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IX. Payment of Billing
<br />The Agency agrees that if payment or arrangement for payment of any of the State's billing relative to the project (e.g., State force
<br />work, project cancellation, overpayment, cost ineligible for federal participation, etc.) is not made to the State within 45 days after
<br />the Agency has been billed, the State shall effect reimbursement of the total sum due from the regular monthly fuel tax allotments to
<br />the Agency from the Motor Vehicle Fund. No additional Federal project funding will be approved until full payment is received unless
<br />otherwise directed by the Director, Local Programs.
<br />Project Agreement End Date - This date is based on your projects Period of Performance (2 CFR Part 200.309).
<br />Any costs incurred after the Project Agreement End Date are NOT eligible for federal reimbursement. All eligible costs incurred prior
<br />to the Project Agreement End Date must be submitted for reimbursement within 90 days after the Project Agreement End Date or they
<br />become ineligible for federal reimbursement.
<br />X. Traffic Control, Signing, Marking, and Roadway Maintenance
<br />The Agency will not permit any changes to be made in the provisions for parking regulations and traffic control on this project
<br />without prior approval of the State and Federal Highway Administration. The Agency will not install or permit to be installed any signs,
<br />signals, or markings not in conformance with the standards approved by the Federal Highway Administration and MUTCD. The Agency
<br />will, at its own expense, maintain the improvement covered by this agreement.
<br />XI. Indemnity
<br />The Agency shall hold the Federal Government and the State harmless from and shall process and defend at its own expense
<br />all claims, demands, or suits, whether at law or equity brought against the Agency, State, or Federal Government, arising from the
<br />Agency's execution, performance, or failure to perform any of the provisions of this agreement, or of any other agreement or contract
<br />connected with this agreement, or arising by reason of the participation of the State or Federal Government in the project, PROVIDED,
<br />nothing herein shall require the Agency to reimburse the State or the Federal Government for damages arising out of bodily injury to
<br />persons or damage to property caused by or resulting from the sole negligence of the Federal Government or the State.
<br />XII. Nondiscrimination Provision
<br />No liability shall attach to the State or Federal Government except as expressly provided herein.
<br />The Agency shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-
<br />assisted contract and/or agreement or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Agency
<br />shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of
<br />USDOT-assisted contracts and agreements. The WSDOT's DBE program, as required by 49 CFR Part 26 and as approved by USDOT,
<br />is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms
<br />shall be treated as a violation of this agreement. Upon notification to the Agency of its failure to carry out its approved program, the
<br />Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under
<br />18 U.S.G. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S. C. 3801 et seq.).
<br />The Agency hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification
<br />thereof, as defined in the rules and regulations of the Secretary of Labor in 41 CFR Chapter 60, which is paid for in whole or in part with
<br />funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan,
<br />insurance, or guarantee or understanding pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee,
<br />the required contract provisions for Federal -Aid Contracts (FHWA 1273), located in Chapter 44 of the Local Agency Guidelines.
<br />The Agency further agrees that it will be bound by the above equal opportunity clause with respect to its own employment
<br />practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or Local
<br />Government, the above equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government
<br />which does not participate in work on or under the contract.
<br />The Agency also agrees:
<br />(1) To assist and cooperate actively with the State in obtaining the compliance of contractors and subcontractors with the equal
<br />opportunity clause and rules, regulations, and relevant orders of the Secretary of Labor.
<br />(2) To furnish the State such information as it may require for the supervision of such compliance and that it will otherwise assist the
<br />State in the discharge of its primary responsibility for securing compliance.
<br />(3) To refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with
<br />a contractor debarred from, or who has not demonstrated eligibility for, government contracts and federally assisted construction
<br />contracts pursuant to the Executive Order.
<br />(4) To carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors
<br />and subcontractors by the State, Federal Highway Administration, or the Secretary of Labor pursuant to Part 11, subpart D of the
<br />Executive Order.
<br />In addition, the Agency agrees that if it fails or refuses to comply with these undertakings, the State may take any or all of the
<br />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 program with respect to which the failure or refusal
<br />occurred until satisfactory assurance of future compliance has been received from the Agency; and
<br />(c) Refer the case to the Department of Justice for appropriate legal proceedings.
<br />DOT Form 140-039 Page 4
<br />Revised 05/2015
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