d. Apprentices and Tralnees (programs of the U.S. DOT).
Apprentices and trainees working under apprenticeship and
Skill {raining programs which have been certified by the
Secretary of Transportation as promoting EEO in connection
with Federal-aid highway construction programs are not
subject to the requirements of paragraph 4 of this Section IV.
The straight time hourly wage rates for apprentices and
lrainees under such programs will be established by the
particular programs, The ratio of apprentices and trainees to
journeymen shail nol be greater than permitted by the terms of
the particular program.
§. Compilance with Copeland Act requirements. The
contractor shail comply with the requirements of 29 CFR part
3, which are incorporated by reference in this contract.
6. Subcontracts, The contractor or subcontractor shall insert
Form FHWA-1273 In any subcontracts and also require the
subcontractors to include Form FHWA-1273 In any lower tier
subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor
with all the contract clauses in 29 CFR 5.5.
7. Contract termination: debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for termination
of the contract, and for debarment as a contractor and a
subcontractor as provided In 29 CFR 5.12.
8. Compilance with Davis-Bacon and Related Act
requirements. All rulings and Interpretations of the Davis-
Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5
are herein incorporated by reference in this contract.
9. Disputes concerning labor standards. Disputes arising
oul of the labor standards provisions of this contract shall not
be subject to the general disputes clause of this contract. Such
disputes shall be resolved in accordance with the procedures
of the Department of Labor set forth in 29 CFR parts 5, 6, and
7, Disputes within the meaning of this clause include disputes
between the contractor (or any of its subcontraclors) and the
contracting agency, the US. Department of Labor, or the
employees or their representatives,
10. Certification of eligibility.
a By entering into this contract, the contractor certifies that
neither it (nor he or she) nor any person or firm who has an
interest in the contractor's firm is a person or firm ineligible to
be awarded Government contracts by virtue of section 3(a) of
the Davis-Bacon Act or 29 CFR 5.12(a){1).
b. No part of this contract shail be subcontracted to any person
of firm ineligible for award of a Government contract by virtue
of section 3{a) of the Davis-Bacon Act or 29 CFR §.12(a}(1).
c. The penalty for making false statements is prescribed in the
U.S Criminal Code, 168 U.S.C 1004
Vv. CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT
The following clauses apply to any Federal-aid construction
contract in an amount in excess of $100,000 and subject to the
overtime provisions of the Contract Work Hours and Safety
Standards Act These clauses shall be inserted in addition to
the clauses required by 29 CFR 5.5(a) of 29 CFR 4.6. As
used in this paragraph, the terms laborers and mechanics
include watchmen and guards.
1. 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 shail
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 compensaticn 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.
2. Violation; lability for unpald wages; liquidated
damages. In 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
shail be liable to the United States (in {he case of work done
under contract for the District of Cotumbia or a territory, ta such
District or to such territory), 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 sel forth in paragraph (1.) of this section.
3. Withholding for unpald wages and liquidated damages.
The FHWA or the contacting agency 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
contractor or subcontractor under any such contract or any
other Federal contract with the same prime contractor, or any
other federally-assisted contract subject to the Contract Wark
Hours and Safety Standards Act, which is held by the same
prime contractor, such sums as may be determined to be
necessary {o satisfy any liabilities of such contractor or
subconiractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph (2.) of this
section.
4. Subcontracts. The contractor or subcontractor shail insert
in any subcontracts the clauses set forth in paragraph (1.)
through (4.) of this section and also a clause requiring ihe
subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for
compliance by any subcontractor or lower tler subconiractor
with the clauses set forth In paragraphs (1.) through (4.) of this
section
