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<br />
<br />Kittitas County
<br />Cle Elum Transfer Station
<br />Driveway Improvements and Tank Replacement Project Bid Documents
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<br />Agreement may be provided by personal delivery, legal courier service, or certified mail, postage prepaid and return
<br />receipt requested. Notice may be provided by regular first class mail if simultaneous notice is provided by email.
<br />Notices given by Contractor shall be provided to the County’s point of contact listed on page 1 of this Agreement, at
<br />the address there listed, and to the department head of the county department for which services under this Agreement
<br />are rendered. Notices given by the County shall be provided to Contractor at Contractor’s address listed on page 1 of
<br />this Agreement.
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<br /> 19. Prevailing Wage: Where labor to be performed under this Agreement is considered “public work” as
<br />defined in RCW 39.04.010, Contractor shall pay the prevailing rate of wages to all workers, laborers, or mechanics
<br />employed in the performance of work under this Agreement in accordance with RCW 39.12 and the rules and
<br />regulations of the Washington State Department of Labor and Industries. The schedule of prevailing wage rates for
<br />the applicable locality or localities is determined by the Industrial Statistician of the Department of Labor and
<br />Industries. It is Contractor's responsibility to verify the applicable prevailing wage rate. It is understood that Contractor
<br />is responsible for obtaining and completing all required government forms relating to prevailing wage and submitting
<br />same to the proper authorities. 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 conclusive and binding on all
<br />parties involved in the dispute as provided for in RCW 39.12.060.
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<br /> 20. Standard of Care: Contractor shall perform its duties hereunder in a manner consistent with that degree
<br />of care and skill ordinarily exercised by members of the same profession or industry as Contractor currently practicing
<br />or working under similar circumstances. Contractor shall, without additional compensation, correct any of its services
<br />not meeting such a standard.
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<br /> 21. Nondiscrimination
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<br /> 21.1 In the performance of this Agreement, Contractor will not discriminate against any employee or
<br />applicant for employment on the grounds of age, race, creed, color, national origin, citizenship or immigration status,
<br />sex, sexual orientation, marital status, honorably discharged veteran or military status, or the presence of any sensory,
<br />mental or physical disability or the use of a trained dog guide or service animal by a person with a disability; provided
<br />that the prohibition against discrimination because of such disability shall not apply if the particular disability prevents
<br />the proper performance of the particular worker involved. Contractor shall ensure that applicants are employed, and
<br />that employees are treated during employment, without discrimination because of their age, race, creed, color,
<br />national origin, citizenship or immigration status, sex, sexual orientation, marital status, honorably discharged veteran
<br />or military status, or the presence of any sensory, mental or physical disability or the use of a trained dog guide or
<br />service animal by a person with a disability. Such requirements apply, without limitation, to the following:
<br />employment, promotion, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay
<br />or other forms of compensation, and programs for training, including apprenticeships. Contractor shall take such
<br />action with respect to this Agreement as may be required to ensure full compliance with local, state and federal laws
<br />prohibiting discrimination in employment.
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<br /> 21.2 Contractor will not discriminate against any recipient of any services or benefits provided for under
<br />this Agreement on the grounds of age, race, creed, color, national origin, citizenship or immigration status, sex,
<br />sexual orientation, marital status, honorably discharged veteran or military status, or the presence of any sensory,
<br />mental or physical disability or the use of a trained dog guide or service animal by a person with a disability.
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<br /> 21.3 If any assignment and/or subcontracting has been authorized by the County, said assignment or
<br />subcontract shall include appropriate safeguards against discrimination.
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<br /> 22. Waiver: The waiver of any default or breach of this Agreement, or the failure of a party to enforce any
<br />provision hereof or to exercise any right or privilege hereunder, shall not be deemed to waive any prior or subsequent
<br />default or breach, the enforcement of any provision hereof, or the exercise of any right or privilege hereunder, unless
<br />otherwise stated in a writing, signed by the parties hereto.
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<br /> 23. Headings: The headings of sections and paragraphs of this Agreement are for convenience of reference
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