Agmt23 BKF Engineers Tract Pump Station Improvement Project

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REV: 11-07-23 SK work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (a) of this section. c. Withholding for unpaid wages and liquidated damages. The City 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 Consultant or subcontractor under any such Agreement or any other Federal Agreement with the same prime contractor, or any other federally-assisted Agreement subject to the Agreement 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 (b) of this section. d. Subcontracts. Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (a) through (d) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. Consultant shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (a) through (d) of this section. e. This Section 8 does not apply to the purchase of supplies or materials or articles ordinarily available on the open market, or Agreements for transportation or transmission of intelligence. 7. Clean Air Act. If this Agreement is for a price in excess of $150,000, Consultant agrees as follows: a. Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. b. Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. c. Consultant agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. 8. Federal Water Pollution Act. If this Agreement is for a price in excess of $150,000, Consultant agrees as follows: ATTY/AGR.2023.241/BKF Engineers (Price Tract Pump Station Design) (Page 50 of 54)