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Section 11
<br />Reports and Project Use
<br />A. The CO N TRACTOR agrees that the Project shall be used for the provision of transportation services within the area
<br />indicated in Exhibit I Attachment A, for the term of the Project 's plus four years after the project is complete , as set
<br />forth in WSDOT's Regional Mobility Grants Program Guidebook, and any subsequent amendments thereto. The
<br />CONTRACTOR further agrees that it will not use or permit the use of the Project in a negligent manner or in violation
<br />of any law, or so as to avoid any insurance covering the same , or permit the Project to become subject to any lien ,
<br />charge, or encumbrance. Should the CONTRACTOR unreasonably delay or fail to use the Project during the project
<br />term and reporting period , the CONTRACTOR agrees that it may be required to refund up to the entire amount of the
<br />"State Regional Mobility Grants Funds" expended on the Project. The CONTRACTOR shall immediately notify
<br />WSDOT when any Project facilities and/or infrastructure is withdrawn from Project use or when the Project or any part
<br />thereof is used in a manner substantially different from that identified in Exhibit 1, "Project Scope, Schedule and Budget"
<br />and Attachment A. If the Project is permanently removed from transportation services , the CONTRACTOR agrees to
<br />immediately notify WSDOT of its intentions regarding the di sposal 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 and annual performance reports for four calendar years after the project is operationally complete,
<br />as prescribed in WSDOT's Regional Mobility Grants Program Guidebook , and any subsequent amendments thereto or
<br />as WSDOT may require , including, but not limited to , interim and annual reports. The CONTRACTOR shall keep
<br />satisfactory written records with regard to the use of Project and shall submit the following reports to , and in a form and
<br />at such times prescribed by WSDOT as set forth in WSDOT 's Regional Mobility Grants Program Guidebook , 2015
<br />version , and any subsequent amendments thereto:
<br />I. An approved Performance Measurement Plan must be on file with WSDOT before submitting the first
<br />reimbursement request.
<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
<br />a manner different from that described in Exhibit I , Project Scope, Schedule and Budget, and Attachment A, as set forth
<br />in Section 2 of the AGREEMENT. If WSDOT determines that the Project has been used in a manner different from
<br />Exhibit I, Project Scope , Schedule and Budget, and Attachment A, WSDOT may direct the CONTRACTOR to repay
<br />WSDOT the State funded share of the "Project Costs ." WSDOT may also withhold payments should it determine that
<br />the CONTRACTOR has failed to comply with any provision of this AGREEMENT .
<br />Section 12
<br />Maintenance of the Project
<br />The CONTRACTOR shall make all necessary repairs and reasonably maintain the Project to assure it remains in good
<br />and operational condition until the end of its useful life. The useful life of the constructed project is determined by
<br />WSDOT, indicated in the "Financial Plan Table" of the 2015-2017 Regional Mobility Grant Application that is based
<br />upon Architectural/Engineering (A&E) estimates , materials used and industry standards for the type of structure built.
<br />All service, materials , and repairs in connection with the use and operation of the Project during its useful life shall be at
<br />the CONTRACTOR's expense . CONTRACTORS who are transit agencies must also have a Transit Asset Management
<br />Plan certified by WSDOT that details the transit agency 's plan to maintain the Project. All other CONTRACTORS must
<br />submit a written Maintenance Plan to WSDOT for approval prior to the occupation and /or operations of the Project. The
<br />CONTRACTOR agrees, at a minimum , to maintain the Project and service or replace parts at intervals recommended in
<br />the manuals and/or instructions provided by the subcontractors and /or component manufacturers, or sooner if needed.
<br />The CONTRACTOR shall have the Project routinely inspected and make arrangements for any appropriate service and
<br />repair under the manufacturer 's warranty . WSDOT shall not be liable for repairs. The CONTRACTOR shall retain
<br />records of all maintenance and parts replacement performed on the Project in accordance with Section 22, Audits ,
<br />Inspection , and Retention of Records . The CONTRACTOR shall provide copies of such records to WSDOT, upon
<br />request.
<br />GeB 2300 Page 4 of 13
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