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Federal Transit Administration Clauses <br /> under working conditions which are unsanitary, hazardous or dangerous. These requirements do not <br /> apply to the purchases of supplies or 64 materials or articles ordinarily available on the open market, or <br /> contracts for transportation or transmission of intelligence. <br /> Under 40 U.S.C. § 3702 of the Act, the Contractor shall compute the wages of every mechanic and <br /> laborer, including watchmen and guards,on the basis of a standard work week of forty (40) hours. Work <br /> in excess of the standard work week is permissible provided that the worker is compensated at a rate of <br /> not less than one and a half times the basic rate of pay for all hours worked in excess of forty (40) <br /> hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and <br /> provide that no laborer or mechanic be requiredto work in surroundings or under working conditions <br /> which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchase of <br /> supplies or materials or articles ordinarily available on the open market, or to contracts for <br /> transportation or transmission of intelligence. <br /> In the event of any violation of the clause set forth herein,the Contractor and any subcontractor <br /> responsible therefor shall be liable for the unpaid wages. In addition,the Contractor and subcontractor <br /> shall be liable to the United States (in the case of work done under contract for the District of Columbia <br /> or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages <br /> shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, <br /> employed in violation of this clause in the sum of $10 for each calendar day on which such individual <br /> was required or permitted to work in excess of the standard workweek of forty hours without payment <br /> of the overtime wages required by this clause. <br /> The FTA shall upon its own action or upon written request of an authorized representative ofthe <br /> Department of Labor withhold or cause to be withheld,from any moneys payable on account of work <br /> performed by the Contractor or subcontractor under any such contract or any other Federal contract <br /> with the same prime Contractor, or any other federally-assisted contract subject to the Contract Work <br /> Hours and Safety Standards Act,which is held by the same prime Contractor, such sums as may be <br /> determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid <br /> wages and liquidated damages as provided in this section. <br /> The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section and <br /> also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The <br /> prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor <br /> with the clauses set forth in this agreement. <br /> 15. CONTRACT WORK HOURS AND SAFETY STANDARDS FOR AWARDS <br /> NOT INVOLVING CONSTRUCTION (NOT APPLICABLE) <br /> The Contractor shall comply with all federal laws, regulations, and requirements providing wage and <br /> hour protections for non-construction employees, in accordance with 40 U.S.C. § 3702, Contract Work <br /> Hours and Safety Standards Act, and other relevant parts of that Act, 40 U.S.C. § 3701 et seq., and U.S. <br /> DOL regulations, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and <br /> Assisted Construction (also Labor Standards Provisions Applicable to Non-construction Contracts Subject <br /> to the Contract Work Hours and Safety Standards Act)," 29 C.F.R. part 5. <br /> The Contractor shall maintain payrolls and basic payroll records during the course of the work and shall <br /> preserve them for a period of three (3)years from the completion of the contract for all laborers and <br /> mechanics, including guards and watchmen, working on the contract. Such records shall contain the <br /> 16 <br />