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2024-09-01
CITY-OF-BATESVILLE
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2024-09-01
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in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5,6,and 7.Disputes <br /> within the meaning of this clause include disputes between the contractor(or any of its subcontractors)and <br /> sub recipient(s),State,EPA,the U.S.Department of Labor,or the employees or their representatives. <br /> (10)Certification of eligibility. <br /> (i)By entering into this contract,the contractor certifies that neither it(nor he or she)nor any person or firm <br /> who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts <br /> by virtue of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). <br /> (ii)No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government <br /> contract by virtue of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). <br /> (iii)The penalty for making false statements is prescribed in the U.S.Criminal Code,18 U.S.C.1001. <br /> 4.Contract Provision for Contracts in Excess of$100,000. <br /> (a)Contract Work Hours and Safety Standards Act.The sub recipient shall insert the following clauses set <br /> forth in paragraphs(a)(1),(2), (3),and(4)of this section in full in any contract in an amount in excess of <br /> $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. <br /> These clauses shall be inserted in addition to the clauses required by Item 3,above or 29 CFR 4.6.As used <br /> in this paragraph,the terms laborers and mechanics include watchmen and guards. <br /> (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work <br /> which may require or involve the employment of laborers or mechanics shall require or permit any such <br /> laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of <br /> forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less <br /> than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such <br /> workweek. <br /> (2)Violation;liability for unpaid wages;liquidated damages.In the event of any violation of the clause set <br /> forth in paragraph(a)(1)of this section the contractor and any subcontractor responsible therefore shall be <br /> liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United <br /> States(in the case of work done under contract for the District of Columbia or a territory,to such District or <br /> to such territory),for liquidated damages.Such liquidated damages shall be computed with respect to each <br /> individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set <br /> forth in paragraph(a)(1)of this section,in the sum of$10 for each calendar day on which such individual <br /> was required or permitted to work in excess of the standard workweek of forty hours without payment of <br /> the overtime wages required by the clause set forth in paragraph(a)(1)of this section. <br /> (3)Withholding for unpaid wages and liquidated damages.The sub recipient,upon written request of the <br /> EPA Award Official or an authorized representative of the Department of Labor,shall withhold or cause to <br /> be withheld,from any moneys payable on account of work performed by the contractor or subcontractor <br /> under any such contract or any other Federal contract with the same prime contractor, or any other <br /> federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by <br /> the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of <br /> such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set <br /> forth in paragraph(b)(2)of this section. <br /> (4)Subcontracts.The contractor or subcontractor shall insert in any subcontracts the clauses set forth in <br /> paragraph(a)(1)through(4)of this section and also a clause requiring the subcontractors to include these <br /> clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any <br /> subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(a)(1)through(4)of this <br /> section. <br /> D-18 <br />
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