the Employment and Training Administration shall be paid
<br />not less than the applicable wage rate on the wage
<br />determination for the work actually performed, In addition,
<br />any trainee performing work on the job site in excess of
<br />the ratio permitted under the registered program shall be
<br />paid not less than the applicable wage rate on the wage
<br />determination for the work actually performed. In the
<br />event the Employment and Tralning Administration
<br />withdraws approval of a training program, the contractor
<br />will no longer be permitted to utllize trainees at less than
<br />the applicable predetermined rate for the work performed
<br />until an acceptable program is approved.
<br />(ill) Equal employment opportunity. The utilization of
<br />apprentices, trainees and Journeymen under 29 CFR part 5
<br />shall be in conformity with the equal employment
<br />opportunity requirements of Executive Order 11246, as
<br />amended, and 29 CFR Part 30.
<br />5. Compliance with Copeland Act requirements. The
<br />contractor shall comply with the requirements of 29 CFR
<br />Part 3 which are Incorporated by reference In this contract
<br />5. Subcontracts. The contractor or subcontractor will
<br />Insert in any subcontracts the clauses contained In
<br />subparagraphs 1 through 11 In this paragraph A and such
<br />other clauses as HUD or Its designee may by appropriate
<br />Instructions require, and a copy of the applicable
<br />prevailing wage decision, and also a clause requiring the
<br />subcontractors to Include these clauses in any lower tier
<br />subcontracts, The prime contractor shall be responsible
<br />for the compliance by any subcontractor or lower tier
<br />subcontractor with all the contract clauses In this
<br />paragraph.
<br />7. Contract termination; debarment. A breach of the
<br />contract clauses in 29 CFR 5.5 may be grounds for
<br />termination of the contract and for debarment as a
<br />contractor and a subcontractor as provided in 29 CFR
<br />5.12.
<br />8. Compliance with Davis -Bacon and Related Act Requirements.
<br />All rulings and interpretations of the Davls-Bacon and
<br />Related Acts contained in 29 CFR Parts 1, 3, and 5 are
<br />herein Incorporated by reference In this contract
<br />9. Disputes concerning labor standards. Disputes
<br />arising out of the labor standards provisions of this
<br />contract shall not be subject to the general disputes
<br />clause of this contract, Such disputes shall be resolved In
<br />accordance with the procedures of the Department of
<br />Labor set forth In 29 CFR Parts 5, 6, and 7. Disputes
<br />within the meaning of this clause Include disputes between
<br />the contractor (or any of its subcontractors) and HUD or
<br />its designee, the U,S, Department of Labor, or the
<br />employees or their representatives.
<br />10. (1) Certification of Eligibility. By entering Into Chia
<br />contract the contractor certifies that neither it (nor he or
<br />she) nor any person or firm who has an interest in the
<br />contractor's firm is a person or firm Ineligible to be
<br />awarded Government contracts by virtue of Section 3(a) of
<br />the Davis -Bacon Act or 29 CFR 5,12(a)(1) or to be
<br />awarded HUD contracts or participate In HUD programs
<br />pursuant to 24 CFR Part 24.
<br />(il) No part of this contract shall be subcontracted to any
<br />parson or firm Ineligible for award of a Government
<br />contract by virtue of Section 3(a) of the Davis -Eaton Act
<br />or 29 CFR 5,12(a)(1) or to be awarded HUD contracts or
<br />participate In HUD programs pursuant to 24 CFR Part 24.
<br />(til) The penalty for making false statements la prescribed
<br />In the US, Criminal Code, 18 U.S.C. 1001. Additionally,
<br />U.S. Criminal Cade, Section 1 01 0, Title 18, U.S.C„
<br />"Federal Housing Administration transactions', provides In
<br />part: "Whoever, for the purpose of ... Influencing In any
<br />way the action of such Administration..;,. makes, utters or
<br />publishes any statement knowing the same to be false.,,,,
<br />shall be fined not more then $6,000 or Imprisoned not
<br />more than two years, or both."
<br />11. Complaints, Proceedings, or Testimony by
<br />Employees, No laborer or mechanic to whom the wage,
<br />salary, or other labor standards provisions of this Contract
<br />are applicable shall be discharged or In any other manner
<br />discriminated against by the Contractor or any
<br />subcontractor because such employee has filed any
<br />complaint or Instituted or caused to be instituted any
<br />proceeding or has tastlfled or is about to testify In any
<br />proceeding under or relating to the labor standards
<br />applicable under this Contract to his employer.
<br />B. Contract Work Hours and Safety Standards Act The
<br />provisions of this paragraph E are applicable whore the amount of the
<br />prime contract exceeds $100,000. As used in this paragraph, the
<br />tows "laborers"and "mechanics"Include watchmen and guards.
<br />(1) Overtime requirements. No contractor or subcontractor
<br />contracting for any part of the contract work which may require or
<br />Involve the employment of laborers or mechanics shall require or
<br />permit any such laborer or mechanic In any workweek In which the
<br />Individual Is employed on such work to work In excess of 40 hours In
<br />such workweek unless such laborer or mechanic receives
<br />compensation at a rate not less than one and one-half times the basic
<br />rate of pay for all hours worked in excess of 40 hours in such
<br />workweek,
<br />(2) Violation; liability fon unpaid wages; liquidated
<br />damages. In the event of any violation of the clause set
<br />forth in subparagraph (1) of this paragraph, the contractor
<br />and any subcontractor responsible therefor shall be liable
<br />for the unpaid wages. In addition, such contractor and
<br />subcontractor shall be liable to the United States (In the
<br />case of work done under contract for the District of
<br />Columbia or a territory, to such District or to such
<br />territory), For liquidated damages. Such Ilquldated
<br />damages shall be computed with respect to each Individual
<br />laborer or moohanic, Including watchmen and guards,
<br />employed in violation of the clause set forth In
<br />subparagraph (1) of this paragraph, Inlhesumof$10foreach
<br />calendar day on which such Individual was required or permitted to
<br />work in excess of the standard workweek 01`40 hours without payment
<br />of the ovodime wages required by the clause set forth In sub
<br />paragraph (1) of this paragraph.
<br />Previous editions are obsolete form HUD -4010 (06/2009)
<br />Page 4 of 5 ref. Handbook 1344,1
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