Common use of Skilled Labor Clause in Contracts

Skilled Labor. All non-apprentice labor shall have the skills of a journeyman in the applicable trade. All workmanship shall be of the quality and finish required by the Contract Documents in all respects. The Contractor shall comply with Education Code section 17407.5, Public Contract Code section 2600 et seq., as modified by AB 3018, and applicable provisions of law which require the Contractor and its Subcontractors at every tier to employ a "skilled and trained workforce", to perform all Work on the Project that falls within an apprenticeable occupation in the building and construction trades. For the purpose of this Section, the definitions set forth in Public Contract Code section 2600 et seq. shall apply. Contractor shall provide written compliance reports to the Owner on a monthly basis while the Project is being performed, using in a format acceptable to the District and sufficient to demonstrate compliance with this Section. Such compliance reports shall be subject to the California Public Records Act (commencing with Gov. Code, § 7920.000), and shall be open to public inspection. The reports will include: (a) each Subcontractor’s name and license number, or list the Contractor if the Contractor is self-performing the applicable scope of Work; (b) that each worker is either a registered apprentice in an apprenticeship program approved by the State or a skilled journeyperson; (c) that of the skilled journeypersons for each Subcontractor and the Contractor, which are graduates of an approved apprenticeship program. It shall be sufficient for the Contractor to state the number of workers in each applicable category. Each report must be submitted within 30 days of the end of the preceding month and shall include all work performed during the preceding month. If reports are unsubmitted or incomplete, the District shall withhold payments from the Contractor equal to 150% of the value of the monthly billing for the relevant Subcontractor(s), which the Contractor shall be entitled to withhold from the Subcontractor(s). If Contractor submits to the District an acceptable plan to achieve substantial compliance the District shall resume making payments to the Contractor, unless it rejects the plan as insufficient, in which case District shall explain its rejection. District shall forward to the Labor Commissioner a copy of any Contractor’s monthly report submitted to the District that fails to comply with Public Contract Code section 2602, et seq. In the event that the Contractor submits a plan to the District to achieve substantial compliance with Public Contract Code 2601 et. seq., the District shall forward a copy of that plan to the Labor Commissioner.

Appears in 4 contracts

Samples: Facilities Lease, Facilities Lease, Facilities Lease

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Skilled Labor. All non-apprentice labor shall have the skills of a journeyman in the applicable trade. All workmanship shall be of the quality and finish required by the Contract Documents in all respects. The Contractor shall comply with Education Code section 17407.5, Public Contract Code section 2600 et seq., as modified by AB 3018, and applicable provisions of law which require the Contractor and its Subcontractors at every tier to employ a "skilled and trained workforce", to perform all Work on the Project that falls within an apprenticeable occupation in the building and construction trades. For the purpose of this SectionArticle, the definitions set forth in Public Contract Code section 2600 et seq. shall apply. Contractor shall provide written compliance reports to the Owner on a monthly basis while the Project is being performed, using in a format acceptable to the District and sufficient to demonstrate compliance with this SectionArticle. Such compliance reports shall be subject to the California Public Records Act (commencing with Gov. Code, § 7920.0006250), and shall be open to public inspection. The reports will include: (a) each Subcontractor’s name and license number, or list the Contractor if the Contractor is self-performing the applicable scope of Work; (b) that each worker is either a registered apprentice in an apprenticeship program approved by the State or a skilled journeyperson; (c) that of the skilled journeypersons for each Subcontractor and the Contractor, which are graduates of an approved apprenticeship program. It shall be sufficient for the Contractor to state the number of workers in each applicable category. Each report must be submitted within 30 days of the end of the preceding month and shall include all work performed during the preceding month. If reports are unsubmitted or incomplete, the District shall withhold payments from the Contractor equal to 150% of the value of the monthly billing for the relevant Subcontractor(s), which the Contractor shall be entitled to withhold from the Subcontractor(s). If Contractor submits to the District an acceptable plan to achieve substantial compliance the District shall resume making payments to the Contractor, unless it rejects the plan as insufficient, in which case District shall explain its rejection. District shall forward to the Labor Commissioner a copy of any Contractor’s monthly report submitted to the District that fails to comply with Public Contract Code section 2602, et seq. In the event that the Contractor submits a plan to the District to achieve substantial compliance with Public Contract Code 2601 et. seq., the District shall forward a copy of that plan to the Labor Commissioner.

Appears in 2 contracts

Samples: Facilities Lease, Facilities Lease

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