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Section 20 <br />Labor Provisions <br />Overtime Requirements. No GRANTEE or subcontractor contracting for any part of the Project <br />work which may require or involve the employment of laborers or mechanics shall require or <br />permit any such laborer or mechanic in any workweek in which he or she is employed on such <br />work to work in excess of forty (40) hours in such workweek unless such laborer or mechanic <br />receives compensation at a rate not less than one and one-half times the basic rate of pay for all <br />hours worked in excess of forty (40) hours in such workweek. The GRANTEE will comply with all <br />applicable provisions of Title 49 RCW, Labor Regulations. <br /> <br />Section 21 <br />Changed Conditions Affecting Performance <br />The GRANTEE hereby agrees to immediately notify WSDOT of any change in conditions or law, <br />or of any other event, which may affect its ability to perform the Project in accordance with the <br />provisions of this AGREEMENT. <br /> <br />Section 22 <br />Coordination of Special Needs Transportation <br />It is the policy of WSDOT to actively support the coordination of special needs transportation in <br />the state. As a condition of assistance, the GRANTEE is required to participate in local <br />coordinated planning as led by GRANTEE’s relevant Metropolitan Planning Organization (MPO) <br />and/or Regional Transportation Planning Organization (RTPO). Persons with special <br />transportation needs means those persons, including their personal attendants, who because of <br />physical or mental disability, income status, or age are unable to transport themselves or <br />purchase transportation. <br /> <br />Section 23 <br />Remedies for Misuse or Noncompliance. <br />If WSDOT determines that the Project has been used in a manner materially different from <br />Section 1- Scope of Work, WSDOT may direct the GRANTEE to repay WSDOT the State- <br />funded share of the Project. WSDOT may also withhold payments should it determine that the <br />GRANTEE has failed to materially comply with any provision of this AGREEMENT. <br /> <br /> <br />Section 24 <br />Disputes <br />A. Disputes. Disputes, arising in the performance of this AGREEMENT, which are not <br />resolved by agreement of the PARTIES, shall be decided in writing by the WSDOT Public <br />Transportation Division Assistant Director or designee. This decision shall be final and <br />conclusive unless within ten (10) days from the date of the GRANTEE’s receipt of <br />WSDOT’s written decision, the GRANTEE mails or otherwise furnishes a written appeal <br />to the Director of the Public Transportation Division or the Director’s designee. The <br />GRANTEE’s appeal shall be decided in writing by the Director of the Public Transportation <br />Division within thirty (30) days of receipt of the appeal by the Director of the Public <br />Transportation Division or the Director’s designee. The decision shall be binding upon the <br />GRANTEE and the GRANTEE shall abide by the decision. <br /> <br />B. Performance During Dispute. Unless otherwise directed by WSDOT, the GRANTEE <br />shall continue performance under this AGREEMENT while matters in dispute are being <br />resolved. <br /> <br />City of Everett <br />PTD1019 <br />Page 7 of 13