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Last modified
7/26/2024 2:09:40 PM
Creation date
7/26/2024 2:04:39 PM
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Contracts
Company Name
SWINERTON MANAGEMENT & CONSULTING
Contract #
A-2024-079
Agency
Public Works
Council Approval Date
6/4/2024
Expiration Date
12/31/2026
Insurance Exp Date
8/1/2024
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• <br /> violation of the equal opportunity clause as may be imposed upon contractors and subcontractors <br /> by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the <br /> Executive Order. In addition, the City agrees that if it fails or refuses to comply with these <br /> undertakings, the administering agency may take any or all of the following actions: cancel, <br /> terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this <br /> project; refrain from extending any further assistance to the applicant under the program with <br /> respect to which the failure or refund occurred until satisfactory assurance of future compliance <br /> has been received from such applicant; and refer the case to the Department of Justice for <br /> appropriate legal proceedings. <br /> (c) Appendix II to Part 200 (D)—Davis-Bacon Act: Not applicable to this Agreement <br /> since it is funded by CSLFRF. <br /> (d) Appendix II to Part 200 (D) — Copeland "Antti-Kickback" Act: Not applicable to <br /> this Agreement since it is funded by CSLFRF. <br /> (e) Appendix II to Part 200 (E)—Contract Work Hours and Safety Standards Act: <br /> (i) Overtime Requirements. No contractor or subcontractor contracting for any <br /> part of the contract work which may require or involve the employment of laborers or mechanics <br /> shall require or permit any such laborer or mechanic in any workweek in which he or she is <br /> employed on such work to work in excess of forty hours in such workweek unless such laborer or <br /> mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay <br /> for all hours worked in excess of forty hours in such workweek. <br /> (ii) Violation; liability for unpaid wages; liquidated damages. In the event of <br /> any violation of the clause set forth in paragraph (ii) of this section the Consultant and any <br /> subcontractor responsible therefor shall be liable for the unpaid wages. In addition,such contractor <br /> and subcontractor shall be liable to the United States(in the case of work done under contract for <br /> the District of Columbia or a territory, to such District or to such territory),for 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 paragraph (ii) of <br /> this section, in the sum of$10 for each calendar day on which such individual was required or <br /> permitted to work in excess of the standard workweek of forty hours without payment of the <br /> overtime wages required by the clause set forth in paragraph (ii)of this section. <br /> (iii) Withholding for unpaid wages and liquidated damages. The City shall upon <br /> its own action or upon written request of an authorized representative of the Department of Labor <br /> withhold or cause to be withheld, from any moneys payable on account of work performed by the <br /> Consultant or subcontractor under any such contract or any other Federal contract with the <br /> Consultant,or any other federally-assisted contract subject to the Contract Work Hours and Safety <br /> Standards Act, which is held by the Consultant, such sums as may be determined to be necessary <br /> to satisfy any liabilities of Consultant or subcontractor for unpaid wages and liquidated damages <br /> as provided in the clause set forth in paragraph (iii)of this section. <br /> (iv) Subcontracts. The Consultant or subcontractor shall insert in any <br /> subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause <br /> requiring the subcontractors to include these clauses in any lower tier subcontracts.The Consultant <br />
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