R2003-170 AUTHORIZING WATER MAIN AGREEMENT

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Contractor will no longer be permitted to urilize trainees at less than the applicable predeternrined rate for the work perforxned until an acceptable program is approved. (3) Equal employment opportunity. The urilization of apprenrices, trainees, and journeymen under this clause shall be in conformity with the equal employment opportunity requirements of Executive Order 11246,as amended,and 29 CFR Part 30. (e) Compliance with Copeland Act requirements.T'he Contractor shall comply with the requirements of 29 CFR Part 3,which are hereby incorporated by reference in this contract. (fl Contract termination; debarment. A breach of this contract clause may be grounds for terminarion of the contract and for debarment as a Contractor and a subcontractor as provided in 29 CFR 5.12. (g) Compliance with Davis-Bacon and related Act require-ments. All rulings and interpretarions of the Davis- Bacon and related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract. (h)Disputes concerning labor standards.Disputes arising out of the labor standards provisions of this clause 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, 6,and 7.Disputes within the meaning of this clause include disputes between the Contractor(or any of its subcontractors) and the PHA, HLTD,the U.S. Department of Labor,or the employees or their representatives. (i)Certification of eligibility. (1) 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 contracts by the United States Government by virtue of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (2) No part of this contract shall be subcontracted to any person or firm ineligible to be awarded contracts by the United States Govemment by virtue of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (3) The penalty for making false statements is prescribed in the U. S.Criminal Code, 18 U.S.C. 1001. (j) Contract Work Hours and Safety Standards Act. As used in this paragraph, the terms "laborers" and "mechanics"include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the ernployment of laborers or mechanics, including watchmen and guards, shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 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 40 hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the provisions set forth in subparagraph(j)(1) of this clause, the Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages.In addirion, 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 or mechanic (including watchmen and guards)employed in violation of the provisions set forth in subparagraph(j)(1) of this clause, in the sum of$10 for each calendar day on which such individual was required or pernutted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by provisions set forth in subparagraph (j)(i) of this clause. (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall 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 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 liabiliries of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the provisions set forth in subparagraph(j)(2)of this clause. (k) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts all the provisions contained in this clause, and such other clauses as HUD or its designee may by appropriate instcucrions require, and also a clause requiring the subcontractors to include these provisions in any lower rier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all these provisions. [ )14. Labor Standards-Non-routine Maintenance 32 Doc#:CHI01(239130-00107)50130735v3;08/12/2003/Time:10:48