26. QUALITY ASSURANCE/QUALITY CONTROL
a. The Contractor shall maintain a Quality Assurance/Quality Control system satisfactory to the Authority to ensure that sufficient technical requirements are established, that products and/or services conform to those requirements and that satisfactory performance is achieved. At a minimum a final test or inspection shall be performed that demonstrates that the product operates satisfactorily or is in compliance with the specifications, and a certification shall be provided to the COTR. The Contractor shall keep completed records for a period of three (3) years after the contract expiration date and make them available to the Authority if requested.
27. GARNISHMENT OF PAYMENTS
Payment under this contract shall be subject to any garnishment and attachment orders issued pursuant to the laws of Maryland, Virginia, and the District of Columbia, and to levies under the laws of the United States.
28. LIVING WAGE
This contract is subject to the Authority=s Living Wage Policy and implementing regulations. The Living Wage provision is required in all contracts for services (including construction) awarded in an amount that exceeds $100,000 in a 12-month period.
(a) The Authority Living Wage Rate is
$12.49 per hour, and may be reduced by the contractor=s per-employee cost for health insurance.
(b) The Contractor shall:
(1) Pay,
at a minimum, the Authority Living Wage Rate, effective during the time the work is performed, to all employees who perform work under this contract, except as otherwise provided in paragraph (d) below;
(2) Include the Living Wage clause in all subcontractors that exceed $15,000 in a 12-month period
awarded under this contract;
(3) Maintain payroll records, in accordance with the retention and examination of records requirements in the General Provisions, and shall include a similar provision in affected subcontracts that requires the subcontractor to maintain its payroll records for the same length of time; and
(4) Submit records with each monthly invoice supporting payment of the Living Wage Rate.
(c) The Contractor shall not
split or subdivide a contract, pay an employee through a third party, or treat an employee as a subcontractor or independent contractor to avoid compliance with the Living Wage provisions.
(d) Exemptions to the Living Wage provisions include:
(1) Contracts and agreements with higher negotiated wage rates,
(2) Contracts that are subject to higher wage rates required by federal law or collective bargaining agreements (e.g., Davis Bacon);
(3) Contracts or agreements for regulated utilities;
Criminal background checks of all contractor employees working at a WMATA facility on this contract will be required. Eligibility for access to WMATA property will be based on WMATA=s pre-employment Criminal Background Check criteria. WMATA will provide the contractor employees with background check consent forms that the contractor employees must complete and sign. The forms will require the contractor employees to appear in person, provide their full legal names, including middle initials if applicable, as well as their Social Security numbers, in addition to other information that will be necessary to conduct the background checks. The operating hours are Monday through Friday from 7:30AM - 3:30PM except holidays. Upon receipt of the completed, signed forms, WMATA will conduct background checks including criminal court searches and Social Security Number verifications of the contractor employees. If there is derogatory information that would disqualify a contractor employee from receiving a badge to access WMATA property, the Contractor and its contractor employee will be notified that the background check failed. The completed forms are secured in a locked file cabinet and are destroyed one year after the expiration date on the contractor employee=s badge. These background checks are expected to take one (1) business day for processing, so the contractor employee must allow sufficient time for completion. The background check is free of charge.
The Contractor shall replace employees who the Authority judges to be incompetent, careless, unsuitable or otherwise objectionable, or whose continued use is deemed contrary to the best interests of the program. The reason for replacement will be discussed between the Contractor and the Authority before a replacement request is issued. Upon receipt of a written request from the Authority, the Contractor shall proceed with the replacement unless the Contractor is able to demonstrate that the Authority=s request is unreasonable. The replacement request will include the desired replacement date and the reason for the request. The Contractor shall effect the replacement in a manner that does not impact quality, cost or schedule.