2015/06/03 Council Agenda Packet

1.2 such breach or default exists shall in no way impair or prejudice any right or remedy available to WSDOT with respect to such breach or default. VII Deliverables The Contractor shall prepare quarterly reports describing the progress of the Project as outlined in the scope of work (Exhibit 1) and submit such reports to WSDOT by the 15th of the month following the end of each calendar quarter. The Contractor shall deliver the final Project report to WSDOT no more than 30 days after the date shown in the caption space header titled "Completion Date". VHI Agreement Modifications Either PARTY may request changes in the scope of work. Such changes, which are mutually agreed upon, shall be incorporated as written amendments to the Agreement. No variation or alteration of the terms and conditions of this Agreement shall be valid unless made in writing and signed by authorized representatives of the PARTIES hereto. IX Compliance with Laws and Regulations Each PARTY agrees to abide by all applicable state, local, and federal laws and regulations, including but not limited to those concerning employment, equal opportunity employment, nondiscrimination assurances, project record keeping necessary to evidence Agreement compliance, and retention of all such records. The Contractor will adhere to all of the nondiscrimination provisions in Chapter 49.60 RCW. X Nondiscrimination Provision No liability shall attach to the State or Federal Government except as expressly provided herein. The Contractor shall not discriminate on the base of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract and/or agreement or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Contractor shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts and agreements. The WSDOT's DBE program as required by 49 CFR Part 26 as approved by USDOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Contractor of its failure to carry out its approved program, WSDOT may impose sanctions as provided for under Part 26 and may in appropriated cases refer the matters for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). The Contractor agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted work. XI Project Records The Contractor agrees to establish and maintain for the Project either, a separate set of accounts or accounts within the framework of an established accounting system, in order to sufficiently and properly reflect all eligible direct and indirect Project costs claimed to have been incurred in the performance of this Agreement. Such accounts are referred to herein collectively as the "Project Page 3 of 9 Contract No. GCB2048 138