FLOOD10292

• County: Morgan
• Community: Weldona
• Stream Name: South Platte River
• Basin: South Platte
• Title: Project Manual for Construction of Weldona Flood Control Improvements
• Date: 7/1/2001
• Prepared For: Morgan County
• Prepared By: WRC Engineering, Inc.
• Floodplain - Doc Type: Project

EXHIBll VIII-J, COlnt.

being provided by the Contractor must be submitted to the Local Public Agency with the first payroll filed by
the Contractor subsequent to receipt of the findings.

54. Overtime Compensation Required by C"ntract Work Hours and Safety Standards Act
(76 Stat. 357-360: Title 40 U.S.C., Sections 327 -33:!)

(a) OVERTIME REQUIREMENTS. No Contractor or subcontractor contracting for any part of
the Contract work which may requireor involve the ernployment of laborers or mechanics, including watchmen
and guards, shall require or permit any laborer or mechanic in any workweek in which he is employed on such
or to work in excess of 40 hours in such workweek unless such laborer or mechanic received compensation
at a rate not less than one and one-half times his basic rate of pay for all hours worked in excess of 40 hours
in such work week, as the case may be.

(b) VIOLATION: LIABILITY FOR UNPAID WAGES L1QUIDA TE,D DAMAGES. In the event of
any violation of the clause set forth in paragraph (a), the Contractor and any subcontractor responsible
therefor shall be liable to any affected employee for his unpaid wages. In addition, such Contractor and
subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be
computed with respect to each individual iaborer or mechanic empioyed in violations of the clause set forth
in paragraph (a), in the sum of$10 for each caiendar day on w~lich such employee was required or permitted
to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by
the clause set forth in paragraph (a).

(c) WITHHOLDING FOR L1QUIDA TEl) DAMAGES. The Local Public Agency shall withhold or
cause to be withheld, from any monies payable on account of work performed by the Contractor or
subcontractor, such sums as may administratively be determined to be necessary to satisfy any liabilities of
such Contractor or subcontractor for liquidated damages as provided in the clause set forth in paragraph (b).

(d) SUBCONTRACT. The Contractor shall insert in any subcontract the clauses set forth in
paragraphs (a), (b), and (c) of this Section and also a clause requiring the subcontractors to include these
clauses in any lower tier subcontracts which they may enter into, together with 21 clause requiring this insertion
in any further subcontracts that may in turn be made.

55. Employment or ApprenticeslTrainees

(a) APPRENTICES will be permitted to work at iess than the pn,determined rate for the work
they performed when they are employed and individually registered in a bona fide apprenticeship program
registered with the U.S. Department of Labor, Manpower Administration, Bureau of Apprenticeship and
Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his
first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not
individually registered in the program, but who hail been cel1:ified by the Bureau of Apprenticeship and
Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as
an apprentice. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater
than the ratio permitted to the contractor as to his entire work force under the registered program. Any
employee listed on a payroll at an apprentice wage rate, who is not a trainee as defined in subdivision (b) of
this subparagraph or is not registered or otherwise employed as stated above, shall be paid the wage rate
determined by the Secretary of Labor for the classification of work he actually performed. The contractor or
subcontractor will be required to furnish to the contracting officer or a representative of the Wage-Hour
Division of the U.S. Department of Labor written eviciEmce of the registration of his program and apprentices
as well as the appropriate ratios and wage rates (expressed in percentages of the journeyman hourly rates),
for the area of construction prior to using any apprentices on the contract work. The wage rate paid
apprentices shall be not less than the appropriate percentage of the journeyman's rate contained in the
applicable wage determination.

(b) TRAINEES. Except as provided in 23' CFR 5.1 ~;, trainees will not be permitted to work at less
than the predetermined rate for the work performed unless they are employed pursuant to and individually
registered in a program which has received prior approval, evidenced by formal certification, by the U.S.
Department of Labor, Manpower Administration, BUI'eau of Apprentice and training. The ratio of trainees to
journeymen shall not be greater than permitted under the plan approved by the Bureau of Apprenticeship and
Training. Every trainee must be paid at not less than the rate specified in the approved program for his level
of progress. Any employee listed on the paYl"01I at a trainee rate who is not re!Jistered and participating in a

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