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ORDINANCE NO. 4 8 i 0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, APPROVING FEDERAL ISTEA GRANT FUNDS WITH LOCAL
MATCHING FUNDS AS PROVIDED IN THE LOCAL AGENCY AGREEMENT
BETWEEN THE CITY AND THE WASHINGTON STATE DEPARTMENT OF
TRANSPORTATION TO PREPARE AND IMPLEMENT THE MAIN STREET
ENHANCEMENT PROJECT ON AUBURN AVENUE TO "B" STREET.
WHEREAS, the City Council of
adopt and approve all appropriations
Chapter 35A.33 RCW; and
THE CITY COUNCIL OF THE CITY OF
ORDAIN AS FOLLOWS:
Section 1. Pursuant to Chapter
Council hereby approves the expenditure and
Federal ISTEA Grant Funds in the amount of
local matching funds of $112,370.00 from the
the City of Auburn must
by Ordinance pursuant to
AUBURN, ~%SHINGTON, DO
35A.33 RCW, the City
appropriation of
$720,000.00 with
102 Gas Tax Fund
to prepare and implement the Main Street Enhancement Project
on Auburn Avenue to "B" Street and authorizes the Mayor to
execute a Local Agency Agreement between the City and the
Washington State Department of Transportation approving said
Agreement, a copy of which is attached hereto as Exhibit "A"
and is incorporated herein by reference.
Section 2. The Mayor is hereby authorized to
such administrative procedures as may be necessary
out the directions of this legislation.
implement
to carry
Ordinance No. 4810
November 21, 1995
Page l
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Section 3. This Ordinance shall take effect and be in
force five (5) days from and after its passage, approval and
publication, as provided by law.
APPRovED:
ATTEST:
CHARLES A. BOOTH
MAYOR
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
/~ds,
City Attorney
Ordinance No. 48 l 0
November 21, 1995
Page 2
City 'of Auburn
3uly 27, 1994
WASHINQTON STATE -~'
O(PARTMENT OF TRANSPORTATION
LOOAL AOENOY AGREEMENT
~JPPLEMENT NO. '~
The Local Agency of Auburn
and executed on ~-1 R-q4
effect except as expressly rr~ified by this supplement.
The changes to Ihs agreement are described_ aa follows:
desires to supplement the agreement entered into
as identified above. Ail provisions in the basic agreement remain in
PROJECT DESCRIPTION
Name Main Street Enhancement Pro~iect - Auburn Ave to 'B' Street
Termini City CB0
Length 850 Ft
Oescription of Wo~
Reason for Supplement
Street itll be resurfsced and the profile modified to improve dratlwge dram the street
to a new storm sewer piping system. Xnstallatton of cement concrol~ sidewalks, trees,
shrubs, and luminaires consistent vith recently completed East Main Street sidewalk
theme. Building roof drains to Improve standing vstor problees oa the sidewalks,
planter boxes, pedestrian seating, and larger sidewalks are also planned.
Request construction funding.
ESTIMATE OF FUNDINa
TYPE OF WORK (1) (2) (3) (4) (S)
d. Tot~tEs6~(a+b+c) 10~.099 105,099 14,1~ 90,911
~ght~-W~
e. ~e~ Wo~ ......................................................................
g. ~ate ~ces
h. To(~ ~ ~st Esfima~ (e+f+~)
~on8tructbn
j. ~er ......................................................................
k. ~her ......................................................................
I. O~er
m. To~ ~ntr~t ~ts (i+j+k+l)
~ns~c~n Engineering
p. State ~ces 1 .~ 1 ,~0 135 865
q. Tot~ ~nsL Enginee~ng (n+o+P
r. To~ C~t. ~t Estate (re+q) ~ 727,271 727,271 98,1~ 629,089
s. TOTAL CO~T EITI~TE
OF THE ~E~ (d+h+r) 727,271 832,370 112,370 720,~
By:. ~ ~-
Charles A. Booth
Mayor
The IocaJ agency further stipulates that pursuant to said ~tie 23, regulations and policies a~d procedures, and as a condition to
payment of the Federal funds obligated, it accepts and will comply with the applicable provisions.
WASHINGTON STATE
Dt~PARTMENT OF TRANSPORTATION
OOT 140-041
Washington State
Departnunt o! Transportation
AbtNCY
Local Agency Agreement
Agency
Address
CITY OF AI~T]RN
25 West Main Street
Auburn, WA 98001-4998
Project No. STPUL-1090 (002)
Agreement No. ~
I:or Hoadquartorv WSDOT uso only.
l-ll~hway AdmlnlsUattc~. M1 ~ c~n no* ~imbuxsed by the Feder*l C,~verranent shall be the responsth~ity o~ the Local A~ency.
Project Description
N~me Main Street Enhancem~nt Project-Auburn Ave. to 'B' St.L~g~ ~50
T~n~ City CBD
Description of Work
Street will be resurfaced and the profile modified to improve drainage down the street
to a new storm sewer piping system. Installation of cement concrete sidewalks, trees,
shrubs, and luminaires consistent with recently completed East Main Street sidewalk
theme. Building roof drains to improve standing water problems on t~e sidewalks,
planter boxes, pedestrian seating, and larger sidewalks are also planned.
Estimate of Funding
~ of Work (n (2) o)
15,000 2,025 12,975
PE a. Agency work .........................................................................................................................
89,099 12,028 77,071
b. Othe~ 1,000 135 865
~ Total PE c0~t es~mate (a+b+c) 105,099 14,188 90,911
Right of Way e. Agency work .............................................................................................................................
h. Total R/W co~t e~timate (e+ f+g)
k. O~h~ ............................................................................................................................
m. Total conlract c~ts (l+)+k+l)
n. Agency .........................................................................................................................
q. Total construction engtne~ing (n +o~p)
r. Total construction c~t Estimate (m+c0
s. Total ¢o~t estimate of the project (cl+h+r) 105,099 14~188 90,911
*Federal partktpdlon be condf~ctton engineering (q) b limited to 15 percent of the to*a] contrad costs (line m, column
The federal aid imrflcilmtion rate in this project will be 4etezmined by the Federal C, overnment. Th~ pafl2es expe~ that it will be 80 · 5 percent; however, it is
DOt R~ ~
' C0i struction Method o: .aancing
Method A -- Advenor 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 S l~r month for. months
Local Force or Local Ad and Award
2 MethodC--Agamcyco~tincorredwithpartialrelmbur~ment
The Local Agency furthar stipulates that pursuant to said litle 23, regulations and policies and procedures, and as a col~dition to payment of the
federal funds obligated, it accepts and will comply with the applicable provisions set forth below. Adopted by official tv:tion
on ,19 , Resolution/Ordinance No.
Ag~mmcy Of Rcial
Charles A. Booth
Mayor of Auburn
Washingto~ State Department of Tr~spori~tion
JUL 0 "/ Lq.q4
Executed
Provisions
I. S~ope of Work
The Agoncy shall Provide ali the work, labor, materials, and
esrvicas naces~acy to perform the project which iz described ,_~n,d set
forth in ~ In the aProjest Description" and "ryp~ of Work.
When the State acts for and on behalf of the Agency, the S~ate
shall be desmed an agent of the Agency and shall p~form the s~wices
d~cribed and indicated in "Type of Work* c~ the faca of this
agr~ment, in ·ccordar~ with plato and sp~:iflcaflona as proposed by
the Agency and al.,l.,~,,ved by the State and the Federal Highway
Adminiswation.
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 procedur~m of the State and Federal
Highway Adrnlntsttation.
Il. D~l®gmtJon of Authority
The State is willing to fulfill the responm~oilities to the Federal
Government by the adminis~'ation of fi-ds pro~. The Asency a~rees
that the ~Late shall have the
adininis~ation. The State shall review, process, and approve
documents required for federal aid reimburs~nent in accordance with
federal req~ente. If the State advertises and awarcb the contTact,
the 5tare will hu-ther act for the Agency in all matters concerning the
project as requested by the A~ncy. I1 the ~ Agency advertises and
awards the pro,,ct, the State shall review the work to e~ure
cor~ormity with the approved plans and s~cations.
III. Project Administration
Certain types of work and services shall be provided by the .~ate
on this project as requested by the Agency m~d desczibed in the Type
of Work above. In addition, the State will h]rnish qualified pe~onnel
for the supercron and inspe~on of the work in Pro~re~ On Local
Agency advertised and awarded projects, the super~sinn and
inspecflofl shali be li]2dtad to 4msurin~ all work is in coofonnance with
ut~9, of such en~tnenr or other supervi~r and all othe~ salaries and
ccots incurred by Slate forces upon the pro~ect will be considered · cost
thereof. All costs related to this proj~2 inculTed by employees of the
5tare in the customary manner on highway pal~olls and vouchers shall
be ch~.rged es co~ts of the proie,:t
I¥. Availability of R~ord~
All project records in support of ~1 costs incurred and aetual
expp_ndib, u'es kept by the Agency are to be maintsined in accordance
with procedures Prescribed by the Division of Municipal Corporations
of the State Auditor's Office, the US. Department of Transportation,
and the Washington State D~l~r~ent of Transportation. The rc~r~rds
DOT n~
sh~ll be open ~o inspection by the State anfll Federal Government at all
reasonable times ~d ~ ~ re~ ~d ~de av~able f~ ~
~on f~ a ~ ~ ~t 1~ ~ ~e y~ ~ ~e ~
~t of ~y f~ ~d ~ ~ ~e A~',~. ~ of ~
r~r~ ~ ~ ~ to ~e State ~d/or F~ ~t
u~ r~u~t
nc~_ shali not incur any federal aid p~ .
cation of work on this project un~ authorized in
for projects are: 1. Preliminary engineering up to and including approvaL
2. Preparation o~ plans, specifications, and es6mate-~.
3. Right of way acquisition.
4. Project cons~uctton.
of the road, for which preliminary engineering is undertaken is not
started by the dosing of the tenth fiscal ye~u- following the fiscal year
of this agreement (see Section VIII).
provide the initially planned complete facility within the limits of this
though such additional work is financed without federal aid
participation.
projects, the current fedar al aid regulations which apply to liquidated
damages relative to the basis of federel pm-ticipation in the project
¥1. P~¥m~nt lnd ~rllll N®lmb#rs®m~nt
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 Pederal Government. Federal funding shall be in
accord with the Intm-modal Surfac~ Trenspor ration Efficiency Act
1991, Title 23, United States Code, as amer~ded, and Office of
not be ultimately responsible for any of the costs of the project. The
Agency shall be ultimately responsible for all costs associated with the
pro~.~t which are not reimbursed by the Pederal Government.
Nothing In this agreement shall be conslrued as a promise by the State
es to the amount or nature of federal participation in this project.
1. l~efimb~a~ £ng~neetin8, Right of Way Acquisition, and
Audit Cos~
~eAg~ ~ ~y f~Ag~ ~ ~ ~ ~e~,
F~o~g ~ ~, ~u~ ~ ~ ~b~tt~ to ~e S~te ~
~ ~t ~ by ~e S~te, ~ q~p~ta, not mo~ ~
~e ~ m~. ~ ~te ~ r~ ~e Ag~ u~ to ~e ~
~t ~o~ ~ ~e fa~ of ~ a~t for ~ ~ e~ble
a~u~ble ~d ~ly ~ble to ~s ~. E~ by ~e
~ Ag~ f~ ~e ~b~t, m~t~, g~ a~-
fl~ ~, ~d ~ or,head sh~ not ~ e~ble f~ f~
~ S~te ~ ~y ~r ~te ~ ~ on ~e ~.
F~o~g ~t, ~e S~te s~ b~ ~e ~ ~t f~
~b~t ~ ~ ~b ~ble f~ f~ ~d~n to ~e
~ ~at ~ ~ ~ a~u~ble ~ ~ly ~ble to ~b
~. ~e ~te ~ ~ ~e Agen~ f~ ~at ~ffi~ of State ~
~ w~ not r~ by ~e F~ ~m~t (~
~. Project Cous~=~c~on Costs
Pro~ect coest~'uctton ~g ~ ~ a~mP~sh~ by ~e
~ ~ ~ m~ ~ ~t~ ~ ~b a~t. Me~ A-~e AS~~ ~ pl~
~ ~t ~ ~e A~s ~ of ~e ~ ~ns~ ~t b~
~ ~ ~n~d a~& ~e S~ ~ ~y ~e Ag~ of ~e
~t ~ ~ ~ ~ ~ ~. ~e S~te
~ ~ ~e ~a~ u~ p~n~on of pr~
~ ~e ~. ~Ho~8 ~ ~, ~e ~te ~ ~b~t a
~g ~ ~e F~ C~t for ~e
~ ~ ~e ~C ~ ~e p~ b s~st~y ~plef~ ~d
~ ~ ~ of ~ ~o~ ~ ~ det~ ~e S~te
~t ~ A~ ~ a ~ ~g ~o~g ~e ~o~t d~ ~e
S~te ~ ~ ~t due ~e A~. ~s b~ ~ ~ ~ by
~ a ~t ~ ~e Ag~ to ~e ~te or by a m~d fr~ ~e
S~te to ~e ~.
Me~ B- ~ Ag~s s~e of ~e to~ ~on
~o~ ~ ~ fa~ ~ ~ a~ent ~
~n~y ~ ~x ~. ~e fa~ of ~ a~m~t ~b~ ~e
~n~ ~ w~ ~e ~ol~g ~ ~e pl~ ~d ~e e~
~t to ~ ~eld ~ mon~. ~e ext~t of ~ol~g
~ by ~t~ ~ ~e S~te at ~e ~e of ~n~ a~d. U~n
~ of p~ b~ ~om ~e ~n~ador, ~e ~ate ~ submit
~ b~ ~ ~e F~ ~v~t for ~t of
~d~g ~on of ~ b~.
Me~ C- ~e Ag~ may submit vou~e~ to ~e State
~ fo~t ~ by ~e S~te, ~ q~p~te, not more
~ ~ m~ ~ ~ ~ e~hie for F~ ~fid~on to ~e
~t~t ~at ~ ~ ~ ~y at~butable ~d ~o~ly ~l~ble
~ ~b ~. ~m by ~e ~ A~cy for ~e
~ m~, 8~ a~a6on, su~,
~e ~te ~ ~b~ ~e Ag~cy for ~e F~ ~e of
~ble ~ ~ ~ in ~e ~o~t ~o~ on ~e fa~ of
a~L At ~ ~ ~ aunt, ~ Ag~cy ~ ~de
d~ta~n ~ ~ ~ ~ on ~e Pro~.
~e S~te ~ b~ ~e Agen~ for ~ ~ ~ by ~e ~te
~ve to ~e ~. ~e ~te ~ a~ b~ ~e Ag~ for ~e
f~ ~ ~d by ~e ~te to ~e Agen~ for pro~ ~ w~
~ ~6y d~ to ~ ~e~ble for f~m~ p~d~
~ ~on ~ID.
~1. A~ ef F~ml Aid ~Jeet
___ ~,A~, ~ ~ of a ~t ~e t~ sh~ ~
.~aole ~ aunt of ~e ~ns~rs r~ to d~e ~bhi
f~ ~d ~ on ~e ~. ~e t~t of ~d aunt ~ ~ ~ ~e
A~s ~ ~d ~de av~able to ~e S~te
~ a~t ~ ~ ~ndu~ by ~e
s~ ~ ~ by ~e U~t~ S~t~
by ~e ~H~ G~ of ~e U~t~ ~at~; WS~ ~ve
~A; ~d ~ of ~ag~t ~d Buds~ ~ A-128.
~ u~ aunt it b fo~d ~at ove~a~t or ~on of
f~ money ~ ~ble it,s of ~t hm
DOT n~ ~
shall reimburse the S~ate for the amount of such overpayment or
excess partidpation bee Sect/on VIID.
VIII. Payment of Billing
The Agency agrees that ii ~ayment or atrrangement for paymemt
of any of the State's bi~hlg ralative to the project (e.g.. State force
work, project cano.t!~on, overpayment, c'~t ineligible for federal
pertidpation, etc.) is not made to the State w/thin 45 days at't e~ the
Agency has been hill~ the State shall effect ;reimbursement of the
total sum due from the re.ar monthJy f~el tax a~otments to the
Agency from the Motor Vehicle Fund. No additional Federal project
funding W/~ be approved un~ fu.lJ payment is received unless
othe~wLse dizected by the Aa~Lsta~t Se~etacy for Local Prose-ams.
IX. Tmflla ~entml. Signing. Marldng. and Roadway
Malnt®nanee
The Agency ~] not pan~t any changea to be made in the
provisions for par~ing regulations and traffic control on ~ project
w/thom prior approva! of the 5tare a~d Federal ~Jghway
Administration. The Agency w~ not instsll or permit to be inst~11ed
a~y "~Sns, stg~als, or mar~d~ss not in couformanor with the standards
approved by the Federal ~Sbw-ay Administ~ ation and MUTCD. The
Agency will at its own expense, maintain the tmprovemant covered
by this agreement.
X. Indemnity
The Agency shah hold the Federal Gowa-nment and the State
harmless from and shall Process and defend at its own ex]:)e~e all
,-l~.i~.~s, demands, or su~ts, whether at law or equity brought against
the Agency, State, or Fade'al Government, a~ising from the Agency's
execution, performance, or faLtta-e to pe~r form any of the provisions ~
t~s agreement, or of any other agreement or contract connected with
t~s agreement, or arising by reason of the par~ ticipatton of the Stste or
Federal Covernment in the project, PROV DE D, nothing here~ shall
require the Agency to re[mbo.rse the State or the Fedoral Government
for damages arising out of bodily injury to persons or damage to
property caused by c~ tesult~g from the sole negligence of the
Federal Government or the State.
No Lishi~ty shall attach to the State or Parietal Covemment
except as expressly provided herein.
Xl. Nondlsarimlnatlon Provlalon
The Agency hereby agrees that it will inoorporate or cause to be
incorporated into any contract for constructio.n work, or modifica Hon
thereof, as defined in the rules and reguJations of the Secretazy of
Labor at 41 CFR Chapter 60, which is paid for in whole or in part w/th
funds obtained from the Federal Government or borrowed on the
o'ec~ t of the Federal Government ptu'sua~ t to a grant, contract, loan,
insurance, or guarantee or understanding pursuant to any federal
program involving such grant, contract, loan, insurance, or guarantee,
the foUowi~g equal opportunity clause:
"DURL.~C THE PERFORMANCE OF THIS COhrI'RACT, THE
CONTIC~CTOR ACpI:~'~ A~ FOLLOWS:"
(a) The contractor W/~ not discriminate against any employee or
applicant for employment because of race, cohir, religion, sex, or
national origin. The contractor ~ take alfLrn~tatlve action to e~sure
that applicants are employed and that employees are treated during
employment without regard to their race, color, religion, sex, or
national origin. Such ac~on shah include, but :not be Limited to, the
followLng: employment, upgrading, demotion or transfer; reo'uitmeat
or recruitment adverlL~ng; layoffs or termination; rates of pay ot
other forms of compensation, and selection for training, inc]ud~g
apprenticeship. The contractor agrees to post in conspicuous places,
ava~able to employees and applicants for employman t, notices to be
provided by the Agency setting forth the provisions of this
~ondiserimina~on dause.
0)) The contractor W/H, in all selicitatlons or advertisements for
employees placed by or on behalf of the contractor, state that al]
qualified applicants w~l receive consideration for employment
without regard to race. color, retigion, sex or national origin.
(c) The contractor W/~ send to each labo:r 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 olr workers'
representative of the coniractor's commitment, s trader chis Section
! 1-2 and shall post copies of the notice in conspicuous places available
to employees and appfic~nts for employment.
(d) The contractor ~ comply with ali provisions of Executive
Order 11246 of September 24, 1965, a.nd of the rules, regulatiuna, and
relevant orders of the Seo-etary of
(e) The colltractor will fl~rllish ~ information alld reports
required by Executive Order 11246 0f.September 24,1~65, and by the
rules and regulations and orders of the Secretary of Labor, or
pursuant thereto, and will pel'mit a.~ to his books, records, and
sccotu~ts by the Federal Highway Adminis~'ation and the Secretary of
I~bor for purposes of investigation to escertain compliance with such
rules, regulations, and orders.
GO In the event of the contractor's noncompliance with the
nondiscrimination clauses of this cun~'act or with an), of such rules,
reg~alions or orders, this contract may be canceled, terminated, or
suspended in whole or in p~t and the contractor ma)' be declared
ineligible for furthes' ~overnment co~'ac~ or federally ~sedsted
construction cuntracts in e~-cordance with procedures authoidzed in
Executive Order 11246 of September 24, 1965, and such other
s,~nctions may be impo~d ~nd remedies invoked as provided in
Exesuttve Order 1124~ of September 24, 1965, or by rule, regulation,
or order of the Se~etary of Labor, ~x as otherwise provided by law.
~) The contr~--~or will include theprovisions of this Section
11-2 in eve~ subcontract or purchase order unles~ exempted by roles,
r~s~ctt--ulatioi-.s, or orders of the Secretary of Labor issued pu~uant to
on 204 of Executive Order 1124~ of September 24, 1965, so that
such provisions will be binding upon e~ch subcontracior or vendor.
The contractor will take such action with respact to any subcont~ct or
r~r~order es the Agency, Weshington State Department of
tion, or Fesle~al Highway Administratt~ may ~ as a
meuns of e~forcing such provisions including sanctions for
noncomplinnce! Provided. however, that in the event a contractor
becomes involved in, or is Otreatened with, litigotion with a
subconWactor, he may request the United States to enter into such
Iliigotion to protect the interests of the United States.
The Agency ft~-tha~ a~rees that it wt~ be bound by the above
equ~l opportu~ty clause with respect to its o~n employment
practices when it Pa~iclpates in federaliy esalsted construction work:
Provided, that if the applicant so Participating is a State or Local
Government, the above equal opportunit~ clause is not applicable to
any agency, instrumentality, or subdivision of~ch government
which do~ not pa~icipate in work e~ or under the co~tract. The Age~-y also
(1) To a~ist and cooperate actively with the State in obtaJntog
the compliance of con.actors and subcontractors with the equal
opportunity clau~e and rules, regulations, and relevant orders of the
(2) To furnisli the ~tate ~ch information a~ it n~ay req~ir e for
the SUFervisinn of such compliance and that it will otherwise assist
the S~ate in the discharge of its primary responsibility for securing
compliance.
(3) To refrain from enter~g into any contract or contract
modificntion subject to Executive Order, 11246 of September 24, 1
with a contrnclor debarr~l from, or who has not de~onstrated
eligibiJit y for. government contracts and federally essisted
construction contracts pursuant to the Executive Ord.n-.
(4) To carry out such sanctions and Pamdties for violation of the
equal oppor t~rilty claus~ as may be imposed upon contractors and
subcontractors by the State, Federal Highway Administration, or the
Seo'etary of Labor pu~uant to Part 11, subpart D of the Executive
Order.
In addition, the Agency agrees that if it fails or refuses to
comply with these undo-takings, the State may take any or all of the
foliowing actions:
(a) Cancel, terminate, or suspend this a~$eement in whole or in
part;
0)) Refrain from extending any further aasistance to the Agency
under the program with respect to which t~e failure or refusal
occurred until satisfactory assurance of fut~'e compliance has been
received from the Agency; and
(c) Refer the czze to the Department of Justice for appropriate
leg~ procesd~gs.
Xll. Liquidated Damage,
The Agency hereby agrees that the liquidated damages
provisions o/23 CFR Part 6~0, Suhpar t 305, as supplemented, relative
to the amount of Federal Par tict?atioo in the l~roject cost, shall be
applicable in the event the contractor falls to complete the contract
within the contract time. l:ailure to include liquidated damages
provision will not zelieve the Agency from rec[uction of federal
participation in accordance with this paragral~.
Xlll. Termination for Public Conv®nlence
The Secretary of the Washington State D~pari~ent of
Transportation may terminate the contract ia 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 prcceeding with the work
as a direct result of an Executive Order of the President with respect
to the prosecution of w-at or in the interest of rtationa] defense, or an
Executive Order of the President or (~overnor of the State with respect
to the preservation of energy resources.
(3) The contractor is prevented from prcceeding 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 p~rsons or agencies other
than the contractor.
(4) The Seo'etary determines that such termination is in the best
interests of the State.
XIV. Venue for Olalms and/et 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, shah be brought only in the
Superior Court for Thutston County.
Additional Provisions