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2019-085C
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2019-085C
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2019-155A
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B. Compliance with the Contract Work Hours and Safety Standards Act: <br />(1) Overtime requirements. No contractor or subcontractor contracting for any part of the <br />contract 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 work to <br />work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation <br />at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty <br />hours in such workweek. <br />(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the <br />clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor <br />shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the <br />United States (in the case of work done under contract for the District of Columbia or a territory, to such <br />District or to such territory), for liquidated damages. Such liquidated damages shall be computed with <br />respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of <br />the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such <br />individual was required or permitted to work in excess of the standard workweek of forty hours without <br />payment of the overtime wages required by the clause set forth in paragraph (1) of this section. <br />(3) Withholding for unpaid wages and liquidated damages. The Owner shall upon its own action <br />or upon written request of an authorized representative of the Department of Labor withhold or cause to <br />be withheld, from any moneys payable on account of work performed by the contractor or subcontractor <br />under any such contract or any other Federal contract with the same prime contractor, or any other <br />federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by <br />the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of <br />such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set <br />forth in paragraph (2) of this section. <br />(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set <br />forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include <br />these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by <br />any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of <br />this section. <br />C. Clean Air Act: <br />(1) The contractor agrees to comply with all applicable standards, orders or regulations issued <br />pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. <br />(2) The contractor agrees to report each violation to the FDEP and understands and agrees that <br />the FDEP will, in turn, report each violation as required to assure notification to Indian River County <br />Utilities Federal Emergency Management Agency, and the appropriate Environmental Protection Agency <br />Regional Office. <br />(3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 <br />financed in whole or in part with Federal assistance provided by FEMA. <br />D. Federal Water Pollution Control Act: <br />(1) The contractor agrees to comply with all applicable standards, orders or regulations issued <br />pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. <br />(2) The contractor agrees to report each violation to the FDEP and understands and agrees that <br />the FDEP will, in turn, report each violation as required to assure notification to the Indian River County <br />Utilities, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency <br />Regional Office. <br />(3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 <br />financed in whole or in part with Federal assistance provided by FEMA. <br />Page 9 of 13 <br />
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