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PERSONAL SERVICES AGREEMENT <br />Page 13 of 17 <br /> <br /> <br />Contractor verifies that it meets the requirements set forth in RCW 39.04.350 by certifying that either <br />the Contractor has received training on prevailing wage and public works requirements or that the <br />Contractor is exempt from this training because they have completed three or more public works <br />projects and have had a valid Washington business license for three or more years. <br /> <br />Disputes regarding prevailing wage rates shall be referred for arbitration to the Director of the <br />Department of Labor and Industries. The arbitration decision shall be final and conclusive and binding <br />on all parties involved in the dispute as provided for by RCW 39.12.060. <br /> <br />32. Time is of Essence: Time is of the essence in the performance of this contract unless a more specific time <br />period is set forth elsewhere in this Agreement. <br /> <br />33. Construction: This Agreement has been mutually reviewed and negotiated by the parties and should be <br />given a fair and reasonable interpretation and should not be construed less favorably against either <br />party. <br /> <br />34. Standard of Care: The Contractor shall perform its duties hereunder in a manner consistent with that <br />degree of care and skill ordinarily exercised by members of the same profession as Contract currently <br />practicing under similar circumstances. The Contractor shall, without additional compensation, correct <br />those services not meeting such a standard. <br /> <br />35. Agreement Not for Benefit of Third Parties: This Agreement is entered into solely for the benefit of the <br />parties hereto and vests no rights in, or is it enforceable by, any third parties.