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DocuSign Envelope ID: 27562A39-54B9-4980-BOFD-AEIDCBC76974 <br />(3) The weekly submission of a property executed <br />certification set forth on the reverse side of Optional Form <br />WH -M7 shad satisfy the requirement for submission of the <br />'Statement of Compliance required by paragraph 3.b.(2) of <br />this section. <br />(4) The falsification of any of the above certifications may . <br />subject the contractor or subcontractor to civil or.cdrninei'•" <br />prosecution under section 1041 of title 18 ars} section 231 of <br />titre 31 of the United States Code. <br />c. The contractor or subcontractor shall make the records <br />required under paragraph 3.s. of this section available for <br />inspection, copying, or transcription by authorized <br />representatives of the contracting agency, the State DOT, the <br />FHWA, or the Department of Labor, and shall permit such <br />representatives to interview employees during working hours <br />on the job. if the contractor or subcontractor faits to submit the <br />required records or to make them available, the FHWA may, <br />after written notice to the contractor, the contracting agency or <br />the State DOT, take such action as may be necessary to <br />cause the ausperwhon of any further payment, advance, or <br />guarantee of funds. Furthermore, failure to submit Urs required <br />records upon request or to make such records available may <br />be grounds for debarment action pursuant to 29 GFR 5.12. <br />4. Apprentices and trainees <br />a. Apprentices (programs of the USDOL). <br />Apprentices will be permitted to wok at less than the <br />predetermined rate for the work they performed when they are <br />employed pursuant to and 16:110duatiy registered in a bona fide <br />apprenticeship program registered with the U.S. Department of <br />Labor. Employment and Training Admirdstration, Office of <br />Apprenticeship Training, Employer and Labor Services. or with <br />a State Apprenticeship Agency recognized by the Office, or If a <br />person is employed In his or her first 90 days of probationary <br />employment as an apprentice in such an apprenticeship <br />program, who is not individually registered in the program, but <br />who hire been certified by the Office of Apprenticeship <br />Training, Employer and Labor Services or a State <br />Apprenticeship Agency (where appropriate) to be eligible for <br />probationary employment as an apprentice. <br />The allowable ratio of apprentices to journeymen on the job <br />site in any craft clsssificadon shall not be greater than the ratio <br />permitted to the contractor as to the entire work force under <br />the registered program. Any worker listed on a payroll at an <br />apprentice wage rate, who Is not registered or otherwise <br />employed as stated above, shall be paid not lase than the <br />applicable wage rate on the wage determination for the <br />classification of work actually performed. In addidon, any <br />apprentice performing work on the job site in excess of the <br />ratio permitted under the registered program shall be paid not <br />lass than the applicable wage rate on the wage determination <br />for the work actually performed. Where a contractor Is <br />performing construction on a project in a locality other than <br />that lin which its program Is registered, the ratios and wage <br />rates (expressed in percentages of the joumsymen's hourly <br />rate) specified to the contractor's or subcontractor's registered <br />program shall be observed. <br />Every apprentice must be paid at not less than the rate <br />specified In the registered program for the apprentice% level of <br />progress, expressed as a percentage of the Journeymen hourly <br />rate specified in the applicable wage determination. <br />Apprentices shall be paid fringe benefits in sWordence with <br />the provisions of the apprenticeship program. If the <br />apprenticeship program does not specify fringe benefits, <br />apprentices must be paid the full amount of fringe benefits <br />listed on the wage determination for the applicable <br />classification. if the Administrator determines that a different <br />practice prevails for, the applicable apprentice classifica#onm <br />fringes shall be paid in accordance with that determination. <br />In the event the Office of Apprenticeship Training, Employer <br />and Labor Services, or a State Apprenticeship Agency <br />recognized by the Office, withdraws approval of an <br />apprenticeship program, this contractor will no longer be <br />permitted to utilize apprentices at less than the applicable <br />predetermined rate for the work performed until an acceptable <br />program is approved. <br />b. Trainees (programs of the USDOL). <br />Except as provided In 29 CFR 5.16, trainees will not be <br />permitted to work at less than the predetermined rate for the <br />work performed unless they are employed pursuant to and <br />individually registered in a program which has received prior <br />approval, evidenced by formal cartMcation by the U.S. <br />Department of tabor, Employment and Training <br />Administration. <br />The ratio of trainees to journeymen on the job site shall not be <br />greater than permitted under the pian approved by the <br />Employment and Training Adnurustration. <br />Every trainee must be paid at not lass than the rate specified <br />in the approved program for the trainees level of progress, <br />expressed as a percentage of the journeyman hourly rate <br />specified in the applicable wage determination. Trainees shall <br />be paid fringe benefits In accordance with the provisions of the <br />trainee program. it the trainee program does not mention <br />fringe benefits, trainees shall be paid the full amount of hinge <br />benefits listed on the wage determination unless the <br />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 <br />determination which provides for less than full fringe benefits <br />for apprentices. Any employee fisted on the payroll at a trainee <br />rate who Is not registered and partkfipating in a training plan <br />approved by the Employment and Training Administration shall <br />be paid not less than the applicable wage rate on the wage <br />detemdnation for Me classification of work actually performed. <br />In addition, any trainee performing work on the job site In <br />excess of the rano pennttted under the registered program <br />shall be paid not less than the applicable wage rate on the <br />wage determination for the work actually performed. <br />In the event the Employment and Training Administration <br />withdraws approval of a training program, the contractor will no <br />longer be permitted to utilize trainees at less than the <br />applicable predetermined rate for the work performed until an <br />aowtable program Is approved. <br />c. Equal employment opportunity. The utilization of <br />apprentices, trainees and journeymen under this part shaft be <br />in conformity with the equal employment opportunity <br />requirements of Executive Order 11246, as amended, and 29 <br />CFR part 30. <br />P57 <br />