06/21/2016 (4) - Laserfiche WebLink

Home Browse Search

d. 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 IV. 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 terns of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall 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 Forth FHWA-1273 in any subcontracts and also require the subcontractors to include Forth 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. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federalaid 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 shag be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. I. 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 shag 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 compensation 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. 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. 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 firth 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 shall be subcontracted to any person or firth ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. 3. Withholding for unpaid wages and liquidated damages. The FMA or the contacting agency shag 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 Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor 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 shag insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shag be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section. 57 2. Violation; liability for unpaid wages; liquidated 7. Contract termination: debarment A breach of the damages. In the event of any violation of the clause set forth contract clauses in 29 CFR 5.5 may be grounds for termination in paragraph (1.) of this section, the contractor and any of the contract, and for debarment as a contractor and a subcontractor responsible therefor shag be liable for the -----•_--.-- _-- subcontractor_ as- provided in 29 CFR 5.12.-- --- --- — ------------- unpaid wages._In addition, such-contractor-and-subcontractor-- nd-subcontractor_-- -----.----_.----•-------- - -- -- --- --- -- --- -- --- ---- --- - --- --- - -- -- ---shall- ----------- - ------ - ------ -- -shall be liable to the United States (n tfie case bf werk done— 8. Compliance withDavis-Bacon-and-Related Act - -- under contract for the District of Columbia or a territory, to such -- --- District or tosuch-te - - - meorY).-foriigaidated�afi�ges:-Such — -- -- --- - r---requirements. All rutin and rota eq rulings interpretations of the Davis- _-_-_Bacon and.Related Ads.contained.in 29 CFR -parts -1, 3; and 5 liquidated damages shag be computed with respect to each ----individual laborer or mechanic, -including watchmen and - are herein incorporated by reference in this contract guards, employed in violation of the clause set forth in o niep6ft., Paragraph (1.) of this section, in the sum of $10 for each calendar day n..AW ' seneewdng labor standards- Di -s -pales out of the labor standards provisions of this contrail shall not Yal VMS FOgWF 3d OF permitted to work in excess of the standard workweek of forty be subject to the g�ralslisp hours without payment of the overtime wanes required by the disputes shall be resolved in accordance with the procedures clause set torth to paragraph (1.) of this section. 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 subcontractors) and the contracting agency, the U.S. 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 firth 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 shall be subcontracted to any person or firth ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. 3. Withholding for unpaid wages and liquidated damages. The FMA or the contacting agency shag 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 Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor 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 shag insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shag be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section. 57