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XIII. Liquidated Damages
<br />The Agency hereby agrees that the liquidated damages provisions of 23 CFR Part 635, Subpart 127, as supplemented, relative to
<br />the amount of Federal participation in the project cost, shall be applicable in the event the contractor fails to complete the contract within
<br />the contract time. Failure to include liquidated damages provision will not relieve the Agency from reduction of federal participation in
<br />accordance with this paragraph.
<br />XIV. Termination for Public Convenience
<br />The Secretary of the Washington State Department of Transportation may terminate the contract in whole, or from time to time in
<br />part, whenever:
<br />(1) The requisite federal funding becomes unavailable through failure of appropriation or otherwise.
<br />(2) The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with
<br />respect to the prosecution of war or in the interest of national defense, or an Executive Order of the President or Governor of
<br />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 preliminary, special, or permanent restraining
<br />order of a court of competent jurisdiction where the issuance of such order is primarily caused by the acts or omissions of
<br />persons or agencies other than the contractor.
<br />(4) The Secretary is notified by the Federal Highway Administration that the project is inactive.
<br />(5) The Secretary determines that such termination is in the best interests of the State.
<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 and/or causes of action which the Local Agency
<br />has against the State of Washington, growing out of this contract or the project with which it is concerned, shall be brought only in the
<br />Superior Court for Thurston County.
<br />XVI. Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
<br />The approving authority certifies, to the best of his or her knowledge and belief, that:
<br />(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or
<br />attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or
<br />an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the
<br />making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment,
<br />or 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 be paid to any person for influencing or attempting to
<br />influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee
<br />of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall
<br />complete and submit the Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
<br />(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at
<br />all tiers (including subgrants, and contracts and subcontracts under grants, subgrants, loans, and cooperative agreements) which
<br />exceed $100,000, and that all such subrecipients shall certify and disclose accordingly.
<br />This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.
<br />Submission of this certification as a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S.
<br />Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than
<br />$100,000 for each such failure.
<br />XVII. Assurances
<br />Local agencies receiving Federal funding from the USDOT or its operating administrations (i.e., Federal Highway Administration,
<br />Federal Transit Administration, Federal Aviation Administration) are required to submit a written policy statement, signed by the Agency
<br />Executive and addressed to the State, documenting that all programs, activities, and services will be conducted in compliance with
<br />Section 504 and the Americans with Disabilities Act (ADA).
<br />Additional Provisions
<br />DOT Form 140-039 Page 5
<br />Revised 05/2015
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