6-159 SECTIO N 634 – EMPLOYE E TRAINEESHIP 634.0 1 DESCRIPTION . This work shall consist of providing on -the-job training for qualified employees in accordance with applicable approved training programs. 634.0 2 GENERAL REQUIREMENTS . The training requirements specified herein supersede FHWA - 1273, Part II, Subparagraph 6b and im plement 23 U.S.C . § 140(a) . The Contractor shall provide on -the-job training aimed at developing full journeyman qualifications in the type of trade, craft, or job classification involved. The training program shall be carried out in accordance with a train ing schedule and curriculum devised to give the employee an understanding of the trade, craft, or skill together with instructions in safety operations and performance of the actual specialty covering all aspects of the work involved . The training program shall be one approved by the Agency and the U.S. Department of Transportation. The required number of employee traineeship hours to be provided by the Contractor is shown in the Contract . If a Contractor subcontracts a portion of the work , the Contractor s hall determine how many, if any, of the trainees are to be trained by the subcontractor . However, the Contractor shall retain the primary responsibility for meeting the training requirements specified herein. 634.0 3 PROCEDURE . The procedures followed in carrying out the training shall be consistent with the approved training program for the particular trade, craft, or skill and the trainee shall be employed insofar as practical in a useful and constructive manner assisting in the work on the project until such time as the Contractor deems the trainee as being qualified to operate independently in the field in which the trainee has been trained. The Contractor shall then give the trainee a certificate of satisfactory completion of apprenticeship training specifying the field of accomplishment. The Contractor shall maintain payroll records and training records in a manner acceptable to the Engineer as to provide all the information necessary to properly and adequately support prog ress and final payment for this item, as well as to show the status of training accomplishment. It is normally expected that a trainee will begin training on the project as soon as feasible after start of work utilizing the skill involved, and remain on th e project as long as training opportunities exist in the work classification or until the training program has been completed. It is not required that all trainees be on board for the entire length of the Contract . The Contractor will have fulfilled the re quirements of this item if they have provided acceptable training to the number of trainees specified . The number trained shall be determined based on the total number enrolled on the project for a significant period. 6-160 634.0 4 TRAINEES . The number of tra inees shall be distributed among the work classifications based on the Contractor’s needs and the availability of journeymen in the various classifications within a reasonable area of recruitment. Where feasible, 25% of apprentices or trainees in each occu pation shall be in their first year of apprenticeship or training. Prior to commencing construction, the Contractor shall submit to the Engineer for approval the number of trainees to be trained in each selected classification and training program to be us ed. Furthermore, the Contractor shall specify the starting time for training in each of the classifications. The Contractor will be credited for each trainee employed on the project that is currently enrolled or becomes enrolled in an approved program and will be reimbursed for such trainees as provided herein. 634.0 5 RECRUITMENT . Training and upgrading of minorities and women toward journeymen status is a primary objective of this item. Accordingly, the Contractor shall make every effort to enroll minority trainees and women (e.g. by conducting systematic and direct recruitment through public and private sources likely to yield minority and women trainees ) to the extent that such per sons are available within a reasonable area of recruitment. The Contractor will be responsible for demonstrating the steps taken in pursuance thereof, prior to a determination as to whether the Contractor is in compliance with the requirements of this item. This training commitment is not intended, and shall not be used, to discriminate against any applicant for training, whether a member of a minority group or not.
634.06 TRAINING PROGRAM . The minimum length and type of training for each classification wi ll be
as established in the training program selected by the Contractor and approved by the Engineer . The FHWA shall approve a program if it is reasonably calculated to meet the equal employment opportunity obligations of the Contractor and to qualify the average trainee for journeyman status in the classification concerned by the end of the training period. Apprenticeship programs registered with the U.S. Department of Labor, Employment and Training Administration shall also be considered acceptable provid ed they are being administered in a manner consistent with the equal employment obligations of federal -aid highway construction Contracts. Approval or acceptance of a training program shall be obtained from the state prior to commencing work on the classif ication covered by the program. It is the intent of these provisions that training is to be provided in the construction crafts rather than in clerical or administrative positions . Training is permissible in lower -level management positions, such as office engineers, estimators, and timekeepers where the training is oriented toward construction applications . Training in the laborer classification may be permitted provided that significant and meaningful training is provided and approved by the FHWA division office. Some offsite training is permissible if the training is an integral part of an approved training program and does not comprise a significant part of the overall trai ning. 6-161 The Contractor may be eligible for reimbursement for training persons more than the number of hours specified in the Contract . This reimbursement will be made even though the Contractor receives additional training program funds from other sources, provided such other sources do not specifically prohibit the Contractor from receiving other reimbursement . Reimbursement for offsite training indicated above may only be made to the Contractor when the Contractor either contributes to the cost of the trai ning, provides the instruction to the trainee, or pays the trainee’s wages during the offsite training period , and the trainees are concurrently employed on a federal -aid project . The Contractor shall furnish the trainee a copy of the program the Contracto r will follow in providing the training . The Contractor shall provide each trainee with a certification showing the type and length of training satisfactorily completed. Trainees shall be paid at least 60% of the appropriate minimum journeyman’s rate speci fied in the Contract for the first half of the training period, 75% for the third quarter of the training period, and 90% for the last quarter of the training period, unless apprentices or trainees in an approved existing program are enrolled as trainees o n the project . In that case, the appropriate rates approved by the U.S. Department of Labor or U.S. Department of Transportation for the existing program shall apply to all trainees being trained for the same classification who are covered by these provisi ons. In no case shall the Contractor pay trainees less than the prevailing rate for labor as shown in the Contract wage decision . 634.0 7 SANCTIONS FOR NON -COMPLIANCE . If the Agency finds the Contractor or subcontractor in non-compliance with the terms of this item, it shall do the following:
a.Issue a show cause notice and notify the Contractor in writing that within 30 calendar day s a written plan outlining the steps that will be taken to bring the Contractor into compliance must be submitted to the Agency by the Contractor . In the event the Contractor fails or refuses to submit the plan within the specified period, or if the Contractor does not exercise the corrective actions outlined in the plan, the Agency will commence enforcement proceedings under Executive Order 11246 , as amended . Such actions could include:
1.The recovery by the Agency from the Contractor of 0.10% of the Contract award amount or $1,000, whichever sum is greater, as liquidated damages for each week the Contractor fails or refuses to comply . If a subcontractor is in non -compliance, the recovery b y the Agency from the Contractor, to be assessed by the Contractor as a back charge against the subcontractor , of 0.10% of the subcontract price, or $500, whichever sum is greater, in the nature of liquidated damages, for each week that such party fails or refuses to comply; or
2.The suspension of any payment or part thereof due under the Contract until the Contractor or subcontractor can demonstrate compliance with the terms of the Contract; or
3.The termination or cancellation of the Contract, in whol e or in part, unless the Contractor or subcontractor can demonstrate within a specified time compliance with the terms of the Contract; or 6-162 (4) The denial to the Contractor or subcontractor of the right to participate in any future Contracts awarded by the Agency for a period of up to three years.
b.If at any time after the imposition of sanctions one and two above, the Contractor can demonstrate compliance with the requirements of this item, the Contractor may request the Agency to suspend the sanctio ns conditionally, pending a final determination by the Agency as to whether the Contractor is in compliance . Following the final determination, the Agency will either lift the sanctions or impose them.
c.The above sanctions for non -compliance will also a pply to 41 C.F.R. § 60-4.3. 634.0 8 METHO D OF MEASUREMENT . The quantity of Employee Traineeship to be measured for payment will be the number of hours completed in the complete and accepted work . 634.0 9 BASIS OF PAYMENT . The accepted quantity of Employee Traineeship will be paid for at the Contract unit price per hour. Payment will be full compensation for furnishing all tools, equipment , supervision, and incidentals necessary to provide complete training for each trainee. If, in the judgment of the Contractor, a trainee becomes proficient enough to qualify as a journeyman before the end of the prescribed training period, and the Contractor so employs such trainee, full credit and full payment to the Contract or will be made if the period of training given, plus the length of employment as a journeyman in the classification for which trained, are equal to, or more than, the training period specified in the approved training program. If the period of training gi ven plus the period employed as a journeyman does not equal or exceed the training period specified in the approved training program, the Contractor will be paid the Contract amount for each hour the trainee was trained and employed as a journeyman by the Contractor. In the event of partial employee traineeship, the Contractor will be paid for each hour the trainee was trained and employed as a trainee by the Contractor. Payment will be made under: Pay Item Pay Unit
634.10 00 Employee Traineeship ................................ ................................ .............. Hour
6-163 SECTIO N 635 – MOBILIZATION/DEMOBILIZATION 635.0 1 DESCRIPTION . This work shall consist of preparatory work and operations including, but not limited to, those necessary for the movement of personnel, equipment , supplies, and incidentals to and from the project site; for the establishment and removal of all Contractor’s field offices, buildings, and other facilities necessary for work on the project ; and for all other work and operations that must be performed or costs incurred prior to beginning work and upon c ompletion of Contract items. It shall also include compensation for any costs associated with demobilization, project clean up, establishment of vegetation, and completion of all work that is not associated with acceptance of a specific pay item . 635.0 2 METHO D OF MEASUREMENT . The quantity of Mobilization/Demobilization to be measured for payment will be on a lump sum basis. 635.0 3 BASIS OF PAYMENT . The accepted quantity of Mobilization/Demobilization will be paid for at the Contract lump sum price . Paymen t will be full compensation for performing the work specified and for furnishing all labor, tools, material s, equipment , and incidentals necessary to complete the work . For the purposes of computing payment under the Contract item Mobilization/Demobilization, the adjusted Contract price will be a summation of all items bid, excluding the amount bid specifically for the Mobilization/Demobilization item. Partial payments wi ll be made as follows:
a.The first payment of 50% of the lump sum price for Mobilization/Demobilization, or 10% of the adjusted Contract price, whichever is less, will be made within 30 calendar days after execution of the Contract.
b.The second payme nt of 40% of the lump sum price for Mobilization/Demobilization or 5% of the adjusted Contract price, whichever is less, will be made on the first estimate following the completion of 10% of the Contract, excluding Mobilization/Demobilization.
c.Payment of any remaining amount bid for Mobilization/Demobilization will be made after the acceptance date. Payment will be made under: Pay Item Pay Unit
635.11 00 Mobilization/Demobilization ................................ ................................ ....Lump Sum
Source: Vermont Standard Specifications for Construction, 2024 Edition. Pages 933–936 of 1,380.