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DocuStgn Envelope ID: 27562A39-5489-4980-BOFD-AE1DCBC76974 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 Federahaid 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 undei 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. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in flips contract. fi. Subcontracts. The contractor or subcontractor shag insert Form FHWA•1273 in any subcontracts and also require the subcontractors to include Form FMA -1273 in any lower tier subcontracts. The prime contractor shag be responsible for the cormpi anee by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. T. Contract termination: debannont. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contrail, and for debamnent as a contractor and a subcontractor as provided In 29 CFR 5.12. t. Compliance with Davis -Bacon and Related Act requirements. All rulings and Interpretations of tine Devis- Bacon and Related Acs contained In 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of ft labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of labor set forth in 29 CFR parts 5, 8, 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 ft 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 firm 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)(i). b. No part of this contract shag be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(ax1). c Tho penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following dames apply to any rederat aid 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 causes shall 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. 1: Dvertime requirements. No contractor or subcontracttor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall 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 taborer or mechanic receives compensation at a rate not less than one and one-half times the basic rata of pay for all hours worked in excess of forty hours to such workweek, 2. Violation; liability for unpaid wages; liquidated damages. in the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shag be liable for the 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 shag be computed with respect to each Individual laborer or mechanic, including watchmen and guards, employed In violation of the cause set forth in paragraph (i.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in wi ceas of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth In paragraph (1.) of this section. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon is own action or upon written request of an authorized representative of the Department of labor withhold or cause to be withhold, 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 some prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the some prime contractor. such surra as may be detemined 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 inset 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 suboonbactor with the clauses set forth in paragraphs (1.) through (4.) of this section. P58