Ord 93-166
ORDINANCE NO.
93-166
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, AUTHORIZING
ACCEPTANCE OF MONIES AND DIRECTING EXECUTION
OF AN AGREEMENT TO ACCEPT FUNDS FROM VARIOUS
STATE AND FEDERAL SOURCES FOR ESTABLISHING
PROJECTS WITHIN THE GRANT FUND; AMENDING THE
BUDGET FOR THIS GRANT FUND BY APPROPRIATING
UNANTICIPATED AND FUTURE REVENUES TO THAT
FUND; AND AUTHORIZING MATCHING FUNDS BY THE
CITY IN CERTAIN CASES.
WHEREAS,
cities
are
charged
with
providing
and
maintaining public
infrastructure,
transportation
systems
and
public projects necessary to maintain and improve the public
health, safety and welfare; and
WHEREAS, the financial resources of cities to provide
these necessary service and improvements are limited; and
WHEREAS, various state and federal sources have special
funds available to supplement city projects, which are awarded on
a competitive and weighted project basis; and
WHEREAS,
the
City
staff
has
aggressively
pursued
obtaining these funds in order to maximize the local public
benefits of these funds; and
WHEREAS, the grants identified herein will net the city
of Federal way a total of Seven Million Five Hundred Seventy Three
six
Hundred
Eighty
Nine
Dollars
($7,573,689.00)
which
would
otherwise have to be funded totally from local revenue sources, and
which will require a total city match of One Million Five Hundred
Forty Seven six Hundred Eighty six Dollars ($1,547,686.00), thus
resulting in maximum leverage of local tax dollars; NOW, THEREFORE,
C~~L
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1.
Aqreements Authorized.
For all projects
identified
in
Column
1
of
Exhibit
A,
attached
hereto
and
incorporated herein by this reference, the city Manager or his or
her designated representative is authorized and directed to execute
such agreements with the Federal and State agencies identified in
Column 2 of Exhibit A as are necessary to accept the state and
federal grant monies identified in Column 3 of Exhibit A.
Section 2.
Matchinq Funds Authorized.
Pursuant to any
necessary grant agreement, the City commits to supply matching
funds, if any are required, in the maximum percentage identified in
Column 4 of Exhibit A and the maximum amount identified in Column 5
of Exhibit A, specific to each grant project.
Section 3.
Receipt of Funds Authorized.
The city
Manager or his or her designee is hereby authorized to receive the
state and federal fund monies identified in column 3 of Exhibit A
attached hereto.
Section 4.
Creation of Grant Fund proiect Authorized.
AT the time of execution of each agreement and acceptance of the
grant funds specific to that agreement, a separate project shall be
established within the Grant Miscellaneous Government Fund, into
which monies specific to that grant project shall be deposited.
section 5.
Manaqer Shall Administer Funds.
The
City
Manager or his or her designated representative shall have
- 2 -
responsibility for the administration of the state and/or federal
grant monies received.
Section
6.
Identification of
Source of Funds.
The
approximate amounts and anticipated sources of revenue for the
grant fund projects are identified in Exhibit A attached hereto.
Section 7.
Adiustment of Grant Fund proiect Authorized.
Upon execution of each grant agreement, the budget for the Grant
Miscellaneous Government Fund shall be amended by appropriating to
the fund unanticipated revenues in excess of estimated revenue, in
the amount of the grant proposal currently estimated to be those
amounts listed in Column 6 of Exhibit A attached hereto.
Provided,
however, that if the actual revenue received from each fund source
should be more or less than the estimated amount identified herein,
the appropriation shall be adjusted to be equal to the amount
actually received.
Section 8.
Ratification.
Any act consistent with the
authority and prior to the effective date of this ordinance is
hereby ratified and affirmed.
Section
9.
Severabilitv.
The
provisions
of
this
ordinance are declared separate and severable.
The invalidity of
any clause, sentence, paragraph, subdivision, section, or portion
of this ordinance or the invalidity of the application thereof to
any person or circumstance, shall not affect the validity of the
remainder of the ordinance, or the validity of its application to
other persons or circumstances.
- 3 -
Section 10.
Effective Date.
This ordinance shall be
effective thirty (30) days after passage as provided by law.
PASSED by the City Council of the city of Federal Way at
a regular meeting thereof,
this
16th
day of
March
1993.
CITY OF FEDERAL WAY, WASHINGTON
~1~
MAYOR, ROBERT STEAD
~
CITY ATTORNEY, CAROLYN A.
LAKE
FILED WITH THE CITY CLERK: 3/16/93
PASSED BY THE CITY COUNCIL: 3/16/93
PUBLISHED: 3/24/93
EFFECTIVE DATE: 4/16/93
ORDINANCE NO. 93-166
la\kathleer\ordin\gengrant
- 4 -
EXHIBIT A
COLUMN 1
COLUMN 3
COLUMN 5
COLUMN 6
COLUMN 2
COLUMN 4
Metro 25,000 -0- -0- 25,000
WSDOT 40,000 -0- -0- 40,000
TIB (DATA) 3,472,932 20% 868,023 4,340,116
S. 320th & SR99 ISTEA (STP) 188,000 13.5% 30,000 218,000
23rd Ave. S. Metro 30,000 -0- -0- 30,000
ISTEA (STP) 575,000 13.5% 89,740 664,740
S. 348th I TIB (TIA) 712,708 36.2% 404,000 1,116,708
Metro 30,000 -0- -Oc 30,000
WSDOT 600 , 000 -0- -0- 600 , 000
S. 316th/2Oth S. signal HES . 140,000. 14.6% 24,000 164,000
CTR ISTEA (QMAC) 20,000 13.5% 3,121 23,121
TOTAL
LEGEND:
.
.
.
.
.
.
CPG is Washington State's Coordinated Prevention Grant for recycling programs.
HES is Hazard Elimination Safety.
CTR is Commuter Trip Reduction.
WSDOT is Washington State Department of Transportation,
Till is Washington State's Transportation Improvement Board.
ISTEA is the Federal Intermodal Surface Transportation Efficiencies Act
.. $17,100
--L2QQ
$19,000
= Federal contribution
= Federal Way contribution
approved for design by Ordinance No. 93-159. The $140,000 is the maximum grant amount for design and
construction phase. Ia\kathl..,\ordm\.,.....tbl
�� Washington State Department of Transr
4 AGEtJCY NAME & BILLING ADDRESS
�� ��- g3-,
City of Federal Way WASHINGTON STATE
i 3 3 5 3 0 - 1 s t Way South DEPARTMENT OF TRANSPORTATION
Federal Way, WA 98003
- CITY/COUNTY AGREEMENT
PARKING POLICY REVIEW AND CTR ADMINISTRATION
The Local Agency having complied, or hereby agreeing to comply, with the terms and conditions set forth in (1) Title 23, U.S.
Code Highways, (2) the regulations issued pursuant thereto, (3) Office of Management and Budget Circulars A-102 and
A-128, (4) the policies and procedures promulgated by the Washington State Department of Transportation and, (5) the Fed-
eral-aid Project Agreement entered into between the State and Federal Government, relative to the above project, the Wash-
ington State Department of Transportation will authorize the Local Agency to proceed on the project by a separate
notification. Federal funds which are to be obligated for the project may not exceed the amount shown herein on line s., col-
umn (3) without written authority by the State, subject to the approval of the Federal Highway Administrator. All project costs
not reimbursed by the Federal Government shall be the responsibility of the Local Agency.
PROJECT DESCRIPTION
Name _
Termini
N/A
Description of Work
SEE ATTACHMENT
W.S.D.O.T. USE ONLY
PEDERAL AID PROJECT NUMBER
M'���� {���Z-1
AGREEMENT NUMBER.
� � � �,�
Length N/A
ESTIMATE OF FUNDING
TYPE OF WORK (� ) �2� �3�
ESTIMATED TOTAL ESTIMATED AGENCY ESTIMATED
PROJECT FUNDS FUNDS FEDERAL FUNDS
P.E. a. Agency Work ...�2,5AQ ........ .........�$.338...... ....$2.,16.2.......
b. Other Consultant .�20.,122 ........ .....$2.,.Z].7....... ..51�.,lf,RS�.......
c. State Services $500 $67 $433
d. Total PE Cost Estimate (a+b+c) $ 2 3,12 2 $ 3,12 2 $ 2 0, 0 0 0
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 ........................ ........................� ........................
o . Other ........................ ........................ ........................
p. State Forces
q. Total Const. Engineering (n+o+p) "
r. Total Const. Cost Estimate (m+q) �
S. TOTAL COST ESTIMATE
OFTHEPROJECT(d+h+r) $23,122 $3,122 $20, 000
' Federal participation in Construction Engineering (q) is limited to 15% of the Total Contract Costs. (line m, column 3)
The Federal-aid aartici�ation rate in this aroiect will be determined by the Federal Government. The parties expect that it will be •%,
however, it is understood that the rate may vary. The Local Agency agrees that this agreement is entered witnout re�ying 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 140-039 (Rev.12190) - F
. STATE AD & AWARD .
CONSTRUCTION METHOD OF FINANCING (Check Method Selected)
METHOD A Advance Payment - Agency Share of Total Gonstruction Cost (Based on Contract Award) ..:..............:.........:.:.......( )
METHOD B Withhold From Gas Tax'the Agency's Share of Total Construction Cost (line r., col. 2)
' in the amount of $- at $ per month for months .................................... ( )
LOCAL FORCE OR LOCAL AD & AWARD _
METHOD C Agency Cost Incurred with Partial Reimbursement .. ..:..............:..... ....................... ......:.. .:..................... ( X )
The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures, and as a condi-
tion to payment of the Federal funds obligated, it accepts and will comply with the applicable provisions set forth below.
Adopted by official action on March 16 , 19 93 , ResolutioNOrdinance No. 93-166
AGENCY OFFICIAL
BY:
, r
�:�� Cn.at� .
WASHINGTON S E
PARTMENT OF TRAN PO ATION
BY:
Assistant Secretary for Pro rems
APR 19 199�3-
Date Executed
PROVISIONS
I SCOPE OF WORK
The Agency shall provide all the work, labor, materials and services
necessary to perform the project which is described and set forth in detail
in the "Project Description" and "Type of Work."
When the State acts for and on behalf of the Agency, the State shall
be deemed an agent of the Agency and shall perform the services
described and indicated in "Type of Work" on the face of this agreement, in
accordance with plans and specifications as proposed by the Agency and
approved by the State and Federal Highway Administration.
When the State acts for the Agency but not subject to the right of con-
trol by the Agency, the State shall have the right to perform the work subject
to the ordinary procedures of the State and Federal Highway Administra-
tion.
II DELEGATION OF AUTHORITY
The State is acting to fulfill the responsibilities to the Federal Govern-
ment 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 reim-
bursement in accordance with Federal requirements. If the State adver-
tises 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 insure conformity with the approved plans and specifications.
V COMPLIANCE WITH PROVISIONS
The Agency shall not incur any Federal-aid participation costs on any
class'rfication 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 for, or actual construction of
the road for which Preliminary Engineering is undertaken is not started by
the closing of the fifth fiscal year following the fiscal year in which the agree-
ment 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 pro-
vide the initially planned complete facility, within the limits of this project, will
conform to at least the minimum values set by approved AASHTO 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 rel-
ative to the basis of Federal participation in the project cost shall be appli-
cable in the event the contractor fails to complete the contract within the
contract time.
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 tor the
supervision and inspection of the work in progress. On local agency adver-
tised and awarded projects, the superoision 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 super-
visor 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 expendi-
tures kept by the Agency, are to be maintained in accordance with proce-
dures prescribed by the Division of Municipal Corporations of the State
Auditor's Office, the U.S. Department of Transportation and Washington
Department of Transportation. The records shall be open to inspection by
the State and Federal Government at all reasonabte times and shall be
retained and made available for such inspection for a period of not less
than three 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 Fed-
era! Government upon request.
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 Surface
Transportation Assistance Act 1978, 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 associ-
ated with the project which are not reimbursed by the Federal Government.
Nothing ln 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. Follow-
ing 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, mainte-
nance, 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
DOT 140-039 (Rev. 12/90) - F
are direcCly attributable and properly allocable to this project. The State
s.hall bill the Agency for that portion of State r � which were not reim-
bursed by the Federal Government. (See Sect. ,II.)
, 2. Project Co�struction Costs
Project construction financing will be accomplished by one of the
three methods as indicated in this agreement.
METHOD "A":
The Agency will piace with the State, within twenty (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 pre-
scribed 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, mainte-
nance, general administration, supervision, and other overhead shall
not be eligible for Federal participation.
The State will reimburse the Agency for the Federal share of eli-
gible project costs up to the amount shown on the face of this agree-
ment. 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 rela-
tive 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 respon-
sible for audit of the ConsultanYs 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 in accordance with Office of Management
and Budget Circular A-128.
If upon audit it is found that an overpayment, or participation of Fed-
eral money in ineligible items of cost, has occurred, the Agency shall reim-
burse the State for the amount of such overpayment or excess
participation. (See Section VIII.)
VIII PAYMENT OF BILLING
The Agency agrees that if payment or arrangement for payment of
a�y of the State's bilting relative to the project (e.g. State force work, project
cancelation, 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 tax allotments to the Agency from the Motor Vehicle Fund. No
additional Federal project funding will be approved until full payment is
received unless otherwise directed by the Assistant Secretary for Local
Programs.
IX TRAFFIC CONTROI ��GNING, MARKING, & ROADWAY
MAINTENANCE
The Agency will not permit any changes to be made in the provisions
for parking regulations and traffic control on this project without prior
approval of the State and Federal Highway Administration. The Agency will
not install or permit to be installed any signs, signals or markings not in con-
formance with the standards approved by the Federal Highway Administra-
tion 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 harm-
less 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, perfor-
mance, 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 NONDISCR�MINATION PROVISION
The Agency hereby agrees that it will incorporate or cause to be incor-
porated into any contract for construction work, or modification thereof, as
defined in the rules and regulations of the Secretary of l.abor 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 Govern-
ment pursuant to a grant, contract, loan, insurance or guarantee or under-
taken 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 CONTRAC-
TOR AGREES AS FOLLOWS:"
(a) The contractor will not discriminate against any employee or appli-
cant 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, demo-
tion or transfer; recruitment or recruitment advertising; layoffs or termina-
tion; 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 nondiscrimi-
nation 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 con-
tract or understanding, a notice to be provided by the Agency advising the
said labor union or workers' representative of the contractor's commR-
ments under this section 11-2 and shall post copies of the notice in conspic-
uous 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 regu-
lations and orders of the Secretary of Labor, or pursuant thereto and will
permit access to his books, records and accounts by the Federal Highway
Administration and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations and orders.
(f) In the event of the contractor's noncompliance with the nondiscrim-
ination clauses of this contract or with any of such rules, regulations or
orders, this contract may be canceled, terminated or suspended in whole
or in part and the contractor may be declared ineligible for further Govern-
ment 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, reg-
ulation or order of the Secretary of Labor, or as otherwise provided by law.
DOT 140-039 (Rev. 12/90) - F
(g) The contractor will include the provisio,._ of this section 11-2 in
es�ry subcontract or purchase order unless exempted by rules, regulations
or orders of the Secretary of Labor issued pursuant to Section 204 of Exec-
utive 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,
. WA Dept. of Transportation or Federal Highway Administration may direct
as a means of enforcing such provisions including sanctions for noncom-
pliance: 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 sub-
division 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
dause 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 subcontrac-
tors by the State, Federal Highway Administration or the Secretary of Labor
pursuant to Part II, subpart D of the Executive Order.
In addition, the Agency agrees that if it fails or refuses to comply with
these undertakings, the State may take any or all of the following actions:
(a) Cancel, terminate or suspend this agreement in whole or in part:
(b) Retrain from extending any further assistance to the Agency under
the program with respect to which the failure or refusal occurred until sat-
isfactory assurance of future compliance has been received from the
Agency; and
(c) Refer the case to the Department of Justice for appropriate legal
proceedings.
XII LIQUIDATED DAMAGES
The Agency hereby agrees that the liquidated damages provisions of
23 CFR Part 630, Subpart C and Volume 6, Chapter 3, Section 1 of the
Federal-aid Highway Program Manual, as supplemented, relative to the
amuunt of Fedaral participation in the project cost, shell be applicable in the
event the contractor fails to complete the contract within the contract time.
Faifure 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, 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 othervvise.
(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 pros-
ecution of war or in ihe 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 rea-
son 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;
or
(4) The Secretary determines that such termination is in the best inter-
ests 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.
ADDITIONAL PROVISIONS
DOT 140-039 (Rev. 12/90) - F