HomeMy WebLinkAbout48181
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ORDINANCE NO. 4 8 i 8
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 SIGNAL
INTERCONNECT SYSTEM.
WHEREAS, the City Council of the City of Auburn must
adopt and approve all appropriations by Ordinance pursuant to
Chapter 35A.33 RCW; and
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 expenditure and appropriation of
Federal ISTEA Grant Funds in the amount of $327,670.00 with
local matching funds of $54,330.00 from the 102 Gas Tax Fund
to prepare and implement the signal interconnect system.
Local Agency Agreement No. LA-1576 between the City and the
Washington State Department of Transportation approving said
Agreement is attached hereto as Exhibit "A" and is
incorporated herein by reference.
8eot~on 2. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
Ordinauce No. 4818
Decembex 5, 1995
Page i
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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.
ATTEST:
INTRODUCED:
PASSED:
APPROVED:
CHARLES A. BOOTH
MAYOR
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
Michael'S. Reynolds,
City Attorney
Published:
Ordinance No. 4818
December 5, 1995
Page 2
/'"- ~ AppENOIX ~I.2~
cITY OF AUBU~
~/5/93
TT'e C ty/Coun,'y of
WASNINGTON STATE
DEPARTMENT OF TRANSPORTATION
CITY,~OUNT'Y AGREEMENT
SUPPLEMENT NO. 1
~.-9999 (118)
LA1576
exes:: as exotl#ly moc~ified Dy ~4s
PROJECT DESCRIPTION
Na-e Signal Interconnect - PR 511
Lenglh N/A
Ter~ir.i City CBD & Arter~nl~
Oes¢,~:~ofW0~-This project consists of 3.nstallation of traffic control in~
cable sig~n] controllers, and supervisory oJt~ter equi.~ent intended to implement a traf
responsive coordinated signal syste[u for the City of Auburn's central business district a
ReesonlorSul:)'"'~ement the adjacent fee~ arterial and collector street syst~n. Cnhle wou
be ins~led in both existing and new du~cs, and c~ existing utility poles.
Preliminary engineering c~t~leted.
Design/construction funds requested.
ESTIMATE OF FUNDING
TYPE OF WORK (1) (2) (3) I (4) ~ (S)
'. P.F, & Age~cyWo~'k 10,000. ...St.O.O..O' .... 15,000 I 2,530 i 12t470
:. .... ::::::::::::::::::::::::::::
c. Stl,J Sef~cfl 953 1.047 2.000 335 1.665
d. Tm-' ~ C0~t E~m~m Ia+~+c} 29 f 953 52 { 047 82 ~ 000 13,830 68; 170
e. Agac~y Work .............. , .......................... ~ .......................
,. i ................. -: .......... ;31 ..... , ..........
g. StAts ~ N/A
in. To:al R/VV Coat Eszimate (e+f-,~) N/A
{ Con~t~u~tbn 288,000 288,000 38,880 1249,120
{. i.o~ .............. , ,
t · I. O~r
~_~n 288,000 i 3~,$$0 i24~,120
m, TotaJ Contrect CosIs
t Co~s:r uct;on Engineel'ing 10,000 '10,000 t 1,'~0 8,650
n Agen.-'y
=. Toter Oonet Engii'~le6ng
,. To~ Contr. C~ Ea~mate (m+~) ! 100r 000 300{000 40,500I i259,500
TOTAL COST rr~TIMATE
OFTHEPROJEGT(d+h+0 t 29~953 152,047 382,000 I 54,330 .327,670
· FeCe:a{ Da~ic;.-~,i-- in Conatmct~n
...... y ~c,n,~ ~ -/ / W~INGTON ~ATE
· * ~nsmion F~. ~tch = 86.5%
CON~FIUCT1ON METHOD OF FINANCII~. (Check Method SMctad)
STATE AD & AWARD
METHODA __ AdvancoPa~menl-AgancyShereMTctMConstroc~onColt(BasedonCorreactAwancJ) ..................................... ( )
METHOD B -- Withhold From Gas Tax the Agency's Share of Total Construction Call (1ins r., c~. 2)
in the amount of S arS__ per mon~ for __ months .................................... ( )
LOCAL FORCE OR LOCAL AD & AWARD
METHOD C X Agency Cost Inourred with Partiei Raimbursement ................................................................................................... (X)
The Local Agency further stipulates that pursuant to said 'litle 23, regulations and policies and procedures, and as a condi-
tion to payment of the Federal funds obl~a, ted~ it accepts and will comply with the applicable provisions set forth below.
Adopted by official action on . ~ ,19 , Resolution/Ordinance No.
AGENCY OFFICIAL
BY:~ er ~
BY:
I SCOPE OF WORK
PROVISIONS
The Agency shall provide all the work, labor, materials aAd sewibas
nocassary to parform the p~e~ which is deechbed and sM forth th detail
in the 'Pmjeot Description' and "Type of
Whefl the State acts fo~ and on behett of the Agency, the State sheJI
be deemed an agent of the Agency and shall pedorm the sarWCes
described and indicated in 'Type of Work" on the face of this agreement, in
~ ~ _~'~-~d~nae with plans end sp~ons as prof~asd by the Agoncy and
~l~ed by the State and Federal Hig~y Administra~on.
When the State asts for the Agency but not subiect to the fight of con-
trof by the AgarTey. the State shall have the right to perform the work su~ect
to the ordinary procedures of the State and Federal Highway Administra-
ttop.
II DELEGATION OF AUTHORITY
The State is acting to fulfill the responsibilities fo the Federal Govern-
merit by the administration of this project. The Agency agrees that the State
shall have the full authority to ca~y out this administration. The State shall
revieW, process and approve documents required for Fede~st-aJd reim-
bursement in accordance with Federal requirements. If the State adver-
rises and awm'ds the contract, the State will further act for the Agency in All
matters concerning the project, as requested by the Agency. If the LecaJ
Agency advertisas and awards the project bsa State shall review the work
to insure conformity with the approved plans and spocttications.
Il PROJECT ADMINISTRATION
Certain types of wod; and services shell he provide~l by the Stem on
1Ns project as requested by the Agency and described in the 'Type of
Work" above. In addition, the State will furnish qualified porsonnal for the
supendaion and inspection of the work in progress. On local agency adver-
tie, ed and awarded projects, the euPenAsion and inspection shall be limited
to ansmthg all work is in conformaflco with approved plans, sprKificahons
a~d Federal-aid requirements. The salary of such engineer or other super-
vmor ~ all other salaries and costs incurred by State forces upon the
projeot will be considered a cost thereof. All costs related fo this project
irtcurred by empfoyeea of the State in the customary manner on highway
payrolts ancI voocflors shall be charged as costs of the propct.
W AVAILABILITY OF RECORDS
All project records in support of all costs incurred and actual expondi-
tums 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. Deparlment of Transportation and Washington
Department of Transportation. The records shall be open to inspection by
the State and Federal Govemmem at aif reasonable times and shall be
retained and made availal:~e for such inspection for a pofiod of not less
than three years from the final payment of any Federal-aid funds to the
Agency. Copies of said records shaJI be furnished to the State and/or Fed-
eral Government upon request.
WASHINGTON STATE
TION
V COMPUAN(~ WITH PROVISIONS
The Agenoy ~ not in(~r any Federal-aid per.don costs on any
claxsificalfon of work on tht~ pmiect until authorized in writing by the State
for eash ~ The cla~ir~atfons of work tix ixoiocte am:
2. Proplratinfl of Plans. SprK:ifications, and Estimates
4. Prq.ct Car, stmctibn
In the evem that Right-of-Way acquisition for, or actual construction of
the road foe' winich Praliminmy Engineadng is undertaken ia not started by
the ctosing of the fifth fie=al year tollowtog the fiscal yasr in wNch the ogree-
merit is executod, the Agoncy v~ repay to the State the sum or sums of
Federal fonds paid fo the Agency under the torms of mis agrasment. (See
Se~on VIII.)
The Agency a~reas that all stages of consth~tion necossar/to pro-
vide the ~ planned complete facility, within the limits of this projoct, will
conform to at least the minimum vaiuee aet by apgroved AASHTO design
standards agg~ to this ~ of highways, even though such edditional
work is finonced without Federal-aid participation.
The Agency a~'eas that on Federal-md highway construction projects
the current Fedmai-ald regulations which apply to liquidated damages rel-
ative to the basis of Federal partiapation in the project cost shall be appli-
catole in the event the can=actor fails to comp]eta the contrac~ w~thJn the
contract time.
VI PAYMENT AND PARTIAL REIMBURSEMENT
The total coal of the proj~ect, incfudipg all review and enginemthg costs
and other ex~ensi~ of the State. is to ha paid by the Agency and by the
Fedm'al Govemmm~ Fedorai funding shall be in accord with the Surface
Transportalfon A.~istanco Act 1978, Tdte 23, United States Code, as
amended, and O~ce of Managemonl and Budget Circutsm A-102 and
A-128. The State sha~ not be ultimately rasponsi~e for art/of the costs of
the project. 'rbe Agency shell be ultimately responsible for all costs associ-
atnd with the pa~ect wfdch are not reimbursed by the FedMal Government.
Nothing in Ihis ogroemant shall be construed as a promise by the State as
to the amount or nature of Fedorai participation in this project.
1. Prallmlniry Engineering, Right of Way Aogutsttton end Audit
The Agency will pay for Agency incurred costs on the project. Follow-
lng such payments, vouchers shall be submxted to the State in the format
p~ascfibed by the Stale, 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 tor Federal parlicipation to the
extent that such costs are directly attributable and propedy allocable to this
project. Expendhuras by the LocaJ Agency for the establishment, mainte-
nance, generst administration, supervision, and other overhead shall not
be eligible tot Fed~'ai participation.
The State will pay for State incurred casts on Ihe project. Following
payment, the State shstl bitl the Federal Government for reimbursement of
those costs eligib4e for Federal par~cipation to the extent that such coats
W e_._n_n.T. U~E ONLY
&~ENCY NAME & BILLING ~DDRE~' FEDERAL NO IqlOJECT NIJ~/~ER
CITZ O~' AU~U~:~ WASHINGTON STATE
25 ~ lv~/2q DEPARTMENT OF TRANSPORTATION AQRSEMF~NUIdesR
A[~J~i, ~ 98001-4998 CITY/COUHTY AGREEMENT L~ 1 5 7 6
The Local Agency having compiled, or hereby agreeing to comply, with the terms and conditions set forth in (1) T~e 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-ald Project Agreement entered into between the State and Federal Government, relative to the al:~ove p~oject, 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 authonty 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 TRAFFIC SI(~AL INrm~Tc~T (~. /tiP. 297)
Oes~riptlon of Work This project cc~.s/sts of installatic~ of traffic ~ztrol Lntercc~mect cable,
sigr~l cc~trollers, arid su~.rviso~ ~.~,%~uter equi[~ae~t intended to i,~ [e~ent a traffic
responsive coorclinated sit-.al system for the City of Auburn's central bus/ness district and
the adjacent fee,~- arterial and collector street syste~n, c~hle would be installed in both
ESTIMATE OF FUNDING
TYPE OF WORK (1) (2) (3)
PROJECT FUND~ FUN[~ FEDERN. FUND~
P.E. a. AgencyWork 10f000 ,1, ~82 ,8. t313
c. State Services __~53 161 792
d. Total PE Cost Estimate (a+b+c) 29,,953 ,5,05~ 24,90.0
Right-of-Way e. Agency Work ...............................................
f. Other ........................................................................
g. State Se~ces
h. Total R/W Cost Estimate (e_+f+g)
Construction i. Contrac~ ........................................................................
j. Other
k. Other
I. Other
m. Total Contract Costs (i+j+k+l)
Construction Engineering
n. Agenoy ........................................................................
o. Other
p. State Forces
q. Total Const. Engineering (n+o+p)
r. Total Const. Cost Estimate (m+q)
$. 7OTAL ~.7~¥ ~J~ .teATE
O~ THE PRO, C-CT (d+h+r) 29 · 9 ~3 5,0~3 24,900
Federal part c pa~,n n C~,~[,uC~n Engineedng (q) is limited to 15% of the Total Contract Co,ts. (line m. calumn 3)
11~e Fe~,,c,l-aid panJcipation rate in this p~ect will be determined by the Feds'al Government. The parties expect that it will be ~,L~,.
however, it is understood that the rate may vary. The Local Agency agrees that this agreement is entered without relying upon any
re~'e~entatJon by the State made outside of this contract, or contained herein, as to what the Federal pa~cipation rate will be. It further
agrees that it will not condition any future anions with respect to the p~oje~t covMed by this agreement upon past. c~rr~t, o~ future
representations as to the Federal pmlidpation rate. The dollar amount of Federal participation cannot exc~mcl Itm amount shown in line
s., column (3), All costs not reimbumed by the Federal Government sllall be the rasponrdbllity of the Local Agency,
~e dmc~, am'ibutat~ a~l pm~ly ~k3ca~ this prc~ect. The S~
~ ~ ~ ~ ~r ~at ~ ~ S~ ~sts ~i~ were ~t rei~
~ ~ ~ ~ ~n~. (~e 5~ VIII.) ~ ~ ~on Co8~
~ ~nst~ fina~i~ ~11 ~ a~m~h~ by one of t~
· r~ me~ as i~l~ in ~is ~me~.
M~D "A":
~ ~e~ ~11 ~ace ~ ~ ~te, ~ ~ (20) days
~ ~ ex~on of ~ ~ ~n~ ~ ~e in ~
~ of ~e ~'s ~me of ~ ~ ~n ~at ~ on
~ ~ aw~. ~ S~ ~11 ~ ~e ~ of ~ exa~
~ u~er ~ ~tr~ u~ ~ ~ ~e~ ~lli~s
~ ~ ~ntra~or. Fdil~ s~ ~ym~, ~ StYe ~ subm~ a
~ ~ ~e F~r~ ~emm~ fm ~ F~ ~fion
~ ~ ~s~ ~ ~ ~ ~ ~ ~l~i~ ~ State ~1
~ ~ Ag~ ~ffi a fln~ ~lli~ ~ ~ ~ due t~
~e ~ ~e a~um due ~e ~e~. ~is ~B~ ~11 ~ dem~ ~
~ a ~ymem ~om ~e ~e~ to ~e State ~ ~ a rofu~ from ~e
~ta ~ ~e ~.
METHOD "B":
The Agency's share of the total constru~ton sost as shown on
~ tase of thie agreement shall be withheld from i~ mon~ ~ tax
attotn~nto. The face of ~ agreement astablishes the months in
~ I~e ~ shall take place and the exact amount to be
with,~3 each ,T,G,'~th. Tk.3 ax'tant of withholding ~,ill be confirmed by
letter from the State at the time of contract award. Upon receipt of
prograss billings from the contractor, the State will submit sucfl billings
to tho Federal GoVernment for payment of its participating portion of
Such billings.
METHOD "C":
'ThO Agency may submit vouchers to the State in the format pre-
scribed by me State, in quadruplicata, not more than once par month
fo~' those costs aligibie for Federal participatiofl to tho extent that such
costs are dJroctly attributable arid properly aliocMide to this project.
Expenditures t3y the Local Agency for the establishment, malnte-
flatlco, general administration, supeP~siofl, ancl other overhead shall
not be eligible for Federal participMion.
The State will reimburse the Agency for the Federal share of ali-
gibie project costs up to the amount shown on the face of this agree-
mM'iL At the time of audit, the Agency will provide documentation of
MI costs incurred on the project.
The State shall bill the Agency tor all costs*incurred by the State reiS-
five to the project. The State shall also bill me Agency for the Fecieral tor~ls
paid by the State to the Agency for project costs which are subsequently
determined to be ineligible for Federal patlicipation (See Section VIII).
VII AUDIT OF FEDERAL AID PROJECT
The Agar~cy. if services of a Consulten~ are require(:l, shall be respon*
~ole for audit of the Consultant's records to determine eligible Federal-aid
COSts on me project. The report of eaicl 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
a~d Budget Circular A-126.
If uprxl audit it is found that an ovm'payment, or parlicipation of Fed-
erat money in ineligible items of cost, has occurred, the Agency shall reim-
bume the State for the amount of such ova'payment or excess
participation. (See Section VIII.)
VIII PAYMENT OF BILLING
The Agency agrees that if payment or arrangement for payment of
a~/of the $tata*e bi/ling relative to the project (e.g. State force work. prolect
cancelation, oveq3aymont, cost ineligible for Federal participation, etc.) is
not marte to the State within 45 days alter me Agency has been billed. ~he
Stale shMi effect reimbursement of the total sum due from the regular
monthly fuel tax allotments to the Agency from the Motor Vehicle Fund. No
additional Feclerel project funding wilt he approved until full payment is
received unless otherwise directed by the Assistant Secrsta/y for Local
Programs.
IX TRAFfiC CONTR~/'~GNING, MARKING, · ROADWAY
MAINTENNJCE
for par~ ntgulatioM arid traffic contr~ on ~ p~ject w~hout prior
approval of tho State and Federal Highway ~n. The Agency will
not install or pMmit to be installed any signs, Mgnsb or markinga not in con-
tonnance wi~ ~e atandard~ approved by the Feda~ Highway Admidistra-
tion and MUI'CD. The Agency will, at itl esm eq)ense, maintain me
imlxovarnont covared by this agreement.
X INDEMNr~
The Aglm'y shall hold the Federal Govemme~ and the State harm-
less from arid ~ process and befefld at its ovm oxpeflse, all claims,
demands, or suits wbelhor at law or equity txno~t agmnst me Agency.
State or F.G,.,,,; Government, arising from the A~i.-~y's execution, porfor.
mance, or fa~Jro to parform any of the prOViSiMB of Ibis agrsemont, or of
bY reason o~ the parlicipation of Ihe State or Fndmal Government in the
project. PROVE)ED, nothing herein shall require the Agency to reimburse
Ihe Stale or the Federal Government for damages arisJng out of bodily
injury to ~ or damage to property caused by ar resutting from the
We no~ Mlhe Federat Government orthe Stale.
No li~ shall attanh to the State or Federal Gevemmem except as
X] NONDI~C~BENA'I1ON PFIOVI~ION
Tbe Agency hat'edy agrees that it will inc~oifx]rate or ~ to be incor.
detinad in me raise and reeulMion8 of the Se(~ of Labor at 41 CFR
Chapter 60. wilidl is paid for in whole or th patl with lunds obi~alnsd f. mm
the Federal Government or borrowed on the cro(M of 1ho Fnderal Govarrl.
morit pursuaM to a granl, contract, loan, inmJ~&F~m or guarantee or ueder-
.taken pursuam to any Federal program invoMng auch grant, contract, loan,
~nsurance or guarantee, the following equal ~ douse:
"DURING THE PERFORMANCE OF THIS CONTRACT, THE CONTRAC-
TOR AGREES AS FOLLOWS:"
(a) The so~ractor will not discriminats against any enaployee or appli*
cant for emplcymant because of race, color, rali~ sex, or nationaJ origin.
The cor~'actor wil take elfwmative action to m that abpaca~ts are
employed and ~at emptoyeee are treated du~ emptoymont without
regard to their race, cokN*, religion, sex or natkmal chgin. Such action shall
include, but nM be #mitad to the following: employment, upgrading, demo-
Iron or transf~, reoruitment or recruitment advmlising; layoffs or ternfina-
tion; rates of pay or other forms of compensation and salection for training.
incfuding app~cticeship. The contractor agrees to post in consplcoous
ptscec, evallMito to emptoyees and applicants for employment, notices to
be provided by the Agency sattlhg forth the proviskxis of thie noedischmi-
nation c~ousa.
(b) The conlrector will. in all selkMedons or adverlisemonts for
employses Maced by or on behalf of the contractar, state that all qualified
applicants wi recoWe consideration for emplbymant without regard to
race. cotor, relgion, sex or national origin.
(c) The co~tractor will sand to eant, labor union or representative of
workers with which be has a collective bargaining agrsemM~t or other con-
Irect or undee, l~anding, a notice to be im:wlded by the Agency advising the
smd labor umon or workers' representative of Ibe confrantor's commit.
merits undor this section 11-2 and shall post copies of Ihe nctice in conspic-
uous places available to emptoyeec and app4iconts fei* emptoyment.
(d) The contractor will comply with all p'ovisicns of Executive Order
11246 of September 24. 1965 and of the rtdes, regulations and relevant
orders of me SecTatary of Labor.
(e) The contractor will furnish all information and reports required by
Executive OMer 11246 nt September 24. 1965 and by the ruJeS and regu-
lations and (3edem of the Secretary of Labor, or pu~,uant thereto and will
permit access to his books, records and accounts by the Federal Highway
Administrabon and the Secretary of Labor for pu~posas of investigation to
aecenain compliance with such rutss, regulations and ordel*s.
(f) In me event of the contractor's noncompliance with the nondischm-
~nation clarr*aas of this contract or wtlh any ct such mtss, regulations or
orders, this conlract may be canceled, terminated or suspended in whole
or in part and the contractor may be declared inalig~ble for further Govern-
ment conb'acts or Federally assisted censtruction contracts in accordance
with procedures ~uthorized in Executive Order 1124~ of September 24,
1965 and such other sanctions may be imposed and remedies invoked as
provided in Execulwe O*'ber 11246 of Septsmbor 24, 1965 or by rule, reg-
utation or order of me Secretary of I =_h,~_, or as olhemnse provided by law.
(g) Tt~ contractor will include the pzovi.~3~ of this section 11-2 in
every su/z~::ontract or purchase order ~ exempted by rules, rsgulations
or orders of the Seoretary of ~ iea~md p~muant to Section 204 of Exec-
ulive Order 11246 of September 24, 1965 so that suc~ ixoviaOnS will be
binding upon each subcontrantor or vendor, l~e cor~'actor will take such
action with respect to any subcontract or purchase order as the Ager~y,
WA Dept. of Transportation or Federal Highway Administration may direct
as a means of enforcing ouc~ proVminns im:luding sanctions for noncom.
ptiance: Provided. however, that in ~e event · contractor becomes
involved in, er is threatened with liligalion with a subcontractor, he may
request the United States to enter into such litigation to protect the interests
of the United Slates.
'rhe Agency further agrees that it will be bound by the above equal
opportunity clause with respect to its ovm employment practinss when it
partictpatss in Federally assisted ~ work: Provided. that if the
apldicant so pexlicipating is · State or local government, the above equal
The Agency also agrees:
(1) To assist and cooperate aclivaly wi~ the State in ni3tatoing the
compliance of contractors and sulx:entrectors with the ague] opportunity
clause and rules, rogutations and ralevar, t om~rs of the Secre.~a.-¥ of Labor.
(2) TO fu~'nish the State such ~ as it may require for the
m~benY~on of such compltanoe and that it wil othenvise asaist the State in
(3) To refrain from entering into any contract o~ contract modif'~ali~n
s~ject to Executive Order, 11246 of September 24, 1965 with · contractor
deban'ed from. or who has not dorr,~'~s~tad el~lity for. Government
(4) To carry out such sanctions and peneJlies for vialation of the equal
oppommity clause as may be im~ upon contractors and subcontrac-
tom by lbo State, Federal Highway Admin~tin~ or the Secretory of Labor
pursuant to Part II, aubpart O of the Executfve On:tar.
to eddition, tbe Agency agrees thru it it fa~ or refuses to comply with
these undertakings, the Sbae may tai<e any or all of tbs following actions:
(e) Cancel, terminate or suspend fl~s agreement in whole or i~ part:
(b) Reh'aln from extending any fur~er assistance to the Agency under
the program with re~oect to whic~ the lailure or re~ ~E~ u~l sat-
~ ~sur~ of lucre ~ ~ ~ r~ from ~
~; ~d
(C) Refer ~ ~e to ~ ~m of ~ for ~riate lagai
~1 U~DA~D D~GE~
~ ~ ~ ~s ~ ~e I~u~ d~ages pmvisio~ of
~ C~ P~ ~, ~ C ~d ~ume 6, ~ 3, S~on 1 of the
F~N-~ H~ay ~am ~, ~ ~m~. ~afive to ~e
~nt ~ ~ f~ to ~eto ~ ~ ~n ~e ~a~ time.
F~re ~ i~ude I~u~ ~s ~ ~1 ~t ~ie~ ~e
~m ~n of F~ ~ in ~ ~ ~is ~agr~h.
~11 ~R~N ~R ~ ~NVE~E
. ~ S~, W~ S~e ~ of Tr~s~tlon may
t~e ~ ~ ~ ~,~ ~m ~ ~ ~ ~ ~, ~or:
(1) ~e r~e F~ ~ ~ ~v~f~ta thigh f~re
~ ~a~ ~ o~e.
(2) ~ ~~m~ ~ ~ a
· r~ msu~ of ~ ~ ~ of ~ ~ ~ r~ ~ ~ ~.
~ ~ w~ ~ in ~ i~ero~ ~ ~fi~ ~; ~ ~ ~ecu~s O~er
~ ~ P~t ~ ~ ~ ~ S~e ~ r~ to ~
~ ~ r~u~;
(3) ~b~~~rea-
~t~~ ~~is ~m~
(4) ~ ~ ~t~ ~t ~ ~ ~ in t~ ~t int~-
XIV VENUE FOR CLAIMS AND/OR CAUSES OF ACT1ON
For the convenience of the parties to this cor4rect, it is agreed that any
claims and/or causes of e__"~o't_ which the ~ Agency has against the
State of Wexhingto~, growing out of this contract or the project with which
It is conoemed, sttal! I~e Ixou~t only in the ,Sul;:~ior Court for Thurston
ADDITIONAL PROVISIONS