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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />r <br />I <br />I <br />I <br />I <br />I <br />I <br />~ <br />I <br />I <br /> <br />EXHIBIT V-E <br /> <br />PART III - FEDERAL LABOR STANDARDS PROVISIONS <br /> <br />App 1 i cab i1 ity <br /> <br />The Project or Program to which the construction work covered by this con- <br />tract pertains is being assisted by the United States of America and the fol- <br />1 owi ng Federal Labor Standards Provi si ons are i ncl uded in thi s Contract pur- <br />suant to the provisions applicable to such Federal assistance. <br /> <br />A. l.(i) ~~nimum Wages. All laborers and mechanics employed or working <br />upon the site of the work (or under the United States Housing Act of 1937 or <br />under the Housing Act of 1949 in the construction or development of the proj- <br />ect), will be paid unconditionally and not less often than once a week, and <br />without subsequent deduction or rebate on any account (except such payroll <br />deductions as are permitted by regulations issued by the Secretary of Labor <br />under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide <br />fringe benefits (or cash equivalents thereof) due at time of payment computed <br />at rates not less than those contai ned in the wage determi nati on of the <br />Secretary of Labor which is attached hereto and made a part hereof, regardless <br />of any contractual relationship which may be alleged to exist between the <br />contractor and such laborers and mechanics. Contributions made or costs <br />reasonably anticipated for bona fi de fri nge benefits under Secti on l(b)( 2) of <br />the Davis-Bacon Act on behalf of laborers or mechanics are considered wages <br />paid to such laborers or mechani cs, subject to the provi si ons of 29 CFR <br />5.5(a)(1 )(iv); also, regular contributions made or costs incurred for more <br />than a weekly period (but not less often than quarterly) under plans, funds, <br />or programs, which cover the particular weekly period, are deemed to be con- <br />structively made or incurred during such weekly period. <br /> <br />Such laborers and mechanics shall be paid the appropriate lI"age rate and <br />fringe benefits on the wage determi nati on for the cl assifi cati on of work <br />actually performed, without regard to skill, except as provided in 29 CFR Part <br />5.5(a)(4). Laborers or mechanics performing work in more than one classifica- <br />ti on may be compensated at the rate specifi ed for each cl assifi cati on for the <br />time actually worked therein: Provided, that the employer's payroll records <br />accurately set forth the time spent in each classification in which work is <br />performed. The wage determination (including any additional classification <br />and wage rates conformed under 29 CFR Part 5.5(alCl )(iil and the Davis-Bacon <br />poster (WH-1321) shall be posted at all times by the contractor and its sub- <br />contractors at the site of the work in a prominent and accessible place where <br />it can be easily seen by the workers. <br /> <br />(i il (a) Any c1 ass of 1 aborers or mechani cs whi ch is not 1 i sted in the <br />wage determi nati on and whi ch is to be employed under the contract shall be <br />classified in conformance with the wage determination. U.S. Department of <br />Labor shall approve an additional classification and wage rate and fringe <br />benefits therefore only when the following criteria have been met. <br /> <br />(1) The work to be performed by the classification requested is not <br />performed by a classification in the wage determination; and <br /> <br />V I II -G-7 <br />