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not less than the rate specified in the registered program for the apprentice's level of <br />progress, expressed as a percentage of the journeymen hourly rate specified in the <br />applicable wage determination. Apprentices shall be paid fringe benefits in accordance <br />with the provisions of the apprenticeship program. If the apprenticeship program does not <br />specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on <br />the wage determination for the applicable classification. If the Administrator determines <br />that a different practice prevails for the applicable apprentice classification, fringes shall be <br />paid in accordance with that determination. In the event the Office of Apprenticeship <br />Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the <br />Office, 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 <br />performed until an acceptable program is approved. <br />(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at <br />less than the predetermined rate for the work performed unless they are employed <br />pursuant to and individually registered in a program which has received prior approval, <br />evidenced by formal certification by the U.S. Department of Labor, Employment and <br />Training Administration. The ratio of trainees to journeymen on the job site shall not be <br />greater than permitted under the plan approved by the Employment and Training <br />Administration. 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 percentage of the <br />journeyman hourly rate specified in the applicable wage determination. Trainees shall be <br />paid fringe benefits in accordance with the provisions of the trainee program. If the trainee <br />program does not mention fringe benefits, trainees shall be paid the full amount of fringe <br />benefits listed on the wage determination unless the Administrator of the Wage and Hour <br />Division determines that there is an apprenticeship program associated with the <br />corresponding journeyman wage rate on the wage determination which provides for less <br />than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate <br />who is not registered and participating in a training plan approved by the Employment and <br />Training Administration shall be paid not less than the applicable wage rate on the wage <br />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 the registered <br />program shall be paid not less than the applicable wage rate on the wage determination for <br />the work actually performed. In the event the Employment and Training Administration <br />withdraws approval of a training program, the contractor will no longer be permitted to <br />utilize trainees at less than the applicable predetermined rate for the work performed until <br />an acceptable program is approved. <br />(iii) Equal employment opportunity. The utilization of apprentices, trainees and <br />journeymen under this part shall be in conformity with the equal employment opportunity <br />requirements of Executive Order 11246, as amended, and 29 CFR part 30. <br />(5) Compliance with Copeland Act requirements <br />The contractor shall comply with the requirements of 29 CFR part 3, which are <br />incorporated by reference in this contract. <br />TWDB Commitment No. L1000600 <br />Exhibit D, Page 6 of 10 <br />