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responsibility to verify the applicable prevailing wage rate. It is understood that the <br />Contractor is responsible for obtaining and completing all required government forms <br />and submitting same to the proper authorities. <br />Disputes regarding prevailing wage rates shall be referred for arbitration to the Director <br />of the Department of Labor and Industries. The arbitration decision shall be final and <br />conclusive and binding on all parties involved in the dispute as provided for by RCW <br />39.12.060. <br />31. Debarment Certification: <br />The Contractor certifies that it: <br />31.1 Is not presently debarred, suspended, proposed for debarment, declared <br />ineligible or voluntarily excluded from covered tran!)actions by any Federal <br />department or agency. <br />31.2 Has not within a three-year period preceding the execution of this contract <br />with Kittitas County, been convicted of or had a civil judgment rendered <br />against them for commission of fraud or a criminal offense in connection <br />with obtaining, attempting to obtain, or performing a public or private <br />agreement or transaction, violation of Federal or State antitrust statutes or <br />commission of embezzlement, theft, forgery, bribery, falsification or <br />destruction of records, making false statements, tax evasion, receiving <br />stolen property, making false claims, or obstruction of justice. <br />31.3 Is not presently indicted for or otherwise criminally or civilly charged by a <br />governmental entity (Federal, State, or local) with commission of any of <br />the offenses enumerated in paragraph 32.2 of this section. <br />31.4 Has not within a three-year period preceding the preceding the execution <br />of this contract with Kittitas County had one or more public transactions <br />(Federal, State, or local) terminated for cause of default. <br />32. Limitation of Liability <br />Contractor's liability for the County's damages will, in the aggregate, not exceed $100,000. <br />This Provision takes precedence over any conflicting Provision of this AGREEMENT or <br />any document incorporated into it or referenced by it. <br />33. Standard of Care <br />The standard of care applicable to Contractor's services will be the degree of skill and <br />diligence normally employed by professional engineers or consultants performing the <br />same or similar services at the time Contractor's services are performed. Contractor will <br />re-perform any services not meeting this standard without additional compensation. <br />34. No Third Party Beneficiaries <br />Professional Services Agreement <br />Page 13