R2003-170 AUTHORIZING WATER MAIN AGREEMENT

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(B) that each laborer or mechanic employed on the contract during the payroll period has been paid the full weekly wages earned,without rebate,either directly or indirectly,and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3;and (C) that each laborer or mechanic has been paid not less than the applicable wage rates for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (iii)The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirements for submission of the"Statement of compliance"required by subparagraph(c)(2)(ii)of this clause. (iv) The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under Secrion 1001 of Title 18 and Secrion 3729 of Title 31 of the United States Code. (3) The Contractor or subcontractor shall make the records required under subparagraph (c)(1) available for inspecrion, copying, or transcription by authorized representarives of HiJD or the PHA and shall permit such representatives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written norice to the Contractor,take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment or denial of participation in HUD's programs pursuant to 24 CFR Part 24. (d) Compiiance with Copeland Act requirements.The Contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract. (e) Contract termination; debarment. A breach of this contract clause may be grounds for termination of the contract and for debarment as a Contractor and a subcontractor as provided in 24 CFR Part 24. (� Disputes concerning labor standards. (1) Disputes arising out of the labor standards provisions of pazagraphs(a),(b),(c), and(e)of this clause shall be subject to the general disputes clause of this contract. (2) Disputes arising out of the labor standards provisions of paragraphs (d), and(g) 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 forkh in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this paragraph(�(2)include disputes between the Contractor(or any of its subcontractors)and the PHA,HiJD,the U.S.Department of Labor,or the employees or their representatives. (g) 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 employment of laborers or mechanics 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 violarion of the provisions set forth in subparagraph (g)(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 con�act 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(g)(1) of this clause, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by provisions set forth in subparagraph (g)(1) 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, wluch is held by the same prirne Contractor such sums as may be determined to be necessary to satisfy any liabiliries of such 34 Doc#:CHI01(239130-00107)50130735v3;08/12/2003/Time:10:48