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DOT Form 140 -039 EF
<br />Revised 01/2004
<br />In addition, the Agency agrees that if it fails or refuses to comply with these
<br />undertakings, the State may take any or all of the following actions:
<br />(a) Cancel, terminate, or suspend this agreement in whole or in part;
<br />(b) Refrain from extending any further assistance to the Agency under the
<br />program with respect to which the failure or refusal occurred until satisfactory
<br />assurance of future compliance has been received from the Agency and
<br />(c) Refer the case to the Department of Justice for appropriate legal
<br />proceedings.
<br />XIII. Liquidated Damages
<br />The Agency hereby agrees that the liquidated damages provisions of 23 CFR
<br />Part 635, Subpart 127 as supplemented, relative to the amount of Federal
<br />participation in the project cost, shall be applicable in the event the contractor
<br />fails to complete the contract within the contract time. Failure to include
<br />liquidated damages provision will not relieve the Agency from reduction of
<br />federal participation in accordance with this paragraph.
<br />XIV Termination for Public Convenience
<br />The Secretary of the Washington State Department of Transportation may
<br />terminate the contract in whole, or from time to time in part, whenever.
<br />(1) The requisite federal funding becomes unavailable through failure of
<br />appropriation or otherwise.
<br />(2) The contractor is prevented from proceeding with the work as a direct
<br />result of an Executive Order of the President with respect to the prosecution of
<br />war or in the interest of national defense, or an Executive Order of the President
<br />or Govemor of the State with respect to the preservation of energy resources.
<br />(3) The contractor is prevented from proceeding with the work by reason of a
<br />preliminary special, or permanent restraining order of a court of competent
<br />jurisdiction where the issuance of such order is primarily caused by the acts or
<br />omissions of persons or agencies other than the contractor
<br />(4) The Secretary determines that such termination is in the best interests of
<br />the State.
<br />Additional Provisions
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<br />XV Venue for Claims and /or Causes of Action
<br />For the convenience of the parties to this contract, it is agreed that any claims
<br />and/or causes of action which the Local Agency has against the State of
<br />Washington, growing out of this contract or the project with which it is
<br />concerned, shall be brought only in the Superior Court for Thurston County
<br />XVI. Certification Regarding the Restrictions of the Use
<br />of Federal Funds for Lobbying
<br />The approving authority certifies, to the best of his or her knowledge and
<br />belief, that:
<br />(1) No federal appropriated funds have been paid or will be paid, by or on
<br />behalf of the undersigned, to any person for influencing or attempting to
<br />influence an officer or employee of any federal agency a member of Congress,
<br />an officer or employee of Congress, or an employee of a member of Congress in
<br />connection with the awarding of any federal contract, the making of any federal
<br />grant, the making of any federal loan, the entering into of any cooperative
<br />agreement, and the extension, continuation, renewal, amendment, or
<br />modification of any federal contract, grant, loan, or cooperative agreement.
<br />(2) If any funds other than federal appropriated funds have been paid or will
<br />be paid to any person for influencing or attempting to influence an officer or
<br />employee of any federal agency a member of Congress, an officer or employee
<br />of Congress, or an employee of a member of Congress in connection with this
<br />federal contract, grant, loan, or cooperative agreement, the undersigned shall
<br />complete and submit the Standard Form LLL, "Disclosure Form to Report
<br />Lobbying, in accordance with its instructions.
<br />(3) The undersigned shall require that the language of this certification be
<br />included in the award documents for all subawards at all tiers (including
<br />subgrants, and contracts and subcontracts under grants, subgrants, loans, and
<br />cooperative agreements) which exceed 5100,000, and that all such subrecipients
<br />shall certify and disclose accordingly
<br />This certification is a material representation of fact upon which reliance was
<br />placed when this transaction was made or entered into. Submission of this
<br />certification as a prerequisite for making or entering into this transaction
<br />imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the
<br />required certification shall be subject to a civil penalty of not less than $10,000
<br />and not more than $100,000 for each such failure.
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