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Local Assistance Procedures Manual <br />EXHIBIT "C" <br />Exhibit 12-G <br />(iii) That each laborer or mechanic has been paid not less <br />than the applicable wage rates and fringe benefits or cash <br />equivalents for the classification of work performed, as <br />specified in the applicable wage determination incorporated <br />into the contract. <br />(3) The weekly submission of a properly executed certification <br />set forth on the reverse side of Optional Form WH-347 shall <br />satisfy the requirement for submission of the "Statement of <br />Compliance" required by paragraph 3.b.(2) of this section. <br />(4) The falsification of any of the above certifications may <br />subject the contractor or subcontractor to civil or criminal <br />prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. <br />c. The contractor or subcontractor shall make the records required <br />under paragraph 3.a. of this section available for inspection, <br />copying, or transcription by authorized representatives of the <br />contracting agency, the State DOT, the FHWA, or the Department of <br />Labor, and shall permit such representatives to interview employees <br />during working hours on the job. If the contractor or subcontractor <br />fails to submit the required records or to make them available, the <br />FHWA may, after written notice to the contractor, the contracting <br />agency or the State DOT, take such action as may be necessary to <br />cause the suspension of any further payment, advance, or <br />guarantee of funds. Furthermore, failure to submit the required <br />records upon request or to make such records available may be <br />grounds for debarment action pursuant to 29 CFR 5.12. <br />4. Apprentices and trainees (29 CFR 5.5) <br />a. Apprentices (programs of the USDOL). <br />Apprentices will be permitted to work at less than the predetermined <br />rate for the work they performed when they are employed pursuant <br />to and individually registered in a bona fide apprenticeship program <br />registered with the U.S. Department of Labor, Employment and <br />Training Administration, Office of Apprenticeship Training, Employer <br />and Labor Services, or with a State Apprenticeship Agency <br />recognized by the Office, or if a person is employed in his or her first <br />90 days of probationary employment as an apprentice in such an <br />apprenticeship program, who is not individually registered in the <br />program, but who has been certified by the Office of Apprenticeship <br />Training, Employer and Labor Services or a State Apprenticeship <br />Agency (where appropriate) to be eligible for probationary <br />employment as an apprentice. <br />The allowable ratio of apprentices to journeymen on the job site in <br />any craft classification shall not be greater than the ratio permitted to <br />the contractor as to the entire work force under the registered <br />program. Any worker listed on a payroll at an apprentice wage rate, <br />who is not registered or otherwise employed as stated above, shall <br />be paid not less than the applicable wage rate on the wage <br />determination for the classification of work actually performed. In <br />addition, any apprentice performing work on the job site in excess of <br />the ratio permitted under the registered program shall be paid not <br />less than the applicable wage rate on the wage determination for the <br />work actually performed. Where a contractor is performing <br />construction on a project in a locality other than that in which its <br />program is registered, the ratios and wage rates (expressed in <br />percentages of the journeyman's hourly rate) specified in the <br />contractor's or subcontractor's registered program shall be <br />observed. <br />Required Federal -Aid Contract Language <br />Every apprentice must be paid at not less than the rate specified in <br />the registered program for the apprentice's level of progress, <br />expressed as a percentage of the journeymen hourly rate specified i <br />the applicable wage determination. Apprentices shall be paid fringe <br />benefits in accordance with the provisions of the apprenticeship <br />program. If the apprenticeship program does not specify fringe <br />benefits, apprentices must be paid the full amount of fringe benefits <br />listed on the wage determination for the applicable classification. If <br />the Administrator determines that a different practice prevails for the <br />applicable apprentice classification, fringes shall be paid in <br />accordance with that determination. <br />In the event the Office of Apprenticeship Training, Employer and <br />Labor Services, or a State Apprenticeship Agency recognized by the <br />Office, withdraws approval of an apprenticeship program, the <br />contractor will no longer be permitted to utilize apprentices at less <br />than the applicable predetermined rate for the work performed until <br />an acceptable program is approved. <br />b. Trainees (programs of the USDOL). <br />Except as provided in 29 CFR 5.16, trainees will not be permitted to <br />work at less than the predetermined rate for the work performed <br />unless they are employed pursuant to and individually registered in a <br />program which has received prior approval, evidenced by formal <br />certification by the U.S. Department of Labor, Employment and <br />Training Administration. <br />The ratio of trainees to journeymen on the job site shall not be <br />greater than permitted under the plan approved by the Employment <br />and Training Administration. <br />Every trainee must be paid at not less than the rate specified in the <br />approved program for the trainee's level of progress, expressed as a <br />percentage of the journeyman hourly rate specified in the applicable <br />wage determination. Trainees shall be paid fringe benefits in <br />accordance with the provisions of the trainee program. If the trainee <br />program does not mention fringe benefits, trainees shall be paid the <br />full amount of fringe benefits listed on the wage determination unless <br />the Administrator of the Wage and Hour Division determines that <br />there is an apprenticeship program associated with the <br />corresponding journeyman wage rate on the wage determination <br />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 <br />and participating in a training plan approved by the Employment and <br />Training Administration shall be paid not less than the applicable <br />wage rate on the wage determination for the classification of work <br />actually performed. In addition, any trainee performing work on the <br />job site in excess of the ratio permitted under the registered program <br />shall be paid not less than the applicable wage rate on the wage <br />determination for the work actually performed. <br />In the event the Employment and Training Administration withdraws <br />approval of a training program, the contractor will no longer be <br />permitted to utilize trainees at less than the applicable predetermined <br />rate for the work performed until an acceptable program is approved. <br />c. Equal employment opportunity. The utilization of apprentices, <br />trainees and journeymen under this part shall be in conformity with <br />the equal employment opportunity requirements of Executive Order <br />11246, as amended, and 29 CFR part 30. <br />Page 15 of 28 <br />August2022 <br />