R2003-170 AUTHORIZING WATER MAIN AGREEMENT

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(iv) The falsificarion of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecurion under Section 1001 of Title 18 and Section 3729 of Title 31 of the United States Code. (3) The Contractor or subcontractor shall make the records required under subparagraph (d)(1) available for inspecrion,copying, or transcriprion by authorized representarives of HLJD or its designee, the Contracring Officer, or the Deparhnent of Labor and shall permit such representarives to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit the required records or to make them available,HUD or its designee may,after written notice to the Contractor,take such action as may be necessary to cause the suspension of any fiuther payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (d)(1) Apprentices. Apprentices will be permitted to work at less than the predeternuned rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenriceship program registered with the U.S. Department of Labor,Employment and Training Administration,Bureau of Apprenriceship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probarionary employment as an apprentice in such an apprenriceship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenriceship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable rario of apprenrices to journeymen on the job site in any craft classificarion shall not be greater than the ratio pernutted to the Contractor as to the entire work force under the registered program Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in this paragraph, shall be paid not less than the applicable wage rate on the wage determination for the classificarion of work actually performed. In addirion, any apprentice performing work on the job site in excess of the rario permitted under the registered program shall be paid not less than the applicable wage rate on the wage detercninarion for the work actually performed.Where a contractor is perfornung construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Con�actor's or subcontractor's registered program shall be observed.Every apprenrice must be paid at not less than the rate specified in the registered program for the apprenrice's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage deterxnination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determinarion for the applicable classification. If the Administrator of the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenriceship and Training, or a State Apprenriceship Agency recognized by the Bureau,withdraws approval of an apprenriceship program,the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetemvned rate for the work performed until an acceptable program is approved. (2) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor,Employment and Training Administrarion.The rario of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administrarion. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the joumeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program, If the trainee program does not menrion fringe benefits, trainees shall be paid the full amount of fringe benefits listed in the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate in the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate in the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio pernutted under the registered program shall be paid not less than the applicable wage rate in the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the 31 Doc#:CHI01(239130-00107)5013073�v3;08/12/2003/Time:10:48