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In case any Dispute arises as to what are the prevailing rates of wages for work of a similar nature which I <br /> cannot be adjusted by the parties in interest, including labor and management representatives, the matter <br /> shall be referred for arbitration to the Director of the Department of Labor and Industries of the State of <br /> Washington, and his or her decision therein shall be final and conclusive and binding on all parties <br /> involved in the Dispute. The schedule of prevailing wage rates as determined by the Industrial <br /> Statistician for the locality or localities where this Contract will be performed are by this reference made a <br /> part of this Contract as though fully set forth herein. The Contractor shall be held responsible for notifying <br /> its subcontractors of these wage requirements. Failure by either the Contractor or any subcontractor to111 <br /> comply with requirements of Chapter 39.12 RCW will result in delay of payment to the Contractor and/or <br /> imposition of any other sanctions as may be available under the law and this Contract. <br /> 7.1.2. Contractor's Responsibility I <br /> The Contractor will be held responsible for paying not less than the prevailing wages, including increases <br /> in such wages, over the term of this agreement. It is, therefore, imperative that the Contractor and its <br /> subcontractors familiarize themselves with the wage rates before submitting bids based upon these <br /> Specifications. <br /> 7.1.3. Federal Labor Requirements <br /> Contractor shall comply with applicable federal laws and regulations relating to workers, safety and labor. I <br /> 7.2. PAYMENT CERTIFICATES <br /> The Contractor and each subcontractor on or before the date of commencement of the work shall file a I <br /> statement of"Intent to Pay" prevailing wages under oath with the Owner and with the Washington State <br /> Department of Labor and Industries certifying the rate of hourly wage including the usual benefits paid <br /> and to be paid each classification of laborers, workmen, or mechanics employed upon the work by the <br /> Contractor or subcontractor which shall not be less than the prevailing rate of wage. No payment will be <br /> made to the Contractor prior to the submission of such statements and the issuance by the Industrial <br /> Statistician of said Department of an acknowledgment of approval. Such statement and any <br /> supplemental statements that may be necessary shall be filed in accordance with the practices and <br /> procedures required by the Department of Labor and Industries. Upon the completion of the work, the <br /> Contractor and all of its subcontractors shall submit affidavits of wages paid to the Department of Labor <br /> and Industries in such form as may be required by said Department. Payment of the retained percentage <br /> will not be made until certification is received from the Department of Labor and Industries that the <br /> prevailing wage requirements of state law have been satisfied. <br /> Any fees charged by the Department of Labor and Industries for filing such statements or submitting such <br /> affidavits shall be the responsibility of the Contractor, and each subcontractor; if, for any reason, the <br /> Owner pays such fees, then the Contractor shall be charged the amounts thereof. <br /> 7.3. HOURS OF LABOR I <br /> Contractor shall comply with all applicable laws and regulations regarding hours of work, including, but <br /> not limited to, RCW Chap. 49.28. <br /> 7.4. CONTRACT WoRK HOURS <br /> The Contractor shall comply with Section 103 of the Contract Work Hours and Safety Standards Act(40 <br /> U.S.C. section 327-330) as supplemented by Department of Labor Regulations (29 CFR, Part 5). Under <br /> this Section the Contractor shall compute the wages of every mechanic and laborer on the basis of a <br /> standard work week of forty(40) hours. Work in excess of the standard work week is permissible, <br /> provided the worker is compensated as required by law. <br /> 7.5. OVERTIME WORK <br /> Overtime and shift work may be established as a regular procedure by the Contractor with reasonable <br /> Notice and written permission of the Owner's Representative. Permission may be denied for such <br /> EVERETT RIVERFRONT SURCHARGE GENERAL CONDITIONS ' <br /> PHASE 3 <br /> 00710-22 <br />