|
•,
<br /> 5
<br /> 3.In the event any portion of the Project sustains disabling damage,the CONTRACTOR shall notify WSDOT immediately after the
<br /> occasion of the damage,including the circumstances thereof.
<br /> 4.The CONTRACTOR shall collect and submit to WSDOT,at such time as WSDOT may require,suchfinancial statements,data,
<br /> records,contracts,and other documents related to the Project as may be deemed necessary by WSDOT.
<br /> C. Remedies for Misuse or Noncompliance. The CONTRACTOR shall not use the Project or any part thereof in a manner
<br /> different from that described in Exhibit I, Project Scope, Schedule and Budget, and Attachment A, as set forth in Section 2 of the
<br /> AGREEMENT. If WSDOT determines that the Project has been used in a manner different from Exhibit I,Project Scope, Schedule
<br /> and Budget, and Attachment A,WSDOT may direct the CONTRACTOR to repay WSDOT the State funded share of the"Project
<br /> Costs."WSDOT may also withhold payments should it determine that the CONTRACTOR has failed to comply with any provision of
<br /> this AGREEMENT.
<br /> Section 10
<br /> Maintenance of the Project
<br /> The CONTRACTOR shall make all necessary repairs and reasonably maintain the Project to assure it remains in good and
<br /> operational condition until the end of its useful life. All service,materials,and repairs in connection with the use and operation of the
<br /> Project during its useful life shall be at the CONTRACTOR's expense. CONTRACTORS who are transit agencies must also have a
<br /> Transit Asset Management Plan certified by WSDOT that details the transit agency's plan to maintain the Project. All other
<br /> CONTRACTORS must submit a written Maintenance Plan to WSDOT for approval prior to the occupation and/or operations of the
<br /> Project. The CONTRACTOR agrees,at a minimum,to maintain the Project and service or replace parts at intervals recommended in
<br /> the manuals and/or instructions provided by the subcontractors and/or component manufacturers, or sooner if needed. The
<br /> CONTRACTOR shall have the Project routinely inspected and make arrangements for any appropriate service and repair under the
<br /> manufacturer's warranty. WSDOT shall not be liable for repairs. The CONTRACTOR shall retain records of all maintenance and
<br /> parts replacement performed on the Project in accordance with Section 21, Audits, Inspection, and Retention of Records. The
<br /> CONTRACTOR shall provide copies of such records to WSDOT,upon request.
<br /> Section 11
<br /> General Compliance Assurance
<br /> The CONTRACTOR agrees to comply with all instructions as prescribed in WSDOT's "Guide to Managing Your Public
<br /> Transportation Grant."The CONTRACTOR agrees that,WSDOT and/or any authorized WSDOT representative,shall have not only
<br /> the right to monitor the compliance of the CONTRACTOR with the provisions of this AGREEMENT,but also have the right to seek
<br /> judicial enforcement with regard to any matter arising under this AGREEMENT. It is understood by the CONTRACTOR that this
<br /> assurance obligates the CONTRACTOR and any transferee of the CONTRACTOR,or said transferee's successor(s), for the term of
<br /> this AGREEMENT."
<br /> Section 12
<br /> Compliance with State Design Standards
<br /> The CONTRACTOR agrees the Project design must comply with all Washington State Standard Specifications for Road,Bridge,
<br /> and Municipal Construction(www.wsdot.wa.gov/Publications/Manuals/M41-10.htm),and any revisions thereto.Projects that wish to
<br /> use design standards that differ from state standards must submit a request to WSDOT's Public Transportation Division and obtain
<br /> documented approval before design work commences.
<br /> Section 13
<br /> No Obligation by the State Government
<br /> No contract between the CONTRACTOR and its subcontractors shall create any obligation or liability of WSDOT with regard to
<br /> this AGREEMENT without WSDOT's specific written consent,notwithstanding its concurrence in,or approval of,the award of any
<br /> contract or subcontract or the solicitations thereof and the CONTRACTOR hereby agrees to include this provision in all contracts it
<br /> enters into for the design,acquisition, and construction of facilities and/or infrastructure related to the Project,or the performance of
<br /> any work to be accomplished under this AGREEMENT.
<br /> Section 14
<br /> Ethics
<br /> A. Code of Ethics. The CONTRACTOR agrees to maintain a written code or standards of conduct that shall govern the
<br /> performance of its officers,employees,board members,or agents engaged in the award and administration of contracts,and agrees to
<br /> comply with chapter 42.52 RCW.The code or standards shall provide that the CONTRACTOR's officers,employees,board members,
<br /> or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from any present or potential contractor or
<br /> Everett Transit/GCA 6116 Page 4
<br /> 13
<br />
|