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d. Apprentices and Trainees (programs of the U.S. DOT). <br />Apprentices and trainees working under apprenticeship and <br />skill training programs which have been certified by the <br />3eraetary of Transportation as promoting EEO in connection <br />wgh Federal -aid highway construction programs are not <br />subject to the requirements of paragraph 4 of this Section IV. <br />The straight time hourly wage rates for apprentices and <br />trainees under such programs will be established by the <br />particular programs. The ratio of apprentices and trainees to <br />Journeymen shall not be greater than permitted by the terms of <br />the particular program. <br />5. Complianoe with Copeland Act requirements. The <br />contractor shall comply with the requirements of 29 CFR part <br />3, which are incorporated by reference In this contract. <br />6. Subcontracts. The contractor or subcontractor shall insert <br />Form FHWA-12731n any subcontracts and also require the <br />subcontractors to Include Form FHWA-1273 in any lower tier <br />subcontracts. The prime contractor shall be responsible for the <br />compliance by any subcontractor or lower tier subcontractor <br />with all the contract clauses in 29 CFR 5,5. <br />7. Contract termination: debarment. A breach of the <br />contract clauses in 29 CFR 5.5 may be grounds for terminatlon <br />of the contract, and for debarment as a contractor and a <br />subcontractor as provided in 29 CFR 6.12, <br />6. Compliance with Davis -Bacon and Related Act <br />requirements. All rulings and Interpretations of the Davis - <br />Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 <br />are herein incorporated by reference in [hie contract. <br />% Disputes concerning labor standards. Disputes arising <br />out of the labor standards provisions of this contract shall not <br />be subject to the general disputes clause of this contract. Such <br />disputes shall be resolved In accordance with the procedures <br />of the Department of Labor set forth In 29 CFR parts 5, 6, end <br />7. Disputes within the meaning of this clause include disputes <br />between the contractor (or any of its subcontractors) and the <br />contracting agency, the U,S. Department of Labor, or the <br />employees or their representatives. <br />10. Certification of eligibility. <br />a. By entering into this contract, the contractor certifies that <br />neither It (nor he or she) nor any person or firm who has an <br />Interest in the contractors firm Is a personor firm ineligible to <br />be awarded Government contracts by virtue of section 3(a) of <br />the Davis -Bacon Act or 29 CFR 6.12(a)(1). <br />b. No part of this contract shall be subcontracted to any person <br />or firm ineligible for award of a Government contract by virtue <br />of section 3(a) of the Davis-Baoun Act or 29 CFR 6,12(a)(1). <br />c. The penalty for making false statements is prescribed in the <br />U.S. Criminal Code, 16 U.S.C, 1001. <br />V. CONTRACT WORK HOURS AND SAFETY <br />STANDARDS ACT <br />The following clauses apply to any Federal-ald construction <br />contract In an amount in excess of $100,000 and subject to the <br />overtime provisions of the Contract Work Hours and Safety <br />Standards Act. These pauses shall be inserted In addition to <br />the clauses required by 29 CFR 6.6(a) or 29 CFR 4A. As <br />used in this paragraph, the terms laborers and mechanics <br />Include watchmen and guards. <br />1. Overtime requirements. No contractor or subcontractor <br />contracting for any part of the contract work which may require <br />or Involve the employment of laborers or mechanics shall <br />require or permit any such laborer or mechanic In any <br />workweek In which he or she is employed on such work to <br />work in excess of forty hours in such workweek unless such <br />laborer or mechanic receives compensation at a rate not less <br />than one and one-half times the basic rate of pay for all hours <br />worked in excess of forty hours In such workweek. <br />2. Violation; liability for unpaid wages; liquidated <br />damages. In the event of any violation of the clause set forth <br />In paragraph (1.) of this section, the contractor and any <br />subcontractor responsible therefor shall be liable for the <br />unpaid wages. In addition, such contractor and subcontractor <br />shall be liable to the United States (in the case of work done <br />under contract for the District of Columbia or a territory, to such <br />District or to such territory), for Iiquldated damages. Such <br />liquidated damages shall be computed with respect to each <br />Individual laborer or mechanic, including watchmen and <br />guards, employed In violation of the clause set forth in <br />paragraph (1.) of this section, in the sum of $10 for each <br />calendar day on which such individual was required or <br />permitted to work In excess of the standard workweek of forty <br />hours out payment of the overtime wages required by the <br />clause set forth In paragraph (1.) of this section. <br />3, Withholding for unpaid wages and liquidated damages. <br />The FHWA or the contacting agency shall upon Its own action <br />or upon written request of an authorized representative of the <br />Department of Labor withhold or cause to be withheld, from <br />any moneys payable on account of work performed by the <br />contractor or subcontractor under any such contract or any <br />other Federal contract with the some prime contractor, or any <br />other federally -assisted contract subject to the Contract Work <br />Hours and Safety Standards Act, which is hold by the same <br />prime contractor, such sums as may be determined to be <br />necessary to satisfy any liabilities of such contractor or <br />subcontractor for unpaid wages and liquidated damages as <br />provided in the clause set forth in paregraph (2.) of this <br />section. <br />4. Subcontracts. The contractor or subcontractor shall insert <br />In any subcontracts the clauses set forth In paragraph (1.) <br />through (4.) of this section and also a clause requiring the <br />subcontractors to Include these clauses In any lower tier <br />subcontracts. The prime contractor shall be responsible for <br />compliance by any subcontractor or lower tier subcontractor <br />with the clauses set forth In paragraphs (1.) through (4.) of this <br />section. <br />