Wash State Department of Transportation 10/30/2017

Section 16 Labor Provisions Overtime Requirements. No CONTRACTOR or subcontractor contracting for any part of the Project work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty(40)hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty (40)hours in such workweek. CONTRACTOR will comply with Title 49 RCW, Labor Regulations. Section 17 Changed Conditions Affecting Performance The CONTRACTOR hereby agrees to immediately notify WSDOT of any change in conditions or law,or of any other event,which may affect its ability to perform the Project in accordance with the provisions of this AGREEMENT. Section 18 Coordination of Special Needs Transportation It is the policy of WSDOT to actively support coordination of special needs transportation in the state. As a condition of assistance,the CONTRACTOR is required to participate in local coordinated planning as led by CONTRACTOR's relevant Metropolitan Planning Organization(MPO)and/or Regional Transportation Planning Organization(RTPO). Persons with special transportation needs means those persons,including their personal attendants,who because of physical or mental disability,income status,or age are unable to transport themselves or purchase transportation. Transit Projects and Regional Mobility Grant funded projects are explicitly excluded from the provisions of Section 18 —Coordination of Special Needs Transportation. Section 19 Disputes A. Disputes. Disputes,arising in the performance of this AGREEMENT,which are not resolved by agreement of the PARTIES, shall be decided in writing by the WSDOT Public Transportation Division Assistant Director or designee. This decision shall be final and conclusive unless within ten (10) days from the date of CONTRACTOR's receipt of WSDOT's written decision, the CONTRACTOR mails or otherwise furnishes a written appeal to the Director of the Public Transportation Division or the Director's designee.The CONTRACTOR's appeal shall be decided in writing by the Director of the Public Transportation Division within thirty(30)days of receipt of the appeal by the Director of the Public Transportation Division or the Director's designee.The decision shall be binding upon the CONTRACTOR and the CONTRACTOR shall abide by the decision. B. Performance During Dispute. Unless otherwise directed by WSDOT,CONTRACTOR shall continue performance under this AGREEMENT while matters in dispute are being resolved. C. Claims for Damages. Should either PARTY to this AGREEMENT suffer injury or damage to person,property,or right because of any act or omission of the other PARTY or any of that PARTY's employees,agents or others for whose acts it is legally liable,a claim for damages therefore shall be made in writing to such other PARTY within thirty(30) days after the first observance of such injury or damage. D. Rights and Remedies. All remedies provided in this AGREEMENT are distinct and cumulative to any other right or remedy under this document or afforded by law or equity, and may be exercised independently, concurrently, or successively and shall not be construed to be a limitation of any duties,obligations,rights and remedies of the PARTIES hereto. No action or failure to act by the WSDOT or CONTRACTOR shall constitute a waiver of any right or duty afforded any of them under this AGREEMENT,nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder,except as may be specifically agreed in writing. Section 20 Termination A. Termination for Convenience. WSDOT and/or the CONTRACTOR may suspend or terminate this AGREEMENT, in whole or in part, and all or any part of the financial assistance provided herein, at any time by written notice to the other PARTY. WSDOT and the CONTRACTOR shall agree upon the AGREEMENT termination provisions including but not limited to the settlement terms, conditions, and in the case of partial termination the portion to be terminated. Written notification must set forth the reasons for such termination,the effective date,and in case of a partial termination the portion to be terminated. However if, in the case of partial termination, WSDOT determines that the remaining portion of the award will not accomplish the purposes for which the award was made,WSDOT may terminate the award in its entirety.The PARTIES may terminate this AGREEMENT for convenience for reasons including,but not limited to,the following: GCB2766 Page 5 of 10