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3 <br /> a. Withholding of payments to the Contractor under the Agreement until the <br /> Contractor complies, and/or <br /> b. Cancellation,termination or suspension of the Agreement, in whole or in <br /> part. <br /> 6. Incorporation of Provisions: The Contractor shall include the provisions of <br /> paragraphs(1)through(6)in every subcontract, including procurements of materials and <br /> leases of equipment, unless exempt by the Regulations or directives issued pursuant <br /> thereto. The Contractor shall take such action with respect to any subconsultant or <br /> procurement as the City or the Federal Highway Administration may direct as a means of <br /> enforcing such provisions including sanctions for noncompliance;provided,however,that, <br /> in the event a Contractor becomes involved in or is threatened with, litigation with a <br /> subconsultant or supplier as a result of such direction,the Contractor may request the City <br /> to enter into such litigation to protect the interests of the City, and in addition,the <br /> Contractor may request the United States to enter into such litigation to protect the interests <br /> of the United States. <br /> C. Unfair Employment Practices: The Contractor shall comply with RCW 49.60.180. <br /> 15. Required Certifications: Attached hereto as Exhibit D,are the Certifications of the Consultant <br /> and the City,regarding debarment, suspension and other responsibility matters,the restrictions of <br /> the use of Federal funds for lobbying, and Disadvantaged Business Enterprise. Contractor shall <br /> execute and return these certificates with the signed Agreement. The certificates are incorporate <br /> herein by reference. <br /> 16. Audits and Inspections: At any time during normal business hours and as often as the City may <br /> deem necessary,the Contractor shall make available to the City for the City's examination all of <br /> the Contractor's records and documents with respect to all matters covered by this Agreement and <br /> furthermore,the Contractor will permit the City to audit, examine and make copies, excerpts or <br /> transcripts from such records, and to make audits of all contracts, invoices,materials, payrolls, <br /> records of personnel,conditions of employment and other data relating to all matters covered by <br /> this Agreement. <br /> 17. City of Everett Business License: Contractor agrees to obtain a City of Everett business license <br /> prior to performing any work pursuant to this Agreement. <br /> 18. State of Washington Requirements. Contractor agrees to register and obtain any State of <br /> Washington business licenses,Department of Revenue account and/or unified business identifier <br /> number as required by RCW 50.04.140 and 51.08.195 prior to performing any work pursuant to <br /> this Agreement. <br /> 19. Compliance with Federal,State,and Local Laws: Contractor shall comply with and obey all <br /> federal, state and local laws,regulations,and ordinances applicable to the operation of its <br /> business and to its performance of work hereunder. <br /> 20. Compliance with Grant Terms and Conditions. Contractor shall comply with any and all <br /> conditions,terms and requirements of any federal, state or other grant that wholly or partially <br /> funds Contractor's work hereunder. <br /> 21. Waiver. Any waiver by the Contractor or the City or the breach of any provision of this <br /> Agreement by the other party will not operate,or be construed, as a waiver of an subsequent <br /> breach by either party or prevent either party from thereafter enforcing any such provisions. • <br /> INCA Engineers,Inc <br /> 16 <br />