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<br />III. 3 <br /> <br />1 <br />...... <br /> <br />~ <br /> <br />Agency or Public Body may consider'necessary to pay such laborers or <br />mechanics the ~~ll aoount of wages reQuired by this Contract. The <br />amount so withheld ffiay be disbursed b:r the Local Public Agency or <br />~~blic Body, for and on account of the Contractor or the subcontractor <br />(as may be appropriate), to the respective laborers or mechanics to <br />whom the same is due or on their behalf to plans, funds, or programs <br />for any type of fr~-e benefit prescribed in the applicable wage <br />determination. <br /> <br />""" <br /> <br />.... <br /> <br />u. jlJlTICIPATED COSTS OF F.RINGE :BENEFITS <br /> <br />... <br /> <br />If the Contractor does not make payments to a trustee or other <br />third person, he may consider as part of the wages of any laborer or <br />mech~~ic the anount 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 re~uest of the Contractor, tp.st the applicable <br />standards of the Davis-Bacon Act have been met. The Secretary of Labor <br />may re~uire the Contractor to set aside in a separate account assets <br />for the meeting of obligations under the plan or program. A oopy of <br />any findings made by the Secretary Of Labor in respect to fringe benefits <br />being proviQed by the Contractor must be submitted to the Local Publio <br />Agency or PQblic Body with the first payroll filed by the Contractor <br />subsequent to receipt of the findingfl. <br /> <br />~ <br /> <br />5. OVERTTI-re COHPEllSATION REQUIRED Ff CONTRACT WORK HOURS AND SAFErY <br />STANDARbS ACT (76 Stat. 357-360: Title 40 U.S.C., Sections 327- <br />332) <br /> <br />(a) Overtime reauirements. No Contractor Or subcontractor <br />oontracting for any part of the Cont1:act work which may re~ui:t'e or <br />involve the employment of laborers 01: mechanics, including watchmen <br />and guards, shall require or permit limy laborer Or mechanic in any <br />workweek in which he is employed on lmch work to work in excess of 8 <br />hours in <m<r calendar day or in excess of 40 hours in such wOl:k week <br />unless such laborer or mechanic receives compensation at a rate not <br />less than one and one-half times his basic rate of pay for all hours <br />worked in elecess of B hOllIs in any calendar day or in excess of 40 hours <br />in such work week, as the case may be. <br /> <br />(b) Violation: liabilit for un aid w s Ii uidated s. <br />In the event of any violation of the clause set forth in par8<;raph a), <br />the Contractor and any subcontractor responsible therefor shall be <br />liable to any affected employee for his unpaid wages. In addition, <br />such Contractor and subcontractor shall be liable to the United States <br />for li~uidated damages. Such li~uidated dama8eB shall be computed with <br />respect to each individual laborer Or mechanic employed in violations <br />of the clause set forth in paragraph (a), in the sum of $10 for each <br />calendar day on which such employee waS required or permitted to work <br /> <br />Page 2 of 13 Pages <br /> <br />Hua,4010 (2,76) <br />