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2017-089
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Last modified
10/20/2017 9:41:51 AM
Creation date
6/19/2017 12:38:47 PM
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Official Documents
Official Document Type
Agreement
Approved Date
06/13/2017
Control Number
2017-089
Agenda Item Number
8.H.
Entity Name
Florida Department of Transportation
Hurricane Matthew
Federal Highway Adminsitration
Subject
Local Government Emergency Relief Reimbursement Agreement
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subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and <br /> trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to <br /> journeymen°shall not be greater than permitted by the terms of the particular program. <br /> 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, <br /> which are incorporated by reference in this contract. <br /> 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require <br /> the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible <br /> for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. <br /> 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of <br /> the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. <br /> 8. Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon <br /> and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. <br /> 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not <br /> be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the <br /> procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause <br /> include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of <br /> Labor, or the employees or their representatives. <br /> 10. Certification of eligibility. <br /> a. By entering into this contract, the contractor certifies that neither it(nor he or she) nor any person or firm who has an <br /> interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) <br /> of the Davis-Bacon Act or 29 CFR 5.12(a)(1). <br /> b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by <br /> virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). <br /> c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. <br /> V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT <br /> The following clauses apply to any Federal-aid construction contract in an amount in excess of$100,000 and subject to <br /> the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition <br /> to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics <br /> include watchmen and guards. <br /> 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may <br /> require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any <br /> workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such <br /> laborer or mechanic 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 hours in such workweek. <br /> 2.Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in <br /> paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid <br /> wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under <br /> contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such <br /> liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and <br /> guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of$10 for each calendar <br />
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