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<br />53. <br /> <br />54. <br /> <br />(a) <br /> <br />t <br />I <br />r <br />I <br />L <br />I <br />I <br />[ <br />[ <br />[ <br />L <br />L <br />[ <br />I <br />[ <br />I <br />I <br />[ <br />I <br /> <br />Anticipated Costs of Fringe Benefits <br /> <br />If the Contractor does not make payments to a trustee or other third <br />person, he may consider as part of the wages of any laborer or <br />mechanic the amount of any costs reasonably anticipated in providing <br />fringe benefits under a plan or program of a type expressly listed in <br />the wage determination decision of the Secretary of Labor which is a <br />part of this Contract; provided, however, the Secretary of Labor has <br />found, upon the written request of the Contractor, that the appl i- <br />cable standards of the Davis-Bacon Act have been met. The Secretary <br />of Labor may require the Contractor to set aside in a separate <br />account assets for the meeting of obligations under the plan or pro- <br />gram. A copy of any fi ndi ngs made by the Secretary of Labor in <br />respect to fringe benefits being provided by the Contractor must be <br />submitted to the Local Public Agency with the first payroll filed by <br />the Contractor subsequent to receipt of the findings. <br /> <br />Overtime Compensation Required by Contract Work Hours and Safety <br />Standards Act (76 Stat. 357-360: Title 40 U.S.C., Sections 327-332) <br /> <br />(c) <br /> <br />Overtime Requirements. No Contractor or subcontractor contract- <br />i ng for any part of the Contract work whi ch may requi re or <br />involve the employment of laborers or mechanics, including <br />watchmen and guards, shall require or permit any laborer or <br />mechanic in any workweek in which he is employed on such week to <br />work in excess of 8 hours on any calendar day or in excess of 40 <br />hours in such work week unless such laborer or mechanic received <br />compensation at a rate not less than one and one-half times his <br />basic rate of pay for all hours worked in excess of 8 hours in <br />any calendar day or in excess of 40 hours in such work week, as <br />the case may be. <br /> <br />(b) <br /> <br />Violation: liabilit~ for Unpaid Wages Liquidated Damages. In <br />the event of any vio ation OT the clause set forth in paragraph <br />(a), the Contractor and any subcontractor responsible therefor <br />shall be liable to any affected employee for his unpaid wages. <br />In addition, such Contractor and subcontractor shall be 1 iable <br />to the United States for liquidated damages. Such liquidated <br />damages shall be computed with respect to each individual <br />laborer or mechanic employed in violations of the clause set <br />forth in paragraph (a), in the sum of $10 for each calendar day <br />on which such employee was required or permitted to work in <br />excess of 8 hours or in excess of the standard workweek of 40 <br />hours without payment of the overtime wages required by the <br />clause set forth in paragraph (a). <br /> <br />Withholdinh for Liquidated Dama~. The Local Public Agency <br />snall with Old or cause to be wltnneld, from any monies payable <br />on account of work performed by the Contractor or subcontractor, <br />such sums as may administratively be determined to be necessary <br />to sati sfy any lfabil Hies of such Contractor or subcontractor <br />for 1 iquidated damages as provided in the clause set forth in <br />paragraph (b). <br /> <br />VIII-H-20 <br />