Item 13 - Agreement for Architectural Design Services for Downtown

Home Browse Search

(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract duringt he payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, andt hat no deductions have been made either directly on ndirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determinationi ncorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the" Statement of Compliance" required by subparagraphA 3.(ii)(b). (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Cofe. (III) The contractor or subcontractor shall make ther ecords required under subparagraph A.3.(i) available fori nspection, copying, or transcription by authorizedr epresentatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the requiredr ecords or to make them available, HU❑ or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit ther equired records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work atl ess than the predetermined rate for the work they performed when they are employed pursuant to andi ndividually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individuallyr egistered in the program, but who has been certified byt he Office of Apprenticeship Training, Employer and LaborS ervices or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor ast o the entire work force under the registered program. Anyw orker listed on a a roll at an a rentice wa a rate who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work ont he job site in excess of the ratio permitted under ther egistered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing 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 hourlyr ate) specified in the contractor's or subcontractor's r egistered program shall be observed. Every apprentice must be paid at not less than the rate specified in ther egistered program for the apprentice's level of progress, e xpressed as a percentage of the journeymen hourly rates pecified in the applicable wage determination.A pprentices 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 determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as .provided in 29 CFR 5.16,t rainees 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 byf ormal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio oft rainees to journeymen on the job site shall not be greatert han permitted under the plan approved by the Employment and Training Administration. 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 journeyman 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 mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on 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 on the wage determination which provides forl ess than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is notr egistered and participating in a training plan approved by P I PP 9 Previous editions are obsolete form HUD-4010 (0612009) Page 3 of 5 ref. Handbook 1344.1