Washington State Dept of Transportation 11/28/2017

would require the CONTRACTOR to violate state or local law, the CONTRACTOR agrees to notify WSDOT immediately in writing. Should this occur,WSDOT and the CONTRACTOR agree to make appropriate arrangements to proceed with or,if necessary,expeditiously,terminate the AGREEMENT. Section 17 Environmental Requirements and Archaeological Preservation The CONTRACTOR agrees to comply with all applicable requirements of chapter 43.21C RCW"State Environmental Policy Act" (SEPA). The CONTRACTOR also agrees to comply with all applicable requirements of Executive Order 05-05,Archeological and Cultural Resources,for all capital construction or land acquisitions for the purpose of a capital construction,not undergoing Section 106 review under the National Historic Preservation Act of 1966(Section 106). Section 18 Accounting Records A. Project Accounts. The CONTRACTOR agrees to establish and maintain for the Project either a separate set of accounts or separate accounts within the framework of an established accounting system that can be identified with the Project.The CONTRACTOR agrees that all checks,payrolls,invoices,contracts,vouchers,orders,or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible and available to WSDOT upon request,and,to the extent feasible,kept separate from documents not pertaining to the Project. B. Documentation of Project Costs and Program Income. The CONTRACTOR agrees to support all allowable costs charged to the Project, including any approved services contributed by the CONTRACTOR or others, with properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature and propriety of the charges. The CONTRACTOR also agrees to maintain accurate records of all program income derived from implementing the Project. Section 19 Audits,Inspection,and Retention of Records A. Submission of Proceedings,Contracts,Agreements,and Other Documents. During the term of the Project and for six (6) years thereafter, the CONTRACTOR agrees to retain intact and to provide any data, documents, reports, records, contracts, and supporting materials relating to the Project as WSDOT may require. Project closeout does not alter these recording and record-keeping requirements. Should an audit, enforcement, or litigation process be commenced, but not completed, during the aforementioned six-year period then the CONTRACTOR's obligations hereunder shall be extended until the conclusion of that pending audit,enforcement,or litigation process. B. General Audit Requirements. The CONTRACTOR agrees to obtain any other audits required by WSDOT at CONTRACTOR's expense. Project closeout will not alter the CONTRACTOR's audit responsibilities. C.Inspection. The CONTRACTOR agrees to permit WSDOT and the State Auditor,or their authorized representatives, to inspect all Project work materials, payrolls, and other data, and to audit the books, records, and accounts of the CONTRACTOR and its subcontractors pertaining to the Project.The CONTRACTOR agrees to require each third party to permit WSDOT,and the State Auditor or their duly authorized representatives,to inspect all work,materials,payrolls, and other data and records involving that third party contract, and to audit the books,records, and accounts involving that third party contract as it affects the Project. Section 20 Labor Provisions Overtime Requirements. No CONTRACTOR or subcontractor contracting fpr 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 21 Liens on Project Equipment WSDOT shall be listed as the legal owner on titles and hold titles for all vehicles the CONTRACTOR acquires using federal funds through WSDOT's grant program. WSDOT will have legal ownership to any non-vehicle Project Equipment the CONTRACTOR acquires or modifies using the "Federal and/or State Funds" identified in the caption space of this AGREEMENT titled "Project Costs. When the Contractor acquires vehicles using state funds provided through WSDOT's grant program,WSDOT may within its discretion,allow the CONTRACTOR to be listed as the legal owner and hold title. In all cases, WSDOT will maintain a copy of titles for all funded vehicles under this agreement GCB2819 Page 6 of 13