Washington State Department of Commerce 12/22/2017

SPECIAL TERMS AND CONDITIONS 3. Wages and health benefits associated with the private sector employment 4. Amount of state funds and total capital invested in the project 5. Local fund match and local participation in the project 6. Project Distance from Transportation Infrastructure 11. PROJECT COMPLETION The project shall be completed within two(2)years from the date of contract execution, unless otherwise specified. Extension may be considered upon appropriate written request. Any changes are to be in writing and incorporated into this document as amendments to Special Conditions. 12. PROJECT PERFORMANCE The Contractor's performance shall commence within six months after execution of the Final Contract, unless otherwise specified. Extension may be considered upon appropriate written request.Any changes are to be incorporated into this document as additions or amendments to Special Conditions. If at any time during the term of this agreement the Board determines that project performance is unsatisfactory, including, but not limited to:(a)defective work not remedied,or(b) a reasonable doubt that the Contract can be completed for the balance then unpaid,the Board reserves the right to withhold payments until the problem is remedied or to exercise its rights of termination under General Terms and Conditions 40,41, and 42. 13. RE-APPROPRIATION The parties hereto understand and agree that any state funds not expended by the end of the declared BIENNIUM, including the ten percent(10%) retainage as described in SPECIAL TERMS AND CONDITIONS,Section 17: REIMBURSEMENT,will lapse on that date unless specifically re- appropriated in an enacted Capital Budget.The Board will make all necessary efforts to seek re- appropriation of funds into the declared BIENNIUM. If funds are so re-appropriated,the Board's obligation under the terms of this Contract shall be contingent upon the terms of such re- appropriation. 14. CONTRACT SUSPENSION In the event that the Washington State Legislature fails to pass and the Governor does not authorize a Capital Budget by June 30 of each biennium,the Washington State Constitution Article 8 Section 4 and RCW 43.88.130 and RCW 43.88.290 prohibit expenditures or commitments of state funds in the absence of appropriation. In such an event,all work will be suspended effective July 1. The Contractor shall immediately suspend work and take all reasonable steps necessary to minimize the cost of performance directly attributable to such suspension until the suspension is cancelled. THE BOARD shall notify the Contractor immediately upon the lifting of the contract suspension. 15. RECAPTURE PAYMENT AND COSTS In the event that the Contractor fails to expend state funds in accordance with state law and/or the provisions of this Contract,the Board reserves the right to recapture state funds in an amount equivalent to the extent of noncompliance. Repayment by the Contractor of state funds under this recapture provision shall occur within thirty(30) days of demand. In the event that the Board is CERB Planning Contract Page I 6