Common use of Prevailing Wage Requirements Clause in Contracts

Prevailing Wage Requirements. If required by applicable federal and state law, Developer and its contractors, subcontractors and agents shall comply with the California Labor Code Section 1720 et seq. and the regulations adopted pursuant thereto (and if applicable, the federal ▇▇▇▇▇ ▇▇▇▇▇ Act and implementing regulations) (all of the foregoing, collectively, “Prevailing Wage Laws”), and shall be responsible for carrying out the requirements of such provisions. If applicable, Developer shall submit to City a plan for monitoring payment of prevailing wages and at Developer’s expense shall implement such plan and comply with all applicable reporting and recordkeeping requirements. To the greatest extent permitted by law, Developer shall indemnify, defend (with counsel approved by City) and hold the Indemnitees harmless from and against all Claims that directly or indirectly, in whole or in part, are caused by, arise in connection with, result from, relate to, or are alleged to be caused by, arise in connection with, or relate to, the payment or requirement of payment of prevailing wages (including without limitation, all claims that may be made by contractors, subcontractors or other third party claimants pursuant to Labor Code Sections 1726 and 1781) or the requirement of competitive bidding in connection with the Project, the failure to comply with any state or federal labor laws, regulations or standards in connection with this Agreement, including but not limited to the Prevailing Wage Laws, or any act or omission of Developer related to this Agreement with respect to the payment or requirement of payment of prevailing wages or the requirement of competitive bidding, whether or not any insurance policies shall have been determined to be applicable to any such Claims. The provisions of this Section 5.14 shall survive the expiration or earlier termination of this Agreement and the issuance of a Certificate of Completion for the Project. Developer’s indemnification obligations set forth in this Section shall not apply to Claims to the extent arising from the gross negligence or willful misconduct of the Indemnitees and are subject to the additional terms set forth in Section 10.2 below.

Prevailing Wage Requirements. If To the extent, and if, required by applicable federal and state lawlaws, Developer rules and regulations, DEVELOPER and its contractors, subcontractors contractors and agents shall comply with the California Labor Code Section 1720 et seq. and applicable federal labor laws and standards, and the regulations adopted pursuant thereto (and if applicable, the federal ▇▇▇▇▇ ▇▇▇▇▇ Act and implementing regulations) (all of the foregoing, collectively, “Prevailing Wage Laws”), and shall be responsible for carrying out the requirements of such provisions. If applicable, Developer DEVELOPER shall submit to City CITY a plan for monitoring payment of prevailing wages and at Developer’s expense shall implement such plan and comply with all applicable reporting and recordkeeping requirementsat DEVELOPER’s expense. To the greatest extent permitted by law, Developer DEVELOPER shall indemnify, defend (with counsel approved by CityCITY) and hold the Indemnitees CITY, and its respective elected and appointed officers, officials, employees, agents, consultants, and contractors (collectively, the “Indemnitees”) harmless from and against all Claims that liability, loss, cost, expense (including without limitation attorneys’ fees and costs of litigation), claim, demand, action, suit, judicial or administrative proceeding, penalty, deficiency, fine, order, and damage (all of the foregoing collectively “Claims”) which directly or indirectly, in whole or in part, are caused by, arise in connection with, result from, relate to, or are alleged to be caused by, arise in connection with, or relate to, the payment or requirement of payment of prevailing wages (including without limitation, all claims that may be made by contractors, subcontractors or other third party claimants pursuant to Labor Code Sections 1726 and 1781) or the requirement of competitive bidding in connection with the construction of the Project, the failure to comply with any state or federal labor laws, regulations or standards in connection with this Agreement, including but not limited to the Prevailing Wage Laws, or any act or omission of Developer DEVELOPER related to this Agreement with respect to the payment or requirement of payment of prevailing wages or the requirement of competitive bidding, whether or not any insurance policies shall have been determined to be applicable to any such Claims. It is further agreed that CITY does not and shall not waive any rights against DEVELOPER which they may have by reason of this indemnity and hold harmless agreement because of the acceptance by CITY, or DEVELOPER’s deposit with CITY of any of the insurance policies described in this Agreement. The provisions of this Section 5.14 shall survive the expiration or earlier termination of this Agreement and the issuance of a Certificate of Completion for the Project. DeveloperDEVELOPER’s indemnification obligations set forth in under this Section shall not apply to Claims to the extent arising from the any Claim which arises as a result of an Indemnitee’s gross negligence or willful misconduct of the Indemnitees and are subject to the additional terms set forth in Section 10.2 belowmisconduct.

Prevailing Wage Requirements. If required by applicable federal and state law, Developer and its contractors, subcontractors and agents shall comply with the California Labor Code Section 1720 et seq. and the regulations adopted pursuant thereto (and if applicable, the federal ▇▇▇▇▇ ▇▇▇▇▇ Act and implementing regulations) (all of the foregoing, collectively, “Prevailing Wage Laws”), and shall be responsible for carrying out the requirements of such provisions. If applicable, Developer shall submit to City a plan for monitoring payment of prevailing wages and at Developer’s expense shall implement such plan and comply with all applicable reporting and recordkeeping requirements. To the greatest extent permitted by law, Developer shall indemnify, defend (with counsel reasonably approved by City) and hold the Indemnitees harmless from and against all Claims that directly or indirectly, in whole or in part, are caused by, arise in connection with, result from, relate to, or are alleged to be caused by, arise in connection with, or relate to, the payment or requirement of payment of prevailing wages (including without limitation, all claims that may be made by contractors, subcontractors or other third party claimants pursuant to Labor Code Sections 1726 and 1781) or the requirement of competitive bidding in connection with the Project, the failure to comply with any state or federal labor laws, regulations or standards in connection with this Agreement, including but not limited to the Prevailing Wage Laws, or any act or omission of Developer related to this Agreement with respect to the payment or requirement of payment of prevailing wages or the requirement of competitive bidding, whether or not any insurance policies shall have been determined to be applicable to any such Claims. The provisions of this Section 5.14 shall survive the expiration or earlier termination of this Agreement and the issuance of a Certificate of Completion for the Project. Developer’s indemnification obligations set forth in this Section shall not apply to Claims to the extent arising from the gross negligence or willful misconduct of the Indemnitees and are subject to the additional terms set forth in Section 10.2 below.

Prevailing Wage Requirements. If required by applicable federal and state law, Developer and its contractors, subcontractors and agents shall comply with the California Labor Code Section 1720 et seq. and the regulations adopted pursuant thereto (and if applicable, the federal ▇▇▇▇▇ ▇▇▇▇▇ Act and implementing regulations) (all of the foregoing, collectively, “Prevailing Wage Laws”), and shall be responsible for carrying out the requirements of such provisions. If applicable, Developer shall submit to City a plan for monitoring payment of prevailing wages and at Developer’s expense shall implement such plan and comply with all applicable reporting and recordkeeping requirements. To the greatest extent permitted by law, Developer shall indemnify, defend (with counsel approved by City) and hold the Indemnitees harmless from and against all Claims that directly or indirectly, in whole or in part, are caused by, arise in connection with, result from, relate to, or are alleged to be caused by, arise in connection with, or relate to, the payment or requirement of payment of prevailing wages (including without limitation, all claims that may be made by contractors, subcontractors or other third party claimants pursuant to Labor Code Sections 1726 and 1781) or the requirement of competitive bidding in connection with the Downtown Project, the failure to comply with any state or federal labor laws, regulations or standards in connection with this Agreement, including but not limited to the Prevailing Wage Laws, or any act or omission of Developer related to this Agreement with respect to the payment or requirement of payment of prevailing wages or the requirement of competitive bidding, whether or not any insurance policies shall have been determined to be applicable to any such Claims. The provisions of this Section 5.14 shall survive the expiration or earlier termination of this Agreement and the issuance of a Certificate of Completion for the Project. Developer’s indemnification obligations set forth in this Section shall not apply to Claims to the extent arising from the gross negligence or willful misconduct of the Indemnitees and are subject to the additional terms set forth in Section 10.2 below.

Prevailing Wage Requirements. If required by applicable federal Developer shall comply and state law, Developer and shall cause its contractors, subcontractors and agents shall to comply with the California Labor Code Section 1720 et seq. and the regulations adopted pursuant thereto (and if applicablethereto, the federal ▇▇▇▇▇ ▇▇▇▇▇ Act and implementing regulationsregulations (if applicable), and the City’s Living Wage Ordinance (Richmond Municipal Code 2.60) (“RMC Chapter 2.60”) (all of the foregoing, collectively, “Prevailing Wage Laws”), including without limitation, the requirement to pay prevailing wages and living wages, as applicable, in the development of the Project as those wages are determined pursuant to Prevailing Wage Laws and RMC Chapter 2.60, and shall be responsible for carrying out the requirements of such provisions. If applicable, Developer shall submit to City RHA a plan for monitoring payment of prevailing wages and at Developer’s expense shall implement such plan and comply with all applicable reporting and recordkeeping requirements. In addition, if applicable, Developer shall comply with all applicable requirements set forth in California Government Code Section 65913.4(a)(8). Without limiting the generality of the preceding paragraph, to the extent required by applicable law Developer shall: (i) pay, and shall cause all contractors and subcontractors to pay, prevailing wages in the construction of the Improvements as those wages are determined pursuant to California Labor Code Section 1720 et seq. and RMC Chapter 2.60; (ii) cause all contractors and subcontractors to employ apprentices as required by California Labor Code Section 1777.5 et seq., and the implementing regulations of the Department of Industrial Relations (“DIR”), and to comply with the other applicable provisions of Prevailing Wage Laws; (iii) keep and retain, and shall cause all contractors and subcontractors to keep and retain, such records as are necessary to determine if such prevailing wages have been paid as required pursuant to California Labor Code Section 1720 et seq. and RMC Chapter 2.60, and apprentices have been employed as required by California Labor Code Section 1777.5 et seq.; (iv) post at the Property, or cause the contractor to post at the Property, the applicable prevailing rates of per diem wages. Copies of the currently applicable current per diem prevailing wages are available from DIR; (v) cause contractors and subcontractors constructing the Improvements to be registered as set forth in California Labor Code Section 1725.5; (vi) cause its contractors and subcontractors, in all calls for bids, bidding materials and the construction contract documents for the construction of the Improvements to specify that: (a) no contractor or subcontractor may be listed on a bid proposal nor be awarded a contract for the construction of the Improvements unless registered with the DIR pursuant to California Labor Code Section 1725.5; and (b) the construction of the Improvements is subject to compliance monitoring and enforcement by the DIR. (vii) provide RHA all information required by California Labor Code Section 1773.3 as set forth in the DIR's online form PWC-100 within 2 days of the award of any contract (▇▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/pwc100ext/); (viii) cause its contractors to post job site notices, as prescribed by regulation by the DIR; and (ix) cause its contractors to furnish payroll records required by California Labor Code Section 1776 directly to the Labor Commissioner, at least monthly in the electronic format prescribed by the Labor Commissioner. To the greatest extent permitted allowed by law, Developer shall indemnify, defend (with counsel approved by CityRHA) and hold harmless the Indemnitees harmless from and against all Claims that arising directly or indirectly, in whole or in part, are caused byfrom the failure or alleged failure by Developer, arise or any other person, including without limitation, Developer’s contractor and subcontractors to comply with all applicable provisions of Prevailing Wage Laws in connection withwith construction of the Project, result from, relate to, or are alleged to be caused by, arise in connection with, or relate to, the payment or requirement of payment of prevailing wages (including without limitation, all claims Claims that may be made by contractors, subcontractors or other third party claimants pursuant to Labor Code Sections 1726 and 1781) or the requirement of competitive bidding in connection with the Project, the all Claims relating to any failure to pay prevailing wages, employ apprentices, or comply with any state all applicable State or federal labor laws, regulations or standards in connection with this Agreement, including but not limited to the Prevailing Wage Laws, or any act or omission of Developer related to this Agreement with respect to the payment or requirement of payment of prevailing wages or the requirement of competitive bidding, whether or not any insurance policies shall have been determined to be applicable to any such Claims. The provisions of this Section 5.14 shall survive the expiration or earlier termination of this Agreement and the issuance of a Certificate of Completion for the ProjectProject and are subject to the provisions of Section 10.2 below. Developer’s indemnification obligations set forth in this Section shall not apply to Claims to the extent arising from the gross negligence or willful misconduct of the Indemnitees and are subject to the additional terms set forth in Section 10.2 belowIndemnitees.

Prevailing Wage Requirements. If required by applicable federal and state law, Developer and its contractors, subcontractors and agents shall pay prevailing wages for all construction work related to the Project, and shall comply with the California Labor Code Section 1720 et seq. and the regulations adopted pursuant thereto (and if applicableapplicable due to financing sources used for the Project, the federal ▇▇▇▇▇ ▇▇▇▇▇ Act and implementing regulations) (all of the foregoing, collectively, “Prevailing Wage Laws”), and shall be responsible for carrying out the requirements of such provisions. If applicable, Developer shall submit to City a plan for monitoring payment of prevailing wages and at Developer’s expense shall implement such plan and comply with all applicable reporting and recordkeeping requirements. To the greatest extent permitted by law, Developer shall indemnify, defend (with counsel approved by City) and hold the Indemnitees City and its elected and appointed officers, officials, employees, agents, consultants, and contractors (all of the foregoing, collectively, the “Indemnitees”) harmless from and against all Claims that liability, loss, cost, expense (including without limitation attorneys’ fees and costs of litigation), claim, demand, action, suit, judicial or administrative proceeding, penalty, deficiency, fine, order, and damage (all of the foregoing collectively “Claims”) which directly or indirectly, in whole or in part, are caused by, arise in connection with, result from, relate to, or are alleged to be caused by, arise in connection with, or relate to, the payment or requirement of payment of prevailing wages (including without limitation, all claims that may be made by contractors, subcontractors or other third party claimants pursuant to Labor Code Sections 1726 and 1781) or the requirement of competitive bidding in connection with the Project, the failure to comply with any state or federal labor laws, regulations or standards in connection with this Agreement, including but not limited to the Prevailing Wage Laws, or any act or omission of Developer related to this Agreement with respect to the payment or requirement of payment of prevailing wages or the requirement of competitive bidding, whether or not any insurance policies shall have been determined to be applicable to any such Claims. It is further agreed that City does not and shall not waive any rights against Developer which it may have by reason of this indemnity and hold harmless agreement because of the acceptance by City, or Developer’s deposit with City of any of the insurance policies described in this Agreement. The provisions of this Section 5.14 shall survive the expiration or earlier termination of this Agreement and the issuance of a Certificate of Completion for the Project. Developer’s indemnification obligations set forth in this Section shall not apply to Claims to the extent arising from the gross negligence or willful misconduct of the Indemnitees and are subject to the additional terms set forth in Section 10.2 belowIndemnitees.

Prevailing Wage Requirements. If required by applicable federal The parties hereto agree that Developer, contractors and state law, agents shall pay prevailing wages on all Project construction. Developer and its contractors, subcontractors contractors and agents shall comply with the all applicable federal and state labor laws and standards, including California Labor Code Section 1720 et seq. and the regulations adopted pursuant thereto (and if applicable, collectively referred to herein as the federal ▇▇▇▇▇ ▇▇▇▇▇ Act and implementing regulations) (all of the foregoing, collectively, “Prevailing Wage Laws”), and shall be responsible for carrying out the requirements of such provisions. If applicable, Developer shall submit to City a plan for monitoring payment of prevailing wages and at Developer’s expense shall implement such plan and comply with all applicable reporting and recordkeeping requirements. To the greatest extent permitted by law, Developer shall indemnify, defend (with counsel reasonably approved by CityAgency) and hold the Indemnitees Agency, the City, and their respective elected and appointed officers, officials, employees, agents, and representatives (collectively, the “Indemnitees”) harmless from and against all Claims that liability, loss, cost, expense (including without limitation attorneys’ fees and costs of litigation), claim, demand, action, suit, judicial or administrative proceeding, penalty, deficiency, fine, order, and damage (all of the foregoing collectively “Claims”) which directly or indirectly, in whole or in part, are caused by, arise in connection with, result from, relate to, or are alleged to be caused by, arise in connection with, or relate to, the payment or requirement of payment of prevailing wages (including without limitation, all claims that may be made by contractors, subcontractors or other third party claimants pursuant to Labor Code Sections 1726 and 1781) or the requirement of competitive bidding in connection with the construction of the Project, the failure to comply with any state or federal labor laws, regulations or standards in connection with this Agreement, including but not limited to the Prevailing Wage Laws, or any act or omission of Developer related to this Agreement with respect to the payment or requirement of payment of prevailing wages or the requirement of competitive bidding, whether or not any insurance policies shall have been determined to be applicable to any such Claims. For the purposes of this Section, the term construction of the Project shall include all improvement activities that may constitute "construction" under Labor Code Section 1720 et seq. The Developer shall cause the contractor and subcontractors to keep and retain such records as are necessary to determine if such prevailing wages have been paid as required pursuant to Labor Code Sections 1720 et seq. The provisions of this Section 5.14 3.16 shall survive the expiration or earlier termination of this Agreement and the issuance of a Certificate of Completion for the Project. Developer’s indemnification obligations set forth in this Section shall not apply to Claims to the extent arising from the gross negligence or willful misconduct of the Indemnitees and are subject to the additional terms set forth in Section 10.2 below.

Prevailing Wage Requirements. If (a) Tenant shall and shall cause its contractors and subcontractors to pay prevailing wages in the construction and rehabilitation of the ADA Improvements as those wages are determined pursuant to Labor Code Sections 1720 et seq., and the implementing regulations of the Department of Industrial Relations (the "DIR"), to employ apprentices as required by applicable federal Labor Code Sections 1777.5 et seq., and state law, Developer the implementing regulations of the DIR and its contractors, subcontractors and agents shall comply with the California other applicable provisions of Labor Code Sections 1720 et seq., 1777.5 et seq., 1810- 1815 and implementing regulations of the DIR. (b) All calls for bids, bidding materials and the construction contract documents for the construction of the ADA Improvements must specify that: (1) No contractor or subcontractor may be listed on a bid proposal nor be awarded a contract for the construction of the ADA Improvements unless registered with the DIR pursuant to Labor Code Section 1720 et seq. 1725.5. (2) The ADA Improvements are subject to compliance monitoring and enforcement by the regulations adopted pursuant thereto DIR. (and if applicable, the federal c) ▇▇▇▇▇ ▇▇, as the "awarding body", shall register the construction of the ADA Improvements as required by Labor Code Section 1773.3 as set forth in the DIR's online form PWC-100 within two (2) days after entering into the construction contract and provide evidence of such registration to Landlord within two (2) days of such registration and any additional registration reporting to the DIR. (d) In accordance with Labor Code Sections 1725.5 and 1771.1, Tenant shall require that its contractors and subcontractors be registered with the DIR, and maintain such registration as required by the DIR. (e) Pursuant to Labor Code Section 1771.4, the construction and rehabilitation of the ADA Improvements is subject to compliance monitoring and enforcement by the DIR. Tenant shall and shall require its contractors and subcontractors to submit payroll and other records electronically to the DIR pursuant to Labor Code Sections 1771.4 and 1776 et seq., or in such other format as required by the DIR. (f) Tenant shall and shall cause its contractors and subcontractors to keep and retain such records as are necessary to determine if prevailing wages have been paid as required pursuant to Labor Code Sections 1720 et seq., and that apprentices have been employed as required by Labor Code Section 1777.5 et seq., and shall, from time to time upon the request of the Lessor provide to the Lessor such records and other documentation reasonably requested by the Lessor. (g) Tenant shall cause its respective contractors and subcontractors to comply with all other applicable provisions of Labor Code, including without limitation, Labor Code Sections 1720 et seq., 1725.5, 1771, 1771.1, 1771.4, 1776, 1777.5 et seq., 1810-1815 and implementing regulations of the DIR in connection with construction and rehabilitation of the Improvements or any other work undertaken or in connection with the Premises. (h) Copies of the currently applicable current per diem prevailing wages are available from the DIR website, ▇▇▇.▇▇ Act ▇▇.▇▇.▇▇▇. Tenant shall cause its respective contractors to post the applicable prevailing rates of per diem wages at the project site and implementing regulationsto post job site notices, in compliance with Title 8 California Code of Regulations 16451(d) or as otherwise as required by the DIR. (all of the foregoing, collectively, “Prevailing Wage Laws”), and shall be responsible for carrying out the requirements of such provisions. If applicable, Developer shall submit to City a plan for monitoring payment of prevailing wages and at Developer’s expense shall implement such plan and comply with all applicable reporting and recordkeeping requirements. To the greatest extent permitted by law, Developer i) Tenant shall indemnify, defend (with counsel approved by City▇▇▇▇▇▇▇▇) and hold Landlord and its elected and appointed officers, employees, agents, consultants, and contractors (collectively. the Indemnitees “Indemnitees”) harmless from and against all Claims that liability, loss, cost, expense (including without limitation attorneys’ fees and costs of litigation), claim, demand, action, suit, judicial or administrative proceeding, penalty, deficiency, fine, order, and damage (all of the foregoing collectively “Claims”) which directly or indirectly, in whole or in part, are caused by, arise in connection with, result from, relate to, or are alleged to be caused by, arise in connection with, or relate to, the payment or requirement of payment of prevailing wages (including without limitation, all claims that may be made by contractors, subcontractors or other third party claimants pursuant to Labor Code Sections 1726 in the construction and 1781) or rehabilitation of the requirement of competitive bidding in connection with the ProjectADA Improvements, the failure to comply with any state or federal labor laws, regulations or standards in connection with this AgreementLease, including but not limited to the Prevailing Wage Laws, or any act or omission of Developer Tenant related to this Agreement Lease with respect to the payment or requirement of payment of prevailing wages or the requirement of competitive biddingwages, whether or not any insurance policies shall have been determined to be applicable to any such Claims. It is further agreed that Landlord does not and shall not waive any rights against Tenant which it may have by reason of this indemnity and hold harmless agreement because of the acceptance by Landlord, or ▇▇▇▇▇▇’s deposit with Landlord of any of the insurance policies described in this Lease. The provisions of this Section 5.14 6.3 shall survive the expiration or earlier termination of this Agreement Lease and the issuance Landlord’s approval of a Certificate of Completion for the ProjectADA Improvements. DeveloperLessee’s indemnification obligations set forth in under this Section 6.1 shall not apply to Claims to the extent arising from the any Claim which arises as a result of an Indemnitee’s gross negligence or willful misconduct of the Indemnitees and are subject to the additional terms set forth in Section 10.2 belowmisconduct.

Prevailing Wage Requirements. If required by applicable federal and state law, Developer Borrower and its contractors, subcontractors and agents shall comply with the California Labor Code Section 1720 et seq. and the regulations adopted pursuant thereto (and if applicable, applicable the federal ▇▇▇▇▇ ▇▇▇▇▇ Act and implementing regulations) (all of the foregoing, collectively, “Prevailing Wage Laws”), and shall be responsible for carrying out the requirements of such provisions. If applicable, Developer Borrower shall submit to City a plan for monitoring payment of prevailing wages and at DeveloperBorrower’s expense shall implement such plan and comply with all applicable reporting and recordkeeping requirements. To the greatest extent permitted allowed by law, Developer ▇▇▇▇▇▇▇▇ shall indemnify, defend (with counsel approved by City) and hold the Indemnitees City and its elected and elected officials, officers, directors, employees, agents, consultants, designated volunteers and contractors (all of the foregoing, collectively, the “Indemnitees”) harmless from and against all Claims that liability, loss, cost, expense (including without limitation attorneys’ fees and costs of litigation), claim, demand, action, suit, judicial or administrative proceeding, penalty, deficiency, fine, order, and damage (all of the foregoing collectively “Claims”) which directly or indirectly, in whole or in part, are caused by, arise in connection with, result from, relate to, or are alleged to be caused by, arise in connection with, or relate to, the payment or requirement of payment of prevailing wages (including without limitation, all claims that may be made by contractors, subcontractors or other third party claimants pursuant to Labor Code Sections 1726 and 1781) or the requirement of competitive bidding in connection with the Project, the failure to comply with any state or federal labor laws, regulations or standards in connection with this Agreement, including but not limited to the Prevailing Wage Laws, or any act or omission of Developer Borrower related to this Agreement with respect to the payment or requirement of payment of prevailing wages or the requirement of competitive bidding, whether or not any insurance policies shall have been determined to be applicable to any such Claims. The provisions of this Section 5.14 5.3 shall survive the expiration or earlier termination of this Agreement and the issuance of a Certificate of Completion Occupancy for the Project. DeveloperBorrower’s indemnification obligations set forth in this Section shall not apply to Claims to the extent arising from the gross negligence or willful misconduct of the Indemnitees and are subject to the additional terms set forth in Section 10.2 11.2 below.