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C , Helpers : Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV .2 . Any worker listed on a payroll at a helper wage rate , who is not a helper under an approved definition , shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed . (5) Apprentices and Trainees ( Programs of the U .S . DOT) : Apprentices and trainees working under apprenticeship and skill training 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 . The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs . The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program . (6 ) Withholding : The County shall upon its own action or upon written request of FDOT or an authorized representative of the DOL , withhold , or cause to be withheld , from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics , including apprentices , trainees , and helpers , employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice , trainee , or helper, employed or working on the site of the work, all or part of the wages required by the contract, FDOT may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance , or guarantee of funds until such violations have ceased . (7 ) Overtime Requirements : No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers , mechanics , watchmen , or guards (including apprentices , trainees , and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer , mechanic, watchman , or guard in any workweek in which he/she is employed on such work , to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman , or guard receives compensation at a rate not less than one-and-one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek . (8 ) Violation : Liability for Unpaid Wages ; Liquidated Damages : In the event of any violation of the clause set forth in paragraph 7 above , the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages . In addition , such contractor and subcontractor shall be liable to the United States ( in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages . Such liquidated damages shall be computed with respect to each individual laborer, mechanic , watchman , or guard employed in violation of the clause set forth in paragraph 7 , in the sum of $ 10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7 . 11 F :\Engineering\Capital Projects\0604- 12th St Sidewalk Improve between 43rd Ave & 27th Ave\0604 Federal Contract Provisions .doc erzsiM azo.sa PM