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than that in which its program is registered, the ratios aud wage rates (expressed in percentages oF the <br />journeyman's hourly rate) specified in the contrac[or's or subcontractor s registered program shall be <br />observed. Every apprentice must be paid at not less than the rate specified in the registeced program <br />for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate <br />specified in the applicable wage determination. Apprentices shall be paid fringe benefits in <br />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 <br />wage determination for the applicable classification. If [he Administrator of the Wage and Hour <br />Division of the U.S. Department of Labor determines that a different practice prevails for the <br />applicable apprentice classification, fringes shall be paid in accordance with that determination. In the <br />even[ the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by <br />the Bureau, withdraws approval of an apprenticeship program, the Contractor will no longer be <br />permitted to utilize apprentices at less than the applicable predetermined rate for the work performed <br />until an acceptable program is approved. <br />(ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be pernutted to work at less than <br />the predetermined rate for the work performed unless they are employed pursuant to and <br />individually registered in a program which has received prior approval, evidenced by formal <br />certification by the U.S. Department of Labor, Employment and Training Administration. The ratio <br />of trainees to journeymen on the job site shall not be g~eater than permitted under the plan approved <br />by the Employment and Training Administration. Every trainee must be paid at not less than the rate <br />specified in the approved program for the trainee's level of progress, expressed as a percentage of the <br />joumeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe <br />benefits in accordance with the provisions of the trainee program. If the trainee program does not <br />mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage <br />determination unless the Administrator of the Wage and Hour Division dete~mines that there is an <br />apprenticeship program associated with the corresponding journeyman wage rate on the wage <br />determination which provides for less than full fringe benefits for apprentices. Any employee listed <br />on the payroll at a trainee rate who is not registered and participating in a training plan approved by <br />the Employment and Training Administration shall be paid not less than the applicable wage rate on <br />the wage determination for the classification of work actually performed. In addition, any trainee <br />performing work on the job site in excess of the ratio permitted under Ihe registered program shall be <br />paid not less than the applicable wage rate on the wage determination for the work actually <br />performed. In the event the Employment and Training Administration withdraws approval of a <br />training program, the Contractor will no longer be permitted to utilize trainees at less than the <br />applicable predetermined rate for the work performed until an acceptable program is approved. <br />(iii) Equal emplovment op~ortuni[X - The utilization of apprentices, trainees and journeymen under <br />this part shall be in conformity with the equal employment opportunity requirements of Executive <br />Order 112A6, as amended, and 29 CFR part 30. <br />(5) Compliance with Copeland Act requirements - The Contractor shall comply with the <br />requirements of 29 CFR part 3, which are incotporated by reference in this contract. <br />(6) Subcontracts - The Contractor or subcontractor shall insert in any subcontracts the clauses <br />contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit <br />Administration may by appropriate instructions require, and also a clause requiring the <br />subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be <br />responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract <br />clauses in 29 CFR 5.5. <br />(7) Contract termination: debarment - A breach of the contrac[ clauses in 29 CFR 5.5 may be <br />grounds for termination of the contract, and for debarment as a contracror and a subcontractor as <br />provided in 29 CFR 5.12. <br />Addendum, FTA Contract Requirements <br />Page - 17 <br />0318971157 <br />