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and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses <br /> shall be inserted in addition to the clauses required by Item 3,above or 29 CFR 4.6.As used in this paragraph, <br /> the terms laborers and mechanics include watchmen and guards. <br /> (1)Overtime requirements <br /> No contractor or subcontractor contracting for any part of the contract work which may require or involve <br /> the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any <br /> workweek in which he or she is employed on such work to work in excess of forty hours in such workweek <br /> unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the <br /> basic rate of pay for all hours worked in excess of forty hours in such workweek. <br /> (2)Violation;liability for unpaid wages;liquidated damages. <br /> In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any <br /> subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and <br /> subcontractor shall be liable to the United States (in the case of work done under contract for the District of <br /> Columbia or a territory,to such District or to such territory),for liquidated damages.Such liquidated damages <br /> shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, <br /> employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of$10 for each <br /> calendar day on which such individual was required or permitted to work in excess of the standard <br /> workweek of forty hours without payment of the overtime wages required by the clause set forth in <br /> paragraph(b)(1)of this section. <br /> (3)Withholding for unpaid wages and liquidated damages <br /> The subrecipient, upon written request of the EPA Award Official or an authorized representative of the <br /> Department of Labor, shall withhold or cause to be withheld, from any moneys payable on account of work <br /> performed by the contractor or subcontractor under any such contract or any other Federal contract with the <br /> same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and <br /> Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be <br /> necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated <br /> damages as provided in the clause set forth in paragraph(b)(2)of this section. <br /> (4)Subcontracts <br /> The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) <br /> through (4) of this section and also a clause requiring the subcontractors to include these clauses in any <br /> lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or <br /> lower tier subcontractor with the clauses set forth in paragraphs(b)(1)through(4)of this section. <br /> (c)MAINTENANCE OF RECORDS <br /> In addition to the clauses contained in Section (a), above, in any contract subject only to the Contract Work <br /> Hours and Safety Standards Act and not to any of the other statutes cited in 29 CFR 5.1,the Subrecipient shall <br /> insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll <br /> records during the course of the work and shall preserve them for a period of three years from the <br /> completion of the contract for all laborers and mechanics, including guards and watchmen, working on the <br /> contract. Such records shall contain the name and address of each such employee, social security number, <br /> correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions <br /> made, and actual wages paid. Further, the Subrecipient shall insert in any such contract a clause providing <br /> that the records to be maintained under this paragraph shall be made available by the contractor or <br /> subcontractor for inspection, copying, or transcription by authorized representatives of the (write the name <br /> of agency) and the Department of Labor, and the contractor or subcontractor will permit such <br /> representatives to interview employees during working hours on the job. <br /> TWDB Commitment No.L1000601 <br /> Exhibit D,Page 6 of 7 <br />