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I <br /> Icorresponding journeyman wage rate on the wage determination set forth in 29 CFR parts 5,6,and 7. Disputes within the meaning <br /> which provides for less than full fringe benefits for apprentices. of this clause include disputes between the contractor(or any of <br /> Any employee listed on the payroll at a trainee rate who is not its subcontractors)and the contracting agency,the <br /> I registered and participating in a training plan approved by the U.S.Department of Labor,or the employees or their <br /> Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the representatives. <br /> classification of work actually performed. In addition,any trainee 10. Certification of eligibility(29 CFR 5.5) <br /> performing work on the job site in excess of the ratio permitted <br /> under the registered program shall be paid not less than the <br /> applicable wage rate on the wage determination for the work a.By entering into this contract,the contractor certifies that <br /> actually performed. neither it(nor he or she)nor any person or firm who has an <br /> interest in the contractor's firm is a person or firm ineligible to <br /> In the event the Employment and Training Administration the Davis Bacon Act or 29 CFR 5.12(a)(1). <br /> withdraws approval of a training program,the contractor will no be awarded Government contracts by virtue of section 3(a)of <br /> longer be permitted to utilize trainees at less than the applicable <br /> predetermined rate for the work performed until an acceptable b. No part of this contract shall be subcontracted to any person <br /> I program is approved. or firm ineligible for award of a Government contract by virtue <br /> of section 3(a)of the Davis-Bacon Act or 29 CFR5.12(a)(1). <br /> c. Equal employment opportunity.The utilization of <br /> apprentices,trainees and journeymen under this part shall be c.The penalty for making false statements is prescribed in the <br /> I <br /> in conformity with the equal employment opportunity requirements of Executive Order 11246,as amended,and 29 U.S.Criminal Code, 18 U.S.C. 1001.V. CONTRACT WORK HOURS AND SAFETYSTANDARDS <br /> CFR part 30. <br /> ACT <br /> d. Apprentices and Trainees(programs of the U.S.DOT). <br /> Pursuant to 29 CFR 5.5(b),the following clauses apply to any <br /> Federal-aid construction contract in an amount in excess of <br /> Apprentices and trainees working under apprenticeship and $100,000 and subject to the overtime provisions of the Contract <br /> Iskill training programs which have been certified by the Work Hours and Safety Standards Act.These clauses shall be <br /> Secretary of Transportation as promoting EEO in connection inserted in addition to the clauses required by 29 CFR 5.5(a)or <br /> with Federal-aid highway construction programs are not subject 29 CFR 4.6.As used in this paragraph,the terms laborers and <br /> to the requirements of paragraph 4 of this Section IV.23 CFR mechanics include watchmen and guards. <br /> 230.111(e)(2).The straight time hourly wage rates for <br /> I <br /> apprentices and trainees under such programs will be <br /> established by the particular programs.The ratio of apprentices 1.Overtime requirements.No contractor or subcontractor <br /> and trainees to journeymen shall not be greater than permitted contracting for any part of the contract work which may require <br /> by the terms of the particular program. or involve the employment of laborers or mechanics shall <br /> require or permit any such laborer or mechanic in any <br /> workweek in which he or she is employed on such work to <br /> 5.Compliance with Copeland Act requirements.The work in excess of forty hours in such workweek unless such <br /> contractor shall comply with the requirements of 29 CFR part laborer or mechanic receives compensation at a rate not less <br /> 3,which are incorporated by reference in this contract as than one and one-half times the basic rate of pay for all hours <br /> provided in 29 CFR 5.5. worked in excess of forty hours in such workweek.29 CFR <br /> 5.5. <br /> 6.Subcontracts.The contractor or subcontractor shall insert <br /> Form FHWA-1273 in any subcontracts and also require the 2.Violation;liability for unpaid wages; liquidated <br /> 111 subcontractors to include Form FHWA-1273 in any lower tier damages. In the event of any violation of the clause set forth <br /> subcontracts.The prime contractor shall be responsible for the in paragraph 1 of this section,the contractor and any <br /> compliance by any subcontractor or lower tier subcontractor subcontractor responsible therefor shall be liable for the <br /> with all the contract clauses in 29 CFR 5.5. unpaid wages. In addition,such contractor and subcontractor <br /> I <br /> shall be liable to the United States(in the case of workdone <br /> 7.Contract termination:debarment.A breach of the under contract for the District of Columbia or a territory,to such <br /> contract clauses in 29 CFR 5.5 may be grounds for termination District or to such territory),for liquidated damages.Such <br /> of the contract,and for debarment as a contractor and a liquidated damages shall be computed with respect to each <br /> individual laborer or mechanic,includingwatchmen and guards, <br /> I <br /> subcontractor as provided in 29 CFR 5.12. <br /> employed in violation of the clause set forth in paragraph 1 of <br /> this section, in the sum currently provided in 29 CFR 5.5(b)(2)* <br /> 8.Compliance with Davis-Bacon and Related Act for each calendar day on which such individual was required or <br /> requirements.All rulings and interpretations of the Davis- permitted to work in excess of the standard workweek of forty <br /> I <br /> Bacon and Related Acts contained in 29 CFR parts 1,3,and 5 hours without payment of the overtime wages required by the <br /> are herein incorporated by reference in this contract as clause set forth in paragraph 1 of this section.29 CFR 5.5. <br /> provided in 29 CFR 5.5. <br /> *$27 as of January 23,2019(See 84 FR 213-01,218)as may <br /> i <br /> 9.Disputes concerning labor standards.As provided in 29 be adjusted annually by the Department of Labor;pursuant to <br /> CFR 5.5,disputes arising out of the labor standards provisions the Federal Civil Penalties Inflation Adjustment Act of 1990). <br /> of this 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 Labor <br /> 1 <br />