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R2023-159 Resolution Accepting the Proposal and Authorizing the Execution of an Agreement for Professional Services for the Electric Vehicle Readiness Plan with CDM Smith
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R2023-159 Resolution Accepting the Proposal and Authorizing the Execution of an Agreement for Professional Services for the Electric Vehicle Readiness Plan with CDM Smith
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8/10/2023 9:44:30 AM
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Resolution/Ordinance
Res Ord Num
R2023-159
Res Ord Title
R2023-159 Resolution Accepting the Proposal and Authorizing the Execution of an Agreement for Professional Services for the Electric Vehicle Readiness Plan with CDM Smith
Department
Mass Transit
Approved Date
8/7/2023
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(a) Overtime Requirements: No contractor or subcontractor contracting for any part of the contract <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 work week in which he or she is employed on such <br /> work to work in excess of forty hours in such work week unless such laborer or mechanic received <br /> compensation no less than one and one-half times the basic rate of pay for all hours worked in <br /> excess of forty hours in such work week. <br /> (b) Violation; Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the <br /> clause set forth in subparagraph (b)(1) of 29 CFRCFR Section 5.5, the Contractor and any <br /> subcontractor responsible thereof shall be liable for unpaid wages. In addition, such Contractor <br /> and subcontractor shall be liable to the United States(in case of work done under contract for the <br /> District of Columbia or a territory, to such district or such territory), for all liquidated damages. <br /> Such liquidated damages shall be computed with respect to each individual laborer or mechanic, <br /> including watchmen and guards, employed in violation of the clause set forth in subparagraph <br /> (b)(1) of 29 CFR Section 5.5 in the sum of$10 for each calendar day on which such individual was <br /> required or permitted to work in excess of the standard work week of forty hours without payment <br /> of overtime wages required by the clause set forth in subparagraph (b)(1)of 29 CFR Section 5.5. <br /> (c) Withholding for Unpaid Wagers and Liquidated Damages: DOT, FTA,or DPTS shall upon their own <br /> action or upon written request of an authorized representative of the Department of Labor <br /> withhold,or cause to be withheld,from any monies payable on account of work performed by the <br /> Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause <br /> set forth in forth in subparagraph (b)(2)of 29 CFR Section 5.5. <br /> (d) Subcontractors: The Contractor or subcontractor shall insert in any subcontracts the clauses set <br /> forth in above paragraphs under the heading of Labor Provisions and shall also require <br /> subcontractors to include these clauses in any lower tier subcontracts.The prime contractor shall <br /> be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses <br /> set forth in the paragraphs of this section. <br /> (e) The requirements of the clauses contained in 29 CFR Part 5.5(b) or (a) through (d) above are <br /> applicable to any contract subject to the overtime provisions of the Contract Work Hours and <br /> Safety Standards Act and not to any of the other statutes cited in 29 CFR Part 5.1.The Contractor <br /> or subcontractor shall maintain payrolls and basic payroll records during the course of the work <br /> and shall preserve them for a period of three(3)years from the completion of the contract for all <br /> laborers and mechanics, including guards and watchmen, working on the contract. Such records <br /> shall contain the name and address of each employee, social security number, correct <br /> classifications, hourly rates of wages paid, daily and weekly number of hours worked,deductions <br /> made, and actual wages paid. The records to be maintained under this paragraph shall be made <br /> available by the Contractor or the subcontractor for inspection, copying, or transcription by <br /> authorized representatives of DOT,the Department of Labor, FTA, or the City.The Contractor or <br /> subcontractor will permit such representatives to interview employees during working hours on <br /> the job. <br /> 19 <br />
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