King County Metro 12/27/2016 - Laserfiche WebLink

mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty (40) hours in such workweek. D. Payrolls and Basic Records. Payrolls and basic records relating thereto shall be maintained by the COUNTY during the course of the Work and preserved for a period of six (6) years thereafter for all laborers and mechanics working at the site of the Work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the Work). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act, daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 C.F.R. 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the COUNTY shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. COUNTY'S employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable prog rams. E. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (C) of this Section the COUNTY and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such COUNTY and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (C) of this Section, in the sum of ten dollars ($10) for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the clause set forth in paragraph (C) of this Section. F. Withholding for unpaid wages and liquidated damages. The COUNTY shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of Work performed by the COUNTY or subcontractor under any such contract or any other Federal contract with the same prime COUNTY, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime COUNTY, such sums as may be determined to be necessary to satisfy any liabilities of such COUNTY or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (E) of this Section. G. Public Transportation Employee Protective Agreement. To the extent required by Federal Law, the COUNTY agrees to implement the Work in accordance with the terms and conditions that the U.S. Secretary of Labor has determined to be fair and equitable to protect the interests of any employees affected by the Work and that comply with the requirements of 49 U.S.C. § 5333 (b), in accordance with the U. S. DOL guidelines, "Section 5333(b), Federal Transit Law," 29 C.F.R. Part 215 and any amendments thereto. These terms and conditions are identified in U.S. DOL's certification of public transportation employee protective arrangements to FTA. The COUNTY agrees to implement the Work in accordance with the conditions stated in that U.S. DOL certification, which certification and any documents cited therein are incorporated by reference and made part of this Task Order. The COUNTY also agrees to comply with the terms and conditions of the Special Warranty for the Non-urbanized Area Program that is most current as of the date of execution of this Task Order and any alternative GCA 6141 Exhibit A FTA Provisions Page 10 of 12