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<br />Fulton Street Pedestrian Bicycle Corridor PAGE 48 OF 114 CONTRACT <br />FEDERAL AID # TAP-0420(026) <br />WO #3785 September 6, 2024 <br /> <br />regarding any allegation that the Contractor, including any subcontractor, 1 <br />has engaged in discrimination prohibited by this Contract pursuant to RCW 2 <br />49.60.530(3). 3 <br /> 4 <br />c. Default. Notwithstanding any provision to the contrary, the Contracting 5 <br />Agency may suspend the Contract in accordance with Section 1 -08.6, upon 6 <br />notice of a failure to participate and cooperate with any state agency 7 <br />investigation into alleged discrimination prohibited by this Contract, 8 <br />pursuant to RCW 49.60.530(3). Any such suspension will remain in place 9 <br />until the Contracting Agency receives notification that Contractor, including 10 <br />any subcontractor, is cooperating with the investigating state agency. In the 11 <br />event the Contractor, or subcontractor, is determined to have engaged in 12 <br />discrimination identified at RCW 49.60.530(3), the Contracting Agency may 13 <br />terminate this Contract in whole or in part in accordance with Section 1 -14 <br />08.10(1), and in addition to the sanctions listed in Section 1 -07.11(5), the 15 <br />Contractor, subcontractor, or both, may be referred for debarment as 16 <br />provided in RCW 39.26.200. The Contractor or subcontractor may be given 17 <br />a reasonable time in which to cure this noncompliance, including 18 <br />implementing conditions consistent with any court-ordered injunctive relief 19 <br />or settlement agreement. 20 <br /> 21 <br />d. Remedies for Breach. Notwithstanding any provision to the contrary, in the 22 <br />event of Contract termination or suspension for engaging in discrimination, 23 <br />the Contractor, subcontractor, or both, shall be liable for contract damages 24 <br />as authorized by law including, but not limited to, any cost difference 25 <br />between the original contract and the replacement or cover contract and all 26 <br />administrative costs directly related to the replacement contract, which 27 <br />damages are distinct from any penalties imposed under Chapter 49.60, 28 <br />RCW. The Contracting Agency shall have the right to deduct from any 29 <br />monies due to Contractor or subcontractor, or that thereafter become due, 30 <br />an amount for damages Contractor or subcontractor will owe Contracting 31 <br />Agency for default under this Provision. 32 <br /> 33 <br />1-07.12.GR1 34 <br />Federal Agency Inspection 35 <br /> 36 <br />1-07.12.INST1.GR1 37 <br />Section 1-07.12 is supplemented with the following: 38 <br /> 39 <br />1-07.12.OPT1.GR1 40 <br />(October 3, 2023) 41 <br />Required Federal Aid Provisions 42 <br />The Required Contract Provisions Federal Aid Construction Contracts (FHWA 1273) 43 <br />Revised October 23, 2023 and the amendments thereto supersede any conflicting 44 <br />provisions of the Standard Specifications and are made a part of this Contract; provided, 45 <br />however, that if any of the provisions of FHWA 1273, as amended, are less restrictive 46 <br />than Washington State Law, then the Washington State Law shall prevail. 47 <br /> 48 <br />The provisions of FHWA 1273, as amended, included in this Contract require that the 49 <br />Contractor insert the FHWA 1273 and amendments thereto in each subcontract, together 50 <br />with the wage rates which are part of the FHWA 1273, as amended. Also, a clause shall 51 <br />be included in each subcontract requiring the subcontractors to insert the FHWA 1273 52