMPLETION DATE FOR EACH PHASE OF WORK AND L.DCATION OF WORK. B. TERM: COMMENCEMENT DATE: COMPLETION DATE: 9. TOTAL COMPENSATION S [INCLUDE EXPENSES AND SALES TAX. IF ANy] [IF CALCULATED ON HDURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES] REIMBURSABLE EXPENSES: DVES DNo IFVES. MAXIMUM DOLLAR AMOUNT: S Is SALES TAX OWED? OVEB OND IF YES, S PAID BY: 0 CONTRACTOR OCITY 10. SELECTION PROCESS USED [CHECK ONE]: 0 REGlUEST FDR BIOS 0 REGlUEST FOR CilUOTES 0 ARCHITECT & ENGINEER LIST 0 REGlUEST FOR PROPOSALB 0 REGlUEST FDR CilUALIFICATIONS 0 SMALL WORKS ROSTER 11. CONTRACT REVIEW INITIAL./DATE ApPROVED 0 DIRECTOR 0 LAW [ALL CONTRACTS] 0 RISK MANAGEMENT <, [ALL CDNTRACTS EXCEPT AMENDMENTS, CONTRACTOR SELECTION DOCUMENT] 0 HUMAN SERVICES 11. CONTRACT SIGNATURE ROUTING INITIAL./DATE ApPROVED 0 LAW DEPARTMENT 0 CITY MANAGER ~ITY CLERK IGN COpy SACK TD DRIGINATING DEPT. ~SSIGNED AG , <::)::\- ~~ PURCHASING: PLEASE CHARGE TO: COMMENTS tl~ ¿(:ßR {" II (l/~/ t~t {ltYl¿vr1' WHITE - DR'GONAL STAYS WITH CONTRACT CANARY - CLERK TO IITAFF PINK - LAW DEPT. OJOLCENROD - ORIGINATINg BTAFF LCI4,." [R8V 111S,.' Agency City of Federal Way Federal Aid Project Number STPH-0099(0058) ~ ~~-"\~'l~ Local Agency Agreement Supplement .. :7':r Washington State "II Department of Transportation Supplement Number 1 I Agreement Number LA-4150 CFDA Number 20.205 The Local Agency desires to supplement the agreement entered into and executed on July 1, 1999 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 SR 99 at S. 330th Street Improvements Length I 000 ft. Termini MP 9.21 to MP 9.41 Description of Work rg No Change Reason for Supplement Request aditional PE funds for consultant and WSDOT. Request construction funds. Estimate of Funding Type of Work (1) I (2) I (3) (4) I (5) Previous Supplement Estimated Total Estimated Agency Estimated AgreemenUSuppl. Project Funds Funds Federal Funds PE a. Agency 2,000.00 -588.00 1,412.00 441.00 971.00 68.75 % b. Other Consultant 27,OÓO.00 12,000.00 39.000.00 12.187.00 26,813.00 Federal Aid c. State 1,000.00 7,217.00 8,217.00 2,568.00 5,649.00 Participation Ratio for PE d. Total PE Cost Estimate (a+b+c) 30,000.00 18,629.00 48,629.00 15,196.00 33,433.00 Right of Way e. Agency % . f. Other Federal Aid u Participation g. State - Ratio for RW h. Total RMJ Cost Estimate (e+f+g) Construction i. Contract 242,000.00 242,000.00 75.625.00 166,375.00 .- .. .-.. . -... . --.. - . . -. ..-. j. Other King County - 1O,000~00 10,060.00 3, Ì25.00 6Jf75.00 k. Other 68.75 % -- . - . - - 17~j7 ¡'.M . 17,3i1.00 5,429.00 ' - '11,94iöo I. Agency Federal Aid -. .... . 2:ÓOO.00 2,000.00 . 625.00 1,375:00 m. State Participation .... 27 f,37 1.00 271,371.00 84,804.00 ÏS6,567.00 Ratio for CN n. Total CN Cost Estimate (i+j+k+l+m) -' o. Total Project Cost Estimate (d+h+n 30,000.00 290,000.00 320,000.00 100,000.00 220,000.00 ...... <" ..... --- /" ./" ,... ,/ ,/ 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. A~ygenCY .0.. .. -. . . ~ WByaSh~n,~on/~at:;~~me Iì. nt .Of Transportation ~eley 'RR-- K~ Title City Manager Assistant Secretary for Highways and Local Programs Date Executed -1' )~ lj) e RIG I N A L ,. DOT Form 140-041 EF Revised 11/99 Mr. Cary M. Roe, PE, Public Works Director City of Federal Way 33530 First Way South Federal Way, WA 98003-6221 Pi wt fJ.J /r p ¡W- yj¿ ~4 -fo T .. . AI tJJAÞ ftilansportatlon Building . . Box 47300 f1A J. 1/11!7J ~A Iympia. WA 98504-7300 fW WWYl May 4, 2000 RECEIVED Af¡Þ MAY 0 9 2000 ~ ::7: Washington State ~II Department of Transportation Sid Morrison Secretary of Transportation FEDERAL WAY PUBLIC WORKS ADMINISTRATION DMSION City of Federal Way M ~ ' SR 99/330th Signal 7/70 J{ STPH-OO99(O58) FUND A UTH 0 RIZA TI 0 N Dear Mr. Roe: We have received FHW A fund authorization, effective April 27, 2000, for this project as follows: PHASE Construction TOTAL $271,371 FEDERAL SHARE $186,567 Enclosed for your information and file is a fully executed copy of Supplement Number 1 to Local Agency Agreement LA-4150 between the state and your agency. All costs exceeding those shown on this agreement are the sole responsibility of your agency. In addition, this supplement increases your PE funds to a total of $48,629 ($33,433 federal share). Although documented CE determination was approved March 31, 2000 and construction funding authorized, you are still required to request updated species listings every six months until this project is complete. If any species listings or locations have changed, the Biological Assessment must be updated appropriately. Verification of the requests will be part of the project management review. You may proceed with the administration of this project in accordance with your WSDOT approved Certification Acceptance agreement. Sincerely, . ,) '(~\\ ~CW¡~ U1-- Kathleen B. Davis Program Management Director Highways & Local Programs Service Center KBD:ss DRS Enclosure cc: Terry Paananen, NW Region, NB82/121 A8t.. ~" Washington State . "fíJl-. Department of Transpc... ..ation ~~~-\\~ Local Ab ~ncy Agreement Agency City ofFedcraI Way AGENeY Project No. :5 r P 1/- 00 9 "t (0 S 8) Address 33530 First Way S Agreement No. LA 415 a Federal Way, W A 98003 For OSC WSDOT Use only' The: Local Agency having complied, or hc:rc:by agreeing to comply, with the: tenus and conditions set forth in (1) Title: 23, U.S. Code: Highways, (2) the: regulations issued pursuant thc:rc:to, (3) Office: ofManagc:ment and Budget Circulars A-I02 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 hc:rc:in 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 SR 99 at S 330th Street Improvements Termini MP 9.21 to MP 9.41 Description of Work 1. Install a t:¡¡ffic ::igr.al to ¡.'rovid(.' saf~r and mor~ offici~!!t "cccss betw~n S 330th Street and SR 99, 2, Install a 6 ft wide, 280 ft long sidewalk to provide a safer pedestrian access to the Post Office, 3. Install a raised median and convert the two-way left-turn lane to turn pockets to separate opposing left-turn movements. Length 1000 ft Estimate of Funding Type of Work (1) (2) (3) Estimated Total Estimated Agency Estimated Project Funds Funds Federal Funds PE a. Agency Work 2,000.00 625.00 1,375.00 b. Other Consultant 27,000.00 8,437,00 18,563.00 c. State Services 1,000.00 313.00 687.00 d. Total PE Cost Estimate (a+b+c) 30,000.00 9,375.00 20,625.00 Right of Way e, Agency Work f, Other g. State Services h. Total RNÝ Cost Estimate (e+f+g) Construction i. Contract j, Other k. Other _u_.---- .u--- --- -- .- .-.,-.----- I. Other m. Total Contract Costs (i+j+k+l) Constroctlon 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) 30,000.00 9,375.00 20,625.00 / /' / ./ -Federal participation in construction engineering (q) Is limited to 16 percent of the total contract costs (line m, column 3). The federal aid participation rate in this project will be detennined by the Federal Government. The parties expect that it will be '8.1 t; ~ percen~ 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 offederal 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 1~ EF R8'iÏsed 5/97 1 ORI GINAL 'Construction Method of Financil (Check Method Selected) State Ad and Award 0 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 [g 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 December 1, lqqR . Resolution/Ordinance No. Agency Official.. : ~::t~ Provisions I. scope of Work The Agency sba11 provide all the work, labor, materials, and services necessary to perform the project which is described and set for1h in detail in the "Project Description" and wrype of Work." When the State acts for and on beba1f of the Agency, the State sba11 be deemed an agent of the Agency and sba11 perform the services described and indicated in wrype of woo." 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 sba11 have the right to perform the woo. subject to the ordinary procedures of the State and Federal Highway Administration. II. 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 8d for the Agency in all matters oonoeming the project as requested by the Agency, If the Local Agency advertises and awards the project, the State sba11 review the woo. to ensure conformity with the approved plans and specifications, III. Project Admînistration 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 woo. 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 sba11 be limited to ensuring all woo. 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 MulÙcipai Corporations of the State Auditor's Office, the V,S. Department ofTransportation, 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 Revised 5/97 :ashi~ment of Trans Assistant Secretary for TransAid ~II /O)~ . I Date Executed years ftom the final payment of any federal aid funds to the Agency, Copies of said records shall be furnished to the State and/or Federal Govenunent 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 woo. for projects are: 1. Prelimitw'y 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 prelimitw'y 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 offederal funds paid to the Agency under the terms of this agreement (see Section VßI). The Agency agrees that all stages of construction necessary to provide the initially planned oomplete 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 ieåerai aid highway construction projectS, me cumm. 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 oomplete the contract within the contract time. VI. Payment and Partial Reimbursement The toCal 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 Govenunent Federal funding shall be in accord with the Intermodal Sutface Transportation Efficiency Act 1991, Title 23. UlÙted States Code, as amended, and Office of Management and Budget circulars A-IO2 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 Govenunent 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 En¡Ineerln:, Ri&ht 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 fannat 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 .2 . eligible for federal participation to the extent that su( is arc directly . aftn'buUble and properly allocable to this project. Expenditures by the Local Agency for the estab\isbmeot, maintenance, general administration, supervision, and other overbead sba1l not be elig¡òle for federal participation. The State will pay for State incurred costs on the project. Following payment, the State shall bill the Federal Government for reimbucsernent of those costs elig¡òle for federal participation to the extent that such costs arc attributable and properly allocable to this project. The State shall bill the ~enc:y for that portion of State costs which were not reimbursed by the Federal Govenunent (see Section VIII). The State will pay for State incurred costs on the project. Following payment, the State sba1l bill the Federal Govenunent for reimbursement of those costs eligible for federal participation to the extent that such costs arc attributable and properly allocable to this project. The State shall bill the ~ency for that portion of State costs which were not reimbursed by the Federal Govenunent (see Section VIII). 1. Project Constnlction Costs Project construc.iion 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 construc.iion contract, an advance in the amount of the Agency's share of the tota1 construc.iion 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 trom the contractor, Following such payments, the State will submit a billing to the Federal Govenunent for the federal aid participation share of the cost. When the project is substantially oompleted and final actual costs of the project can be determined, the State will present the Agency with a fmal 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 ~enc:y, Method B - The Agency's share of the tota1 construc.iion cost as shown on the face of this agreement shall be withheld trom 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 confumed by letter trom the State at the time of contract award Upon rec:eipt of progress billings trom the contractor, the State will submit such billings to the Federal Govenunent 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 onœ per month for those costs eligible for Federal participation to the extent that such costs arc 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, ~\¡e Agency will provide documentation of all costs incurred on the project. The State shal! bill the Agency for all costs incurred by the State relative to the project. .. he State shall also bill the Agency for the federal funds paid by the State to the Agency for project costs which arc subsequently determined to be ineligible for federal participation (see Section VIII). VII. Audit of Federal Aid Project The Agency, ifservices ora 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 Govenunent. An audit shall be conducted by the WSDOT Internal Audit Office in acc:ordanc:e with generally ac:c:epted govenunental auditing standards as issued by the United States General Ac:c:ounting Office by the Comptroller General of the United States; WSDOT Directive D 27-50, Consultant Authorization, Selection, and Agreement Administration; memoranda ofunderstanding ~een WSDOT and FHW A; and Office of Management and Budget Circular A-128. Ifupon audit it is found that overpayment or participation of federal money in ineligible items of cost has oc:c:uJTed, the ~enc:y shall reimburse the State for the amount of such overpayment or excess participation (see Section VIII). DOT Fonn 140-œ9 EF RINised 5/97 VIII. Payment of BUlb The Agency agrees that if payment or arrangement for payment of any of the State'. billing relative to the project (e.g.. State force work, project c:anccllation, overpayment, cost ineligible for federal participation, etc.) is not made to the State within 4S daYi after the Agency bas been billed, the State shall effect rcirnbunement of the tota1 sum due trom the regular monthly fuel tax allotments to the Agency from the Motor Vehic:1e Fund. No additional Federal project funding will be approved until full payment is received unless otherwise directed the the Assistant Sccn:tary for TransAid. Ix. TraffIC Control, Signing, Marking, and Roadway Maintenance The Agency will not permit any changes to be made in the provisions for parlcing 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 markin~ not in conformance with the ltandards approved by the Federal Highway Administration and MlITCD, The ~enc:y will, at its own expense. maintain the improvement covered by this agreement X. Indemnity The Agency shall hold the Federal Govenunent and the State lwm1ess from and shall process and defend at its own expense all claims, demands, or suits, wbether at law or equity brought against the Agency, State, or Federal Government, arising from the Agency'. execution, performanc:c. or failure to perform any of the provisions of this agreement, or of any other agreement or contract c:onnected with this agreement, ( ( arising by 1.-0.1 "fthe ¡wticip.;1ioo ofth" S',aU; v; r~-al avvCo-=::nt in ili: project, PROVIDED, nothing herein shall require the Agency to reimburse the State or the Federal Govenunent for damages arising out of bodily injury to persons or damage to property caused by or resulting trom the sole negligence of the Federal Govenunent or the State. No liability shall attach to the State or Federal Govenunent except as expressly provided herein. XI. Nondiscrimination Provision The Agency hereby agrees that it will incorporate or cause to be inc:orporated into any contract for construc.iion work, or modification thereot: as defined in the rules and regulatiom of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained trom the Federal Government or borrowed on the credit of the Federal Govenunent pursuant to a grant, contract, loan. insuranc:e, or guarantee or understanding pursuant to any federal program involving such grant, contract, loan, insuranc:e, or guarantee, the following equal opportunity c:1ause: "DURING THE PERFORMANCE OF TlflS CONTRACT, TIlE 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 talce affumative adion to ensure that applicants are employed and that employees arc treated during employment without regard to their race, color, religion, sex, or national origin. Such &c:tion sba1l inc:1ude, but not be limited to, the following: employment, upgrading. demotion or transfer; rec:rui1ment or rec:rui1ment advertising; layoffs or termination; rates of pay or other forms of c:ompensation, and IClection for training. including apprenticeship. The contractor agrees to post in c:onspicuous places. available to employees and applicants for employment, notices to be provided by th-- Ag~ !~'1g forth the pt"Ovö.sions of this nondiscrirninatioo c:lause. (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 bas a collective bargaining agreement or other contract or understanding. a notice to be provided by the Agency advising the said 1abor union or workers' representative of the contractor's c:ommitments under this Section 11-2 and shall post copies of the notice in c:onspicuous places available to employees and applicants for employment (d) The contractor will oomply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Sec:retary 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 regulatiom and orders of the Sec:retary of Labor, or pursuant thereto, and will pernùt access to his books, records, and accounts by the Federal Highway Administration and the Sccn:tary of Labor for purposes of investigation to asc:ertain oomplianc:e with such rules, regulations, and orders. 3 XII. Liquidated Dam~ The A&av:Y hereby agrees 1Dat the liquidated damages provisions of23 CFR Part 630, Subpart 30~, as 1Upp1emeded, relative to the amount of Federal participation in thc project cost, 8bal1 be applicable in the event thc contractor fails to complete the coaCraá within the coaCraá time. Failure to include liquidated damages provisioo will not relieve the Agetv::y ftom reductioo offederal participatioo in accordaooe with this parauaph. XUI. Termination for Public Convenience The Secretary of the washington State Departmeot ofTransportatioo may terminate the oootract in whole, or &om time to time in pari, whenever: (1) The requisite federal funding becomes unavailable through failure of appropriation or otherwise. (2) The contractor is prevented &om proceeding with the work as a direct resuh of an Executive Order of the President with respect to the prosecutioo of war or in the interest of national defense, or an Executive Order of the President or Governor of the State with respect to thC preservaboo of energy rcsoucœs. (3) The contractor is prevented &om proceeding with the work by reason of a preliminary, special, or permanent restraining order of a oourt of oompetent jurisdictioo where the issuance of such order is primarily caused by the acts or omissions of persons or agencies other than the contractor. (4) The Sca-ctary 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 adÌoo which the Local Agency bas against the State of Washington, growing out of this oootract 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 ofhis or her lcnowlcdge and belief; that: (1) No federal appropriated funds have been paid or will be paid, by or on beha1f 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 oonnection 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 ofCongrcss, or an employee of a member of Congress in oonnection 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 suboontn&cts under grants, subgrants, loans, and ooopcrative agreements) which exceed $100,000, and that all such subrccipients sha1l certifÿ and disclose aooordingly. This certification is a material representation offact upon which reliance was placed when this transaction was made or entered into. Submission of this ocrtificatioo as a prerequisite for making or entering into this transactioo imposed by Section 1352. Title 31, U.S. Code. Any person who fails to file the required ocrtification sha1l be subject to a civil penalty ofoot less than $10,000 and not more than $100.000 for each such failure. Additional Provisions (1) 111 the event ofíhe 00II!raCt0r'1 noooompliancc the nondisaimination cl_.ofthis oootract or with any such rules, regula..._..oC or orders, this cootract may be canceled, taminated, or IUspeocIed in whole or in part and the cormctor may be declared ineligible for 1ùrtber government coøIJ'a(;ts or fedc:ra1ly assisted coostruction contracts in aooordanoc with proocdures authorized in Executive Order 11246 ofScptemher 24, 1965, and lUoo other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 ofScptembcr 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 IUboontract or purchase order unless exempted by rules, regulations. or orders of the Sca-ctary of Labor issued pursuant to Section 204 of Executive Order 11246 ofScptelnber 24, 196~, 10 that lOch provisions will be binding upon each suboontraáor or vendor, The contractor will take RIch action with respect to any IUboontract or purchase order as the Agency, Washington State Departmeot of Transportation, or Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noooompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a suboontraáor, 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 fcdera11y assisted construction work: Provided, that if the appli;ant 10 participating is a State or Local Government, the above equal opportunity clause is not applicable to any agency. mstrumentaiity, or subdivision of such govcnunent which docs 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 contrac::tors and suboontractors with the equal opportunity clause and rules, regulations, and relevant orders of the Secretary of Labor. (2) To furnish the State such infonnationas it may require for the IUpcrvision of IUch compliance and that it will otherwise assist the State in the discharge of its primary responsibility for securing compliance, (3) To re&ain &om entering into any contract or oootract modification subject to ExecUtive Order 11246 ofScptember. 24, 1965, with a contractor debarred trom. or who bas not demonstrated eligibility for, govcnunent contracts and federally assisted construction contracts pursuant to the Executive Order, (4) To C8I1)' out lOch sanctions and pena1ties for violation o(the equal opportunity clause as may be imposed upon contrac::tors and IUboontractors 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 adÌons: (a) Cancel, terminate. or suspend this agreement in whole or in part; (b) Reftain &om extending any 1ùrtber assistance to the Agetv::y under the program with respect to which the failure or refusal occurred untilla1isf'actory assurance offuture compliance bas been received ftom the Agency; and (c) Refer the case 10 the Department of Justice for appropriate legal proceedings. DOT Fonn 140-039 EF Revised 5197 4