Washington State Dept of Transportation 11/28/2017

3. The CONTRACTOR shall collect and submit to WSDOT,at such time as WSDOT may require,such financial statements,data,records,contracts,and other documents related to the Project as may be deemed necessary by WSDOT. C. If the project is receiving Transit Coordination or Regional Mobility grant funds,in addition to the requirements from subsection A,the CONTRACTOR shall submit a mutually agreeable Performance Measurement Plan to WSDOT. D. Remedies for Misuse or Noncompliance. The CONTRACTOR shall not use any Project Equipment in a manner different from that described in Exhibit I, Scope of Work and Budget, and the "Service Area" identified in the AGREEMENT header of this AGREEMENT.If WSDOT determines that Project Equipment has been used in a manner different from that described in Exhibit I,Scope of Work and Budget,and/or the"Service Area"identified in the caption space header above, WSDOT may direct the CONTRACTOR to dispose of the Project Equipment acquired by the CONTRACTOR. WSDOT may also withhold payments should it determine that the CONTRACTOR has failed to comply with any provision of this AGREEMENT. Section 12 Maintenance of Project Equipment The CONTRACTOR shall make all necessary repairs and reasonably maintain the Project Equipment to assure it remains in good and operational condition for the useful life of the Project Equipment. All service,materials,and repairs in connection with the use and operation of the Project Equipment during its useful life shall be at the CONTRACTOR's expense. CONTRACTORS who are transit agencies must also have a Transit Asset Management Plan certified by WSDOT.All other CONTRACTORS must have a WSDOT-approved written Vehicle Maintenance Plan or submit one to WSDOT for approval by October 1, 2017, or prior to the receipt of their first grant-funded vehicle. The CONTRACTOR agrees to,at a minimum,service the Project Equipment and replace parts at intervals recommended in the manual provided by the manufacturer of the Project Equipment, or sooner if needed. The CONTRACTOR shall take the Project Equipment to an appropriate service and repair facility for any service and repair under the manufacturer's warranty. WSDOT shall not be liable for repairs. The CONTRACTOR shall retain records of all maintenance and parts replacement performed on the Project Equipment in accordance with Section 19, Audits, Inspection, and Retention of Records. The CONTRACTOR shall provide copies of such records to WSDOT, upon request. Section 13 No Obligation by the State Government No contract between the CONTRACTOR and its subcontractors shall create any obligation or liability for WSDOT with regard to this AGREEMENT without WSDOT's specific written consent, notwithstanding its concurrence in, or approval of,the award of any contract or subcontract or the solicitations thereof. Section 14 Personal Liability of Public Officers No officer or employee of WSDOT shall be personally liable for any acts or failure to act in connection with this AGREEMENT,it being understood that in such matters they are acting solely as agents of WSDOT. Section 15 Ethics A. Relationships with Employees and Officers of WSDOT. The CONTRACTOR shall not extend any loan,gratuity or gift of money in any form whatsoever to any employee or officer of WSDOT, nor shall CONTRACTOR rent or purchase any equipment and materials from any employee or officer of WSDOT. B. Employment of Former WSDOT Employees. The CONTRACTOR hereby warrants that it shall not engage on a full-time,part-time,or other basis during the period of this AGREEMENT,any professional or technical personnel who are,or have been,at any time during the period of this AGREEMENT,in the employ of WSDOT without written consent of WSDOT. Section 16 Compliance with Laws and Regulations The CONTRACTOR agrees to abide by all applicable state and federal laws and regulations including but not limited to,those concerning employment,equal opportunity employment,nondiscrimination assurances,project record keeping necessary to evidence compliance with such federal and state laws and regulations, and retention of all such records. The CONTRACTOR will adhere to all of the nondiscrimination provisions in chapter 49.60 RCW.Except when a federal statute or regulation preempts state or local law,no provision of the AGREEMENT shall require the CONTRACTOR to observe or enforce compliance with any provision,perform any other act, or do any other thing in contravention of state or local law.If any provision or compliance with any provision of this AGREEMENT violate state or local law,or GCB2819 Page 5 of 13