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graph (1) of this paragraph, the contractor and any subcontractor <br />(4) Subcontracts. The contractor or subcontractor shall insert <br />graph (1) of this paragraph, the contractor and any subcontractor <br />responsible therefor shall be liable for the unpaid wages. In addi- <br />tion, such contractor and subcontractor shall be liable to the United <br />States (in the case of work done under contract for the District of <br />Columbia or a territory, to such District or to such territory), for <br />liquidated damages. Such liquidated damages shall be computed <br />with respect to each individual laborer or mechanic, including <br />watchmen and guards, employed in violation of the clause set <br />forth in subparagraph (1) of this paragraph, in the sum of $10 for <br />each calendar day on which such individual was required or permit- <br />ted to work in excess of the standard workweek of 40 hours without <br />payment of the overtime wages required by the clause set forth in <br />sub paragraph (1) of this paragraph. <br />(3) Withholding for unpaid wages and liquidated damages. <br />HUD or its designee shall upon its own action or upon written <br />request of an authorized representative of the Department of La- <br />bor withhold or cause to be withheld, from any moneys payable <br />on account of work performed by the contractor or subcontractor <br />under any such contract or any other Federal contract with the <br />same prime contract, or any other Federally-assisled contract <br />subject to the Contract Work Hours and Safety Standards Act <br />which is held by the same prime contractor such sums as may be <br />determined to be necessary to satisfy any liabilities of such con- <br />tractor or subcontractor for unpaid wages and liquidated damages <br />as provided in the clause set forth in subparagraph (2) of this <br />paragraph. <br />(4) Subcontracts. The contractor or subcontractor shall insert <br />in any subcontracts the clauses set forth in subparagraph (1) <br />through (4) of this paragraph and also a clause requiring the sub- <br />contractors to include these clauses in any lower tier subcontracts. <br />The prime contractor shall be responsible for compliance by any <br />subcontractor or lower tier subcontractor with the clauses set forth <br />in subparagraphs (1) through (4) of this paragraph. <br />C. Health and Safety. The provisions of this paragraph C are ap- <br />plicable only where the amount of the prime contract exceeds <br />$100,000. <br />(1) No laborer or mechanic shall be required to work in surround- <br />ings or under working conditions which are unsanitary, hazard- <br />ous, or dangerous to his health and safety as determined under <br />construction safety and health standards promulgated by the Sec- <br />retary of Labor by regulation. <br />(2) The Contractor shall comply with all regulations issued by the <br />Secretary of Labor pursuant to Title 29 Part 1926 and failure to <br />comply may result in imposition of sanctions pursuant to the Con- <br />tract Work Hours and Safety Standards Act, 40 USC 3701 at seg. <br />(3) The Contractor shall include the provisions of this para- <br />graph in every subcontract so that such provisions will be <br />binding on each subcontractor. The Contractor shall take such <br />action with respect to any subcontract as the Secretary of <br />Housing and Urban Development or the Secretary of Labor <br />shall direct as a means of enforcing such provisions. <br />form HUD-4010 (07/2003) <br />Previous edition is obsolete Page 4 of 4 ref. Handbook 1344.1