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responsibilities under this AGREEMENT or lease or lend the Project or any part thereof to be used by anyone not under
<br /> the CONTRACTOR's direct supervision.
<br /> B. The CONTRACTOR agrees to include Section 3, Sections 11 through 25 and Section 29, Section 32 and Section 33
<br /> of this AGREEMENT in each subcontract and in all contracts it enters into for the employment of any individuals,
<br /> procurement of any materials, or the performance of any work to be accomplished under this AGREEMENT. The
<br /> PARTIES further agree that those clauses shall not be modified, except to identify the subcontractor or other person or
<br /> entity that will be subject to its provisions. In addition,the following provision shall be included in an advertisement or
<br /> invitation to bid for any procurement by the CONTRACTOR under this AGREEMENT:
<br /> Statement of Financial Assistance:
<br /> "This AGREEMENT is subject to the appropriations of the State of Washington."
<br /> Section 12
<br /> Reports and Project Use
<br /> A. The CONTRACTOR agrees that the Project shall be used for the provision of transportation services within the area
<br /> indicated in Exhibit I,Project Scope,Schedule and Budget for the term of the Project's plus four years after the project is
<br /> complete, as set forth in WSDOT's Consolidated Grants Program Guidebook, and any amendments thereto, or the
<br /> Regional Mobility Grants Program Guidebook, and any amendments thereto, whichever is applicable. The
<br /> CONTRACTOR further agrees that it will not use or permit the use of the Project in a negligent manner or in violation of
<br /> any law,or so as to avoid any insurance covering the same,or permit the Project to become subject to any lien,charge,or
<br /> encumbrance. Should the CONTRACTOR unreasonably delay or fail to use the Project during the project term and
<br /> reporting period,the CONTRACTOR agrees that it may be required to refund up to the entire amount of the"State and/or
<br /> Federal Funds" expended on the Project. The CONTRACTOR shall immediately notify WSDOT when any Project
<br /> facilities and/or infrastructure is withdrawn from Project use or when the Project or any part thereof is used in a manner
<br /> substantially different from that identified in Exhibit I,"Project Scope,Schedule and Budget". If the Project is permanently
<br /> removed from transportation services, the CONTRACTOR agrees to immediately notify WSDOT of its intentions
<br /> regarding the disposal of the Project or any part of the Project thereof.
<br /> B. Reports. The CONTRACTOR shall submit quarterly reports to WSDOT for the Term of Project, regarding the
<br /> progress of the Project. If this is a Regional Mobility or Transit project (TIER), annual performance reports for four
<br /> calendar years after the project is operationally complete, as prescribed in WSDOT's Consolidated Grants Program
<br /> Guidebook, and any amendments thereto, or the Regional Mobility Grants Program Guidebook, and any amendments
<br /> thereto,whichever is applicable,or as WSDOT may require,including,but not limited to,interim and annual reports. The
<br /> CONTRACTOR shall keep satisfactory written records with regard to the use of Project and shall submit the following
<br /> reports to, and in a form and at such times prescribed by WSDOT as set forth in WSDOT's Washington State Guide to
<br /> Managing Your Public Transportation Grant, and/or WSDOT's Regional Mobility Grants Program Guidebook, and any
<br /> subsequent amendments thereto:
<br /> 1. A draft Performance Measurement Plan (PMP) must be submitted to WSDOT before submitting the first
<br /> reimbursement request. If the contractor does not submit a PMP and is nonresponsive to requests from WSDOT for
<br /> improvements and information,the contractor may be deemed out of compliance.
<br /> 2.An Annual Performance Report that includes a summary of overall project performance and supporting data.
<br /> 3. Reports describing the current usage of the Project and other data which WSDOT may request from the
<br /> CONTRACTOR by memos,e-mails or telephone requests.
<br /> 4. In the event any portion of the Project sustains disabling damage, the CONTRACTOR shall notify WSDOT
<br /> immediately after the occasion of the damage,including the circumstances thereof.
<br /> 5. The CONTRACTOR shall collect and submit to WSDOT, at such time as WSDOT may require, such financial
<br /> statements,data,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
<br /> manner different from that described in Exhibit I, Project Scope, Schedule and Budget, 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,
<br /> Schedule and Budget, 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
<br /> provision of this AGREEMENT.
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