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<br /> WSDOT hereunder exceed the"State Regional Mobility Grant Funds" identified in the caption space header above titled"Project
<br /> Costs."
<br /> B. Payment will be made by WSDOT on a reimbursable basis for actual costs less any pre-payment discounts,rebates,late penalties
<br /> and/or refunds. The CONTRACTOR may submit to WSDOT requests for partial payment for eligible costs incurred no more than
<br /> once per month and the CONTRACTOR shall submit to WSDOT an invoice or financial summary of the activity of the Project at
<br /> least quarterly. Payment is subject to the submission to and approval by WSDOT of appropriate invoices, reports, and financial
<br /> summaries.No payment will be made for eligible work done prior to the execution of this AGREEMENT.Invoices with instructions
<br /> will be supplied by WSDOT in an appropriate format following execution of this AGREEMENT.Reimbursement instructions are also
<br /> detailed in WSDOT's Guide to Managing Your Public Transportation Grant.
<br /> C. The CONTRACTOR's final payment request must be received by WSDOT by July 15,2011,within 30 days of the completion of
<br /> the Project,or within 30 days of the termination of this AGREEMENT,whichever is sooner. Any payment request received after July
<br /> 15,2011,will not be eligible for reimbursement.
<br /> Section 8
<br /> Assignments,Subcontracts,and Leases
<br /> A. Unless otherwise authorized in advance in writing by WSDOT, the CONTRACTOR shall not assign any completed Project
<br /> facilities and/or infrastructure under this AGREEMENT, or execute any contract,amendment, or change order thereto pertaining to
<br /> the Project or obligate itself in any manner with any third party with respect to its rights and responsibilities under this AGREEMENT
<br /> or lease or lend the Project or any part thereof to be used by anyone not under the CONTRACTOR's direct supervision.
<br /> B. The CONTRACTOR agrees to include Sections 11, 12, 13, 14D, 14E, 15, 16, 17, 18, 20, 21, 23, 24, 25, 26 and 27 of this
<br /> AGREEMENT in each subcontract and in all contracts it enters into for the employment of any individuals, procurement of any
<br /> materials,or the performance of any work to be accomplished under this AGREEMENT. It is further agreed that those clauses shall
<br /> not be modified, except to identify the subcontractor or other person or entity that will be subject to its provisions. In addition,the
<br /> following provision shall be included in advertisement or invitation to bid for any procurement by the CONTRACTOR under this
<br /> AGREEMENT:
<br /> Statement of Financial Assistance:
<br /> "This AGREEMENT is subject to the appropriations of the State of Washington."
<br /> Section 9
<br /> Reports and Project Use
<br /> A. The CONTRACTOR agrees that the Project shalfbdor—ht a provision of transportation services within the area described in
<br /> Exhibit I,"Project Scope, Schedule and Budget" and Attachment A for the Project's useful life as set forth in WSDOT's "Guide to
<br /> Managing Your Public Transportation Grant." The CONTRACTOR further agrees that it will not use or permit the use of the Project
<br /> in a negligent manner or in violation of any law,or so as to avoid any insurance covering the same,or permit the Project to become
<br /> subject to any lien,charge,or encumbrance.Should the CONTRACTOR unreasonably delay or fail to use the Project during its useful
<br /> life, the CONTRACTOR agrees that it may be required to refund up to the entire amount of the "State Regional Mobility Grants
<br /> Funds" expended on the Project. The CONTRACTOR shall immediately notify WSDOT when any Project facilities and/or
<br /> infrastructure is withdrawn from Project use or when the Project or any part thereof is used in a manner substantially different from
<br /> that identified in Exhibit I, "Project Scope, Schedule and Budget" and Attachment A. If the Project is permanently removed from
<br /> transportation services, the CONTRACTOR agrees to immediately notify WSDOT of its intentions regarding the disposal of the
<br /> Project or any part of the Project thereof.
<br /> B. Reports. The CONTRACTOR shall submit quarterly reports to WSDOT for the period from July 1,2009,through June 30,2011,
<br /> regarding the progress of the Project and annual performance reports for the period from July 1, 2011, through June 30, 2015, as
<br /> prescribed in WSDOT's "Guide to Managing Your Public Transportation Grant" or as WSDOT may require, including, but not
<br /> limited to, interim and annual reports. The CONTRACTOR shall keep satisfactory written records with regard to the use of Project
<br /> and shall submit the following reports to,and in a form and at such times prescribed by, WSDOT for the Project's useful life as set
<br /> forth in WSDOT's "Guide to Managing Your Public Transportation Grant."
<br /> 1. A final inspection report within ninety(90)days following completion of the Project and submission of the final billing for the
<br /> Project.The final inspection report shall be submitted to the Public Transportation Director or designee.
<br /> 2. Reports describing the current usage of the Project and other data which WSDOT may request from the CONTRACTOR by
<br /> memos,e-mails or telephone requests.
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