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DocuSign Envelope ID:07C464C4-FDB6-434A-A01B-558064E4E858 <br /> PO#:461001815 <br /> Routing#:22-HA3-ZG-00070 <br /> incorporated into the contract. <br /> (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 <br /> shall satisfy the requirement for submission of the"Statement of Compliance"required by paragraph 3.b.(2)of this <br /> section. <br /> (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal <br /> prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. <br /> c The contractor or subcontractor shall make the records required under paragraph 3.a.of this section available for inspection, <br /> copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the <br /> Department of Labor,and shall permit such representatives to interview employees during working hours on the job.If the <br /> contractor or subcontractor fails to submit the required records or to make them available,the FHWA may,after written <br /> notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the <br /> suspension of any further payment,advance,or guarantee of funds.Furthermore,failure to submit the required records upon <br /> request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. <br /> 4. Apprentices and trainees <br /> a. Apprentices(programs of the USDOL). <br /> Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are <br /> employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S Department <br /> of Labor,Employment and Training Administration,Office of Apprenticeship Training,Employer and Labor Services,or <br /> with a State Apprenticeship Agency recognized by the Office,or if a person is employed in his or her first 90 days of <br /> probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the <br /> program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State <br /> Apprenticeship Agency(where appropriate)to be eligible for probationary employment as an apprentice. <br /> The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio <br /> permitted to the contractor as to the entire work force under the registered program.Any worker listed on a payroll at an <br /> apprentice wage rate,who is not registered or otherwise employed as stated above,shall be paid not less than the applicable <br /> wage rate on the wage determination for the classification of work actually performed In addition,any apprentice performing <br /> work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable <br /> wage rate on the wage determination for the work actually performed.Where a contractor is performing construction on a <br /> project in a locality other than that in which its program is registered,the ratios and wage rates(expressed in percentages of <br /> the journeyman's hourly rate)specified in the contractor's or subcontractor's registered program shall be observed. <br /> Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, <br /> expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination.Apprentices shall <br /> be paid fringe benefits in accordance with the provisions of the apprenticeship program.If the apprenticeship program does <br /> not specify fringe benefits,apprentices must be paid the full amount of fringe benefits listed on the wage determination for <br /> the applicable classification.If the Administrator determines that a different practice prevails for the applicable apprentice <br /> classification,fringes shall be paid in accordance with that determination. <br /> In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency <br /> recognized by the Office,withdraws approval of an apprenticeship program,the contractor will no longer be permitted to <br /> utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is <br /> approved. <br /> b. Trainees(programs of the USDOL). <br /> Except as provided in 29 CFR 5 16,trainees will not be permitted to work at less than the predetermined rate for the work <br /> performed unless they are employed pursuant to and individually registered in a program which has received prior approval, <br /> evidenced by formal certification by the U.S.Department of Labor,Employment and Training Administration. <br /> The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the <br /> Employment and Training Administration. <br /> Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, <br /> expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination.Trainees shall be <br /> paid fringe benefits in accordance with the provisions of the trainee program.If the trainee program does not mention fringe <br /> benefits,trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator <br /> of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding <br /> journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any <br /> employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the <br /> Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for <br /> the classification of work actually performed.In addition,any trainee performing work on the job site in excess of the ratio <br /> permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for <br /> the work actually performed. <br /> In the event the Employment and Training Administration withdraws approval of a training program,the contractor will no <br /> longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an <br /> acceptable program is approved. <br /> c. Equal employment opportunity.The utilization of apprentices,trainees and journeymen under this part shall be in conformity <br /> with the equal employment opportunity requirements of Executive Order 11246,as amended,and 29 CFR part 30. <br /> d. Apprentices and Trainees(programs of the U S.DOT). <br /> Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary <br /> Document Builder Generated Page 53 of 59 Version 0819 <br />