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SECTION E <br />(Fair Labor Standards) <br />Labor Standard Provisions <br />The Contractor acknowledges that this project includes construction work assisted by the United States of <br />America and shall comply with the following Federal Labor Standards Provisions applicable to such <br />Federal assistance. <br />A.1. Minimum Wages. <br />(i) All laborers and mechanics employed or working upon the site of the work ( or under the <br />United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or <br />development of the project), will be paid unconditionally and not less often than once a <br />week, and without subsequent deduction or rebate on any account (except such payroll <br />deductions as are permitted by regulations issued by the Secretary of Labor under the <br />Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or <br />cash equivalents thereof) due at time of payment computed at rates not less than those <br />contained in the wage determination of the Secretary of Labor which is attached hereto and <br />made a part hereof, regardless of any contractual relationship which may be alleged to <br />exist between the Contractor and such laborers and mechanics. Contributions made or <br />costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the <br />Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such <br />laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular <br />contributions made or costs incurred for more than a weekly period (but not less often than <br />quarterly) under plans, funds, or programs which cover the particular weekly period, are <br />deemed to be constructively made or incurred during such weekly period. <br />Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits <br />on the wage determination for the classification of work actually performed, without regard <br />to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing <br />work in more than one classification may be compensated at the rate specified for each <br />classification for the time actually worked therein: Provided, That the employer's payroll <br />records accurately set forth the time spent in each classification in which work is <br />performed. The wage determination (including any additional classification and wage rates <br />conformed under 29 CFR Part 5.5(a)(1)(ii) and the Davis -Bacon poster (WH -1321) shall be <br />posted at all times by the Contractor and its subcontractors at the site of the work in a <br />prominent and accessible place where it can be easily seen by the workers. <br />(ii) (a) The Contracting Officer shall require that any class of laborers or mechanics, including <br />helpers, which is not listed in the wage determination and which is to be employed <br />under the contract shall be classified in conformance with the wage determination. The <br />Contracting Officer shall approve an additional classification and wage rate and fringe <br />benefits therefore, only when the following criteria have been met: <br />(1) Except with respect to helpers as defined in 29 CFR 5.2(n)(4), the work to be <br />performed by the classification requested is not performed by a classification in <br />the wage determination; and <br />(2) The classification is utilized in the area by the construction industry; and <br />(3) The proposed wage rate, including any bona fide fringe benefits, bears a <br />reasonable relationship to the wage rates contained in the wage determination; <br />and <br />M <br />
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