Specifications - City of Montpelier, Vermont

DEEE0003071/003(2) Violation; liability for unpaid wages; liquidated damages. In the event of anyviolation of the clause set forth in paragraph (b)(1) of this section, the Contractor and anysubcontractor responsible therefore shall be liable for the unpaid wages. In addition, suchContractor and subcontractor shall be liable to the United States (in the case of work doneunder contract for the District of Columbia or a territory, to such District or to suchterritory), for liquidated damages. Such liquidated damages shall be computed withrespect to each individual laborer or mechanic, including watchmen and guards,employed in violation of the clause set forth in paragraph (b)(1) of this section, in thesum of $10 for each calendar day on which such individual was required or permitted towork in excess of the standard workweek of forty hours without payment of the overtimewages required by the clause set forth in paragraph (b)(1) of this section.(3) Withholding for unpaid wages and liquidated damages. The Department of Energy orthe Recipient or Subrecipient shall upon its own action or upon written request of anauthorized representative of the Department of Labor withhold or cause to be withheld,from any moneys payable on account of work performed by the Contractor orsubcontractor under any such contract or any other Federal contract with the same primeContractor, or any other federallyassisted contract subject to the Contract Work Hoursand Safety Standards Act, which is held by the same prime contractor, such sums as maybe determined to be necessary to satisfy any liabilities of such Contractor orsubcontractor for unpaid wages and liquidated damages as provided in the clause set forthin paragraph (b)(2) of this section.(4) Contracts and Subcontracts. The Recipient, Subrecipient, and Recipient’s andSubrecipient’s contractor or subcontractor shall insert in any Contracts, the clauses setforth in paragraph (b)(1) through (4) of this section and also a clause requiring thesubcontractors to include these clauses in any lower tier subcontracts. The Recipient shallbe responsible for compliance by any subcontractor or lower tier subcontractor with theclauses set forth in paragraphs (b)(1) through (4) of this section.(5) The Contractor or subcontractor shall maintain payrolls and basic payroll recordsduring the course of the work and shall preserve them for a period of three years from thecompletion of the Contract for all laborers and mechanics, including guards andwatchmen, working on the Contract. Such records shall contain the name and address ofeach such employee, social security number, correct classifications, hourly rates of wagespaid, daily and weekly number of hours worked, deductions made, and actual wages paid.The records to be maintained under this paragraph shall be made available by theContractor or subcontractor for inspection, copying, or transcription by authorizedrepresentatives of the Department of Energy and the Department of Labor, and theContractor or subcontractor will permit such representatives to interview employeesduring working hours on the job.(c) Recipient Responsibilities for Davis Bacon ActThis delegation of Department of Energy (DOE) functions to the Recipient applies only to DBAeffort performed by Subrecipients and Contractors under this award. Those functions are notdelegated to the Recipient for any DBA effort performed by employees of the Recipient under32