54)
55)
Pursuant to Department of Labor regulations, "Labor Standards Provisions Applicable to
Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards
Provisions Applicable to Non-construction contracts subject to the Contract Work Hours and
Safety Standards Act),” 29 CFR, Part 5, and pertaining to all federally-assisted non-construction
contracts of $2,500 let by THE AUTHORITY, the affected Contractor shall comply with the
following provisions:
Overtime requirements - No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any workweek in which he or she is
employed on such work to work In excess of forty hours in such workweek unless such laborer
or 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 hours in such workweek.
Violation; ability for unpaid wages; liquidated damages - fn the event of any violation of
the clause set forth in paragraph (1) of this section the contractor and any subcontractor
responsible therefor shall be liable for the unpaid wages. In addition, such contractor 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 (1) of this
section, in the sum of $10 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the
overtime wages required by the clause set forth in paragraph (1) of this section.
Withholding for unpaid wages and liquidated damages - The (write in the name of the
grantee) shal] 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 contractor or subcontractor under any such contract or any other Federal
contract with the same prime contractor, or any other federaily-assisted contract subject to the
Contract Work Hours and Safety Standards Act, which is held by the same prime contractor,
such sums as may be determined to be necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in
paragraph (2) of this section.
Subcontracts - The contractor or subcontractor shail insert in any subcontracts the clauses set
forth in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors
to inchide these clauses in any lower tier subcontracts. The prime contractor shall be
responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set
farth in paragraphs (1) through (4) of this section.
LIQUIDATED DAMAGES {Rolling Stock)
There shalt be a penalty of $100.00 per calendar day as liquidated damages in the event the project is
not completed by the pre-established completion date set forth in the contract or proposal. The
charge so stated is an estimate of the minimum cost incurred by the late completion and said shall be
deducted from the Bidder's iast payment request, or invoiced in the event that no funds are owed.
FLY AMERICA (WHERE APPLICABLE)
The Bidder agrees to comply with 49 U.S.C, 40118 (the "Fly America” Act) in accordance with
the General Services Administration's regulations at 41 CFR Part 301-10, which provide that
recipients and sub recipients of Federal funds and their contractors are required to use U.S. Flag air
carriers for U.S. Government-financed international air travel and transportation of their personal
effects or property, to the extent such service is available, unless travel by foreign air carrier is a
matter of necessity, as defined by the Fly America Act. The Bidder shall submit, if a foreign air
carrier was used, an appropriate certification or memorandum adequately explaining why service
by a U.S, flag air carrier was not available or why it was necessary to use a foreign air carrier and
36
