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in an amount in excess of $100,000 and subject to the overtime provisions of the Contract <br />Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the <br />clauses required by Item 3, above or 29 CFR 4.6. As used in this paragraph, the terms <br />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 <br />require or involve the employment of laborers or mechanics shall require or permit any <br />such laborer or mechanic in any workweek in which he or she is employed on such work to <br />work in excess of forty hours in such workweek unless such laborer or mechanic receives <br />compensation at a rate not less than one and one-half times the basic rate of pay for all <br />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 <br />contractor and any subcontractor responsible therefore shall be liable for the unpaid <br />wages. In addition, such contractor and subcontractor shall be liable to the United States <br />(in the case of work done under contract for the District of Columbia or a territory, to such <br />District or to such territory), for liquidated damages. Such liquidated damages shall be <br />computed with respect to each individual laborer or mechanic, including watchmen and <br />guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in <br />the sum of $10 for each calendar day on which such individual was required or permitted <br />to work in excess of the standard workweek of forty hours without payment of the <br />overtime wages required by the clause set forth in 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 <br />representative of the Department of Labor, shall withhold or cause to be withheld, from <br />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 <br />any other federally -assisted contract subject to the Contract Work Hours and Safety <br />Standards Act, which is held by the same prime contractor, such sums as may be <br />determined to be necessary to satisfy any liabilities of such contractor or subcontractor for <br />unpaid wages and liquidated damages as provided in the clause set forth in paragraph <br />(b)(2) of this section. <br />(4) Subcontracts <br />The contractor or subcontractor shall insert in any subcontracts the clauses set forth in <br />paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors <br />to include these clauses in any lower tier subcontracts. The prime contractor shall be <br />responsible for compliance by any subcontractor or lower tier subcontractor with the <br />clauses set forth in paragraphs (b)(1) through (4) of this section. <br />TWDB Commitment No. L1000600 <br />Exhibit D, Page 8 of 10 <br />