Common use of Prevailing Wages Clause in Contracts

Prevailing Wages. The applicable Project is a public work, the Work shall be performed as a public work and under California Labor section Code 1770 et seq., the Director of Industrial Relations has determined the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the work is to be performed, for each craft, classification or type of worker needed to execute this Contract. Per diem wages shall be deemed to include employer payments for health and welfare, pension, vacation, apprenticeship or other training programs, and similar purposes. Copies of the rates are on file at the District’s principal office. The rate of prevailing wage for any craft, classification or type of workmanship to be employed on this Project is the rate established by the applicable collective bargaining agreement which rate so provided is hereby adopted by reference and shall be effective for the life of this Agreement or until the Director of the Department of Industrial Relations determines that another rate be adopted. It shall be mandatory upon the Contractor and on any subcontractor to pay not less than the said specified rates to all workers employed in the execution of this Agreement. Contractor shall post on site all required job site notices as prescribed by regulation. The Contractor and any subcontractor under the Contractor as a penalty to the District shall forfeit not more than Two Hundred Dollars ($200.00) for each calendar day or portion thereof for each worker paid less than the stipulated prevailing rates for such work or craft in which such worker is employed. The difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor. Pursuant to Labor Code section 1776, the Contractor and each subcontractor shall keep or cause to be kept an accurate record for work on this Project showing the names, addresses, social security numbers, work classification, straight time and overtime hours worked and occupations of all laborers, workers and mechanics employed by them in connection with the performance of this Contract or any subcontract thereunder, and showing also the actual per diem wage paid to each of such workers, which records shall be open at all reasonable hours to inspection by the District, its officers and agents and to the representatives of the Division of Labor Standards Enforcement of the State Department of Industrial Relations. Contractor and subcontractors shall comply with Labor Code section 1776.

Appears in 9 contracts

Samples: Standard Agreement, Standard Agreement, Standard Agreement

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Prevailing Wages. The applicable Project is a public work, the Work shall be performed as a public work work, and under California Labor Code section Code 1770 et seq., the Director of the California Department of Industrial Relations (“DIR”) has determined the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the work Work is to be performed, for each craft, classification or type of worker needed to execute this Contract. Per diem wages shall be deemed to include employer payments for health and welfare, pension, vacation, apprenticeship or other training programs, and similar purposes. Copies of the rates are on file at the DistrictOwner’s principal office. The rate of prevailing wage for any craft, classification or type of workmanship to be employed on this Project is the rate established by the applicable collective bargaining agreement which rate so provided is hereby adopted by reference and shall be effective for the life of this Agreement or until the Director of the Department of Industrial Relations DIR determines that another rate be adopted. It shall be mandatory upon the Contractor and on any subcontractor to pay not less than the said specified rates to all workers employed in the execution of this Agreement. Contractor shall post on site all required job site notices as prescribed by regulation. The Contractor and any subcontractor under the Contractor as a penalty to the District Owner shall forfeit not more than Two Hundred Dollars ($200.00) for each calendar day or portion thereof for each worker paid less than the stipulated prevailing rates for such work or craft in which such worker is employed. The difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor. Pursuant to Labor Code section 1776, the The Contractor and each subcontractor Subcontractor shall keep or cause to be kept an accurate record for work on this Project showing the names, addresses, social security numbers, work classification, straight time and overtime hours worked and occupations of all laborers, workers and mechanics employed by them in connection with the performance of this Contract or any subcontract thereunder, and showing also the actual per diem wage paid to each of such workers, which records shall be open at all reasonable hours to inspection by the DistrictOwner, its officers and agents and to the representatives of the Division of Labor Standards Enforcement of the State Department of Industrial RelationsDIR. Contractor and all subcontractors shall comply with Labor Code section 1776. In accordance with Labor Code section 1771.4(a)(1), the Project is subject to compliance monitoring and enforcement by the DIR. The Contractor and each subcontractor shall furnish a certified copy of all payroll records directly to the Labor Commissioner on a monthly basis, unless directed by the Owner to furnish such records more often, and in the format prescribed by the Labor Commissioner. As a public work, the Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. For all projects over Twenty-five Thousand Dollars ($25,000): in order to be qualified to submit a bid or to be listed in a bid proposal subject to the requirements of Public Contract Code section 4104, or enter into, or engage in the performance of any contract of public work (as defined by Division 2, Part 7, Chapter 1 (§§ 1720 et seq.) of the Labor Code), a contractor or subcontractor must be currently registered and qualified under Labor Code section 1725.5 to perform public work as defined by Division 2, Part 7, Chapter 1 (§§ 1720 et seq.) of the Labor Code.

Appears in 7 contracts

Samples: Lease Leaseback Agreement, Lease Leaseback Agreement, Lease Leaseback Agreement

Prevailing Wages. The applicable Project is a public workPursuant to the provisions of Section 1773 of the California Labor Code, the Work shall be performed as a public work and under California Labor section Code 1770 et seq., the Director of Industrial Relations has determined Department will obtain the general prevailing rate of per diem wages and the general prevailing (which rate for holiday and overtime work in the locality in which the work is to be performed, for each craft, classification or type of worker needed to execute this Contract. Per diem wages shall be deemed to include includes employer payments for health and welfare, pension, vacation, travel time and subsistence pay as provided for in Section 1773.8 of said Code, apprenticeship or other training programsprograms authorized by Section 3093 of said Code, and similar purposes) applicable to the Work, for straight time, overtime, Saturday, Sunday, and holiday work. Copies The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the rates are on file at the District’s principal office. The rate of prevailing wage for any particular craft, classification or type of workmanship worker concerned; provided that if the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the California Government Code. The general prevailing wage rates and any applicable changes to these wage rates are available at the Labor Compliance Office at the offices of the District Director of Transportation for the district in which the Work is situated. General prevailing wage rates and changes thereto are also available from the California Department of Industrial Relations' Internet Web Site at: xxxx://xxx.xxx.xx.xxx. For crafts or classifications not shown on the prevailing wage determinations, Developer may be employed on this Project required to pay the wage rate of the most closely related craft or classification shown in such determinations for Work. If there is a difference between the rate established minimum wage rates predetermined by the applicable collective bargaining agreement which rate so provided is hereby adopted Secretary of Labor and the general prevailing wage rates determined by reference and shall be effective for the life of this Agreement or until the Director of the Department of Industrial Relations determines that another rate be adopted. It (DIR) for similar classifications of labor, Developer shall be mandatory upon the Contractor pay and on any subcontractor cause its Contractors to pay not less than the said specified higher wage rate. The DIR will not accept lower State wage rates to all workers employed that are not specifically included in the execution Federal minimum wage determinations. This includes "helper" (or other classifications based on hours of this Agreementexperience) or any other classification not appearing in the Federal wage determinations. Contractor Where Federal wage determinations do not contain the State wage rate determination that is otherwise available for use by Developer and Contractors, Developer shall post on site all required job site notices as prescribed by regulation. The Contractor pay and any subcontractor under the Contractor as a penalty cause its Contractors to the District shall forfeit pay not more than Two Hundred Dollars ($200.00) for each calendar day or portion thereof for each worker paid less than the stipulated prevailing rates for such work or craft in which such worker is employed. The difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing Federal minimum wage rate shall be paid to each worker by which most closely approximates the Contractor. Pursuant to Labor Code section 1776, the Contractor and each subcontractor shall keep or cause to be kept an accurate record for work on this Project showing the names, addresses, social security numbers, work classification, straight time and overtime hours worked and occupations of all laborers, workers and mechanics employed by them in connection with the performance of this Contract or any subcontract thereunder, and showing also the actual per diem wage paid to each of such workers, which records shall be open at all reasonable hours to inspection by the District, its officers and agents and to the representatives duties of the Division of Labor Standards Enforcement of the State Department of Industrial Relations. Contractor and subcontractors shall comply with Labor Code section 1776employees in question.

Appears in 4 contracts

Samples: Direct Agreement, Direct Agreement, Direct Agreement

Prevailing Wages. The applicable Project is a public work‌ Bidders are hereby notified that, the Work shall be performed as a public work and under California Labor section Code 1770 pursuant to Section 1770, et seq.. of the Labor Code of the State of California, the Director of Industrial Relations of the State of California has determined ascertained the general prevailing rate of per diem hourly wages and the general prevailing rate rates for holiday legal holidays and overtime work in the locality in which the where this work is to be performed, performed for each craft, classification craft or type of worker or mechanic needed to execute this Contractthe Contract which will be awarded to the successful Bidder. Per diem wages shall be deemed to include employer payments for health and welfare, pension, vacation, apprenticeship or other training programs, and similar purposes. Copies of the rates Prevailing Wage Rates are on file at in the District’s principal officeoffice of the City Clerk. The An up-to-date rate schedule can be obtained by contacting the Department of Industrial Relations, Division of Labor Statistics and Research, 000 Xxxxxx Xxxx Xxxxxx, 0xx Xxxxx, Xxxx 0000, Xxx Xxxxxxxxx, XX 00000 or online by visiting xxxx://xxx.xxx.xx.xxx/public-works/prevailing-wage.html. If federal funds are involved, the Contractor may need to use federal prevailing wage for any craftwages, classification or type of workmanship to which can be employed on this Project is obtained from the rate established by the applicable collective bargaining agreement which rate so provided is hereby adopted by reference Wage and shall be effective for the life of this Agreement or until the Director Hour Division of the Department of Industrial Relations determines that another rate be adopted. It shall be mandatory upon the Contractor and on any subcontractor to pay not less than the said specified rates to all workers employed in the execution of this Agreement. Labor, 00 Xxxxxxxxx Xxxxxx, San Francisco, CA 94105 or online by visiting xxxxx://xxx.xxx.xxx/whd/. The Contractor shall post on site all required a copy of the prevailing wage rates at each job site notices as prescribed by regulationsite. The Contractor and any subcontractor under shall comply with the provisions of Labor Code Section 1775. In accordance with said Section 1775, the Contractor shall forfeit, as a penalty to the District shall forfeit not more than Two Hundred City, Twenty Five Dollars ($200.0025.00) for each calendar day day, or portion thereof thereof, for each worker paid less than the stipulated prevailing rates rate for such work or craft in which such worker is employedemployed for any public work done under the contract by him or by any subcontractor under him. The In addition to said penalty, the Contractor shall pay to each worker the difference between such the stipulated prevailing wage rates rate and the amount paid to each worker for each calendar day day, or portion thereof thereof, for which each worker was paid less than the stipulated prevailing wage rate. The Contractor may pay compensation to workers in excess of the prevailing wage rate as determined above; however, such payments shall not be the basis for any claim for additional compensation to the Contractor by the City. The possibility of wage increases is one of the elements to be considered by the Contractor in determining his bid, and will not under any circumstances be considered as the basis for any claim for additional compensation to the Contractor by the City. The City Engineer will require submittal of certified payrolls from the Contractor when, in his opinion, they are needed to verify that the Contractor is in compliance with the State Labor Code or when needed to confirm the cost of work being done or the cost of proposed changes on the project. The payrolls shall be paid to each worker on a form and at a frequency as required by the Contractor. Pursuant to Labor Code section 1776, the Contractor and each subcontractor shall keep or cause to be kept an accurate record for work on this Project showing the names, addresses, social security numbers, work classification, straight time and overtime hours worked and occupations of all laborers, workers and mechanics employed by them in connection with the performance of this Contract or any subcontract thereunder, and showing also the actual per diem wage paid to each of such workers, which records shall be open at all reasonable hours to inspection by the District, its officers and agents and to the representatives of the Division of Labor Standards Enforcement of the State Department of Industrial Relations. Contractor and subcontractors shall comply with Labor Code section 1776City Engineer.

Appears in 3 contracts

Samples: Beach Construction Services Agreement, Beach Construction Services Agreement, Beach Construction Services Agreement

Prevailing Wages. The applicable Project is a public work, Pursuant to the Work shall be performed as a public work and under California Labor section Code provisions of Section 1770 et seq.. of the Labor Code of the State of California, which are hereby incorporated by reference and made a part hereof, the Director of Industrial Relations has determined the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the work is to be performed, for each craft, classification or type of worker needed to execute this Contract. Per diem wages shall be deemed to include employer payments for health and welfare, pension, vacation, apprenticeship or other training programs, and similar purposes. Copies of the these rates are on file at the DistrictOwner’s principal office. The rate of prevailing wage for any craft, classification or type of workmanship to be employed on this Project is the rate established by the applicable collective bargaining agreement which rate so provided is hereby adopted by reference and shall be effective for the life of this Agreement or until the Director of the Department of Industrial Relations determines that another rate be adopted. It shall be mandatory upon the Contractor and on any subcontractor to pay not less than the said specified rates to all workers employed in the execution of this Agreement. Contractor shall post on site all required job site notices as prescribed by regulation. The Contractor and any subcontractor under the Contractor as a penalty to the District Owner shall forfeit not more than Two Hundred Dollars ($200.00) for each calendar day or portion thereof for each worker paid less than that the stipulated prevailing rates for such work or craft in which such worker is employed. The difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than that the stipulated prevailing wage rate shall be paid to each worker by the Contractor. Pursuant to Labor Code section 1776, the The Contractor and each subcontractor Subcontractor shall keep or cause to be kept an accurate record for work on this Project showing the names, addresses, social security numbers, work classification, straight time and overtime hours worked and occupations of all laborers, workers and mechanics employed by them in connection with the performance of this Contract or any subcontract thereunder, and showing also the actual per diem wage paid to each of such workers, which records shall be open at all reasonable hours to inspection by the DistrictOwner, its officers and agents and to the representatives of the Division of Labor Standards Law Enforcement of the State Department of Industrial Relations. Contractor Projects using state bond funds are subject to labor compliance monitoring and subcontractors shall comply investigative activities by the Compliance Monitoring Unit (“CMU”) of the Division of Labor Standards Enforcement, Department of Industrial Relations of the State of California (“DIR”), in conformance with Labor Code sections 1771.55 and 1771.75, and subchapter 4.5 (commencing with section 177616450) of title 8 of the California Code of Regulations. A pre-job conference shall be held with the Contractor and Subcontractors to discuss federal and state labor law requirements applicable to the Project. The Contractor and Subcontractors shall furnish certified payroll reports to CMU on a weekly basis, using either the format prescribed by section 16401 of title 8 of the California Code of Regulations, or using CMU’s electronic certified reporting system (“eCPR”). CMU may require the Contractor and Subcontractors to furnish certified payroll records to verify compliance with Chapter 1, Part 7 of Division 2 of the California Labor Code. CMU may also conduct on-site visits to each Project job site as described by 16451, subd. (d), of title 8 of the California Code of Regulations. Owner shall withhold contract payments when CMU issues Owner a notice to withhold such payments upon a finding by CMU that payroll records are delinquent or inadequate. In addition to withholding contract payments based on delinquent or inadequate payroll records, penalties may be assessed for failure to timely comply with a written request for certified payroll records. Further, upon a finding by CMU that Contractor is liable for unpaid wages or penalties, the Labor Commissioner may issue and serve a Civil Wage and Penalty Assessment. Successful bidder(s) shall include the requirements of Labor Code Sections 1725.5 and 1771.1 in their contract with subcontractors and ensure that all subcontractors are registered with the Department of Industrial Relations, xxx.xxx.xx.xxx/Xxxxxx-Xxxxx at the time of bid opening and maintain registration status for the duration of the Project. The successful bidder(s) and all subcontractors must be in compliance with SB 854 for the duration of the Project.

Appears in 3 contracts

Samples: Agreement Between Owner and Contractor, Agreement Between Owner and Contractor, Agreement Between Owner and Contractor

Prevailing Wages. The applicable Project is a public work, the Work shall be performed as a public work work, and under California Labor section Code sections 1770 et seq., the Director of the California Department of Industrial Relations (“DIR”) has determined the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the work Work is to be performed, for each craft, classification or type of worker needed to execute this Contract. Per diem wages shall be deemed to include employer payments for health and welfare, pension, vacation, apprenticeship or other training programs, and similar purposes. Copies of the rates are on file at the DistrictOwner’s principal office. The rate of prevailing wage for any craft, classification or type of workmanship to be employed on this Project is the rate established by the applicable collective bargaining agreement which rate so provided is hereby adopted by reference and shall be effective for the life of this Agreement or until the Director of the Department of Industrial Relations DIR determines that another rate be adopted. It shall be mandatory upon the Contractor and on any subcontractor to pay not less than the said specified rates to all workers employed in the execution of this Agreement. Contractor shall post on site all required job site notices as prescribed by regulation. The Contractor and any subcontractor under the Contractor as a penalty to the District Owner shall forfeit not more than Two Hundred Dollars ($200.00) for each calendar day or portion thereof for each worker paid less than the stipulated prevailing rates for such work or craft in which such worker is employed. The difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor. Pursuant to Labor Code section 1776, the The Contractor and each subcontractor Subcontractor shall keep or cause to be kept an accurate record for work on this Project showing the names, addresses, social security numbers, work classification, straight time and overtime hours worked and occupations of all laborers, workers and mechanics employed by them in connection with the performance of this Contract or any subcontract thereunder, and showing also the actual per diem wage paid to each of such workers, which records shall be open at all reasonable hours to inspection by the DistrictOwner, its officers and agents and to the representatives of the Division of Labor Standards Enforcement of the State Department of Industrial RelationsDIR. Contractor and all subcontractors shall comply with Labor Code section 1776. In accordance with Labor Code section 1771.4(a)(1), the Project is subject to compliance monitoring and enforcement by the DIR. The Contractor and each subcontractor shall furnish a certified copy of all payroll records directly to the Labor Commissioner on a monthly basis, unless directed by the Owner to furnish such records more often, and in the format prescribed by the Labor Commissioner. As a public work, the Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In order to be qualified to submit a bid or to be listed in a bid proposal subject to the requirements of Public Contract Code section 4104, or enter into, or engage in the performance of any contract of public work (as defined by Division 2, Part 7, Chapter 1 (§§1720 et seq.) of the Labor Code), a contractor or subcontractor must be currently registered and qualified under Labor Code section 1725.5 to perform public work as defined by Division 2, Part 7, Chapter 1 (§§1720 et seq.) of the Labor Code.

Appears in 3 contracts

Samples: Lease Leaseback Agreement, Lease Leaseback Agreement, Lease Leaseback Agreement

Prevailing Wages. The applicable Project is a public work, works project and the Work shall be performed as a public work and under California Labor section Code Section 1770 et seq., the Director of the California Department of Industrial Relations (“DIR”) has determined the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the work is to be performed, for each craft, classification or type of worker needed to execute this Contract. Per diem wages shall be deemed to include employer payments for health and welfare, pension, vacation, apprenticeship or other training programs, and similar purposes. Copies of the rates are on file at the District’s Owner's principal office. The rate of prevailing wage for any craft, classification or type of workmanship to be employed on this Project is the rate established by the applicable collective bargaining agreement which rate so provided is hereby adopted by reference and shall be effective for the life of this Agreement or until the Director of the Department of Industrial Relations determines that another rate be adopted. It shall be mandatory upon the Contractor and on any subcontractor to pay not less than the said specified rates to all workers employed in the execution of this Agreement. Contractor shall post on site all required job site notices as prescribed by regulation. The Contractor and any subcontractor under the Contractor as a penalty to the District Owner shall forfeit not more than Two Hundred Dollars ($200.00) 200.00 for each calendar day or portion thereof for each worker paid less than the stipulated prevailing rates for such work or craft in which such worker is employed. The difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor. Pursuant to Labor Code section 1776, the The Contractor and each subcontractor Subcontractor shall keep or cause to be kept an accurate record for work on this Project showing the names, addresses, social security numbers, work classification, straight time and overtime hours worked and occupations of all laborers, workers and mechanics employed by them in connection with the performance of this Contract or any subcontract thereunder, and showing also the actual per diem wage paid to each of such workers, which records shall be open at all reasonable hours to inspection by the DistrictOwner, its officers and agents and to the representatives of the Division of Labor Standards Enforcement of the State Department of Industrial RelationsDIR. Contractor and all subcontractors shall comply with Labor Code Section 1776. In accordance with Labor Code Section 1771.4(a)(1), the Project is subject to compliance monitoring and enforcement by the DIR. The Contractor and each subcontractor shall furnish a certified copy of all payroll records directly to the Labor Commissioner on a monthly basis, unless directed by the Owner to furnish such records more often, and in the format prescribed by the Labor Commissioner. The Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In order to be qualified to submit a bid or to be listed in a bid proposal subject to the requirements of Public Contract Code section 17764104, or enter into, or engage in the performance of any contract of public work (as defined by Division 2, Part 7, Chapter 1 (§§1720 et seq.) of the Labor Code), a contractor or subcontractor must be currently registered and qualified under Labor Code section 1725.5 to perform such public work.

Appears in 2 contracts

Samples: Lease Leaseback Agreement, Lease Leaseback Agreement

Prevailing Wages. The applicable Project is a public work, the Work shall be performed as a public work and under California Labor section Code pursuant to the provisions of Section 1770 et seq.. of the Labor Code of the State of California, which are hereby incorporated by reference and made a part hereof, the Director of Industrial Relations has determined the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the work is to be performed, for each craft, classification or type of worker needed to execute this Contract. Per diem wages shall be deemed to include employer payments for health and welfare, pension, vacation, apprenticeship or other training programs, and similar purposes. Copies of the rates are on file at the DistrictOwner’s principal office. The rate of prevailing wage for any craft, classification or type of workmanship to be employed on this Project is the rate established by the applicable collective bargaining agreement which rate so provided is hereby adopted by reference and shall be effective for the life of this Agreement or until the Director of the Department of Industrial Relations determines that another rate be adopted. It shall be mandatory upon the Contractor and on any subcontractor to pay not less than the said specified rates to all workers employed in the execution of this Agreement. Contractor shall post on site all required job site notices as prescribed by regulation. The Contractor and any subcontractor under the Contractor as a penalty to the District Owner shall forfeit not more than Two Hundred Dollars ($200.00) for each calendar day or portion thereof for each worker paid less than the stipulated prevailing rates for such work or craft in which such worker is employed. The difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor. Pursuant to Labor Code section 1776, the The Contractor and each subcontractor Subcontractor shall keep or cause to be kept an accurate record for work on this Project showing the names, addresses, social security numbers, work classification, straight time and overtime hours worked and occupations of all laborers, workers and mechanics employed by them in connection with the performance of this Contract or any subcontract thereunder, and showing also the actual per diem wage paid to each of such workers, which records shall be open at all reasonable hours to inspection by the DistrictOwner, its officers and agents and to the representatives of the Division of Labor Standards Law Enforcement of the State Department of Industrial Relations. Contractor and subcontractors Subcontractor shall comply with Labor Code section 1776. The Contractor and each subcontractor shall furnish a certified copy of all payroll records directly to the Labor Commissioner. Public works projects shall be subject to compliance monitoring and enforcement by the Department of Industrial Relations. A contractor or subcontractor shall not be qualified to submit a bid or to be listed in a bid proposal subject to the requirements of Public Contract Code section 4104 unless currently registered and qualified under Labor Code section 1725.5 to perform public work as defined by Division 2, Part 7, Chapter 1 (§§1720 et seq.) of the Labor Code. A contractor or subcontractor shall not be qualified to enter into, or engage in the performance of, any contract of public work (as defined by Division 2, Part 7, Chapter 1 (§§1720 et seq.) of the Labor Code) unless currently registered and qualified under Labor Code section 1725.5 to perform public work.

Appears in 2 contracts

Samples: Agreement Between Owner and Contractor, Agreement Between Owner and Contractor

Prevailing Wages. The applicable Project is a public work, Pursuant to the Work shall be performed as a public work and under California Labor section Code provisions of Section 1770 et seq.. of the Labor Code of the State of California, which are hereby incorporated by reference and made a part hereof, the Director of Industrial Relations has determined the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the work is to be performed, for each craft, classification or type of worker needed to execute this Contract. Per diem wages shall be deemed to include employer payments for health and welfare, pension, vacation, apprenticeship or other training programs, and similar purposes. Copies of the rates are on file at the District’s Owner's principal office. The rate of prevailing wage for any craft, classification or type of workmanship to be employed on this Project is the rate established by the applicable collective bargaining agreement which rate so provided is hereby adopted by reference and shall be effective for the life of this Agreement or until the Director of the Department of Industrial Relations determines that another rate be adopted. It shall be mandatory upon the Contractor and on any subcontractor to pay not less than the said specified rates to all workers employed in the execution of this Agreement. Contractor shall post on site all required job site notices as prescribed by regulation. The Contractor and any subcontractor under the Contractor as a penalty to the District Owner shall forfeit not more than Two Hundred Dollars ($200.00) 50.00 for each calendar day or portion thereof for each worker paid less than the stipulated prevailing rates for such work or craft in which such worker is employed. The difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor. Pursuant to Labor Code section 1776, the The Contractor and each subcontractor Subcontractor shall keep or cause to be kept an accurate record for work on this Project showing the names, addresses, social security numbers, work classification, straight time and overtime hours worked and occupations of all laborers, workers and mechanics employed by them in connection with the performance of this Contract or any subcontract thereunder, and showing also the actual per diem wage paid to each of such workers, which records shall be open at all reasonable hours to inspection by the DistrictOwner, its officers and agents and to the representatives of the Division of Labor Standards Law Enforcement of the State Department of Industrial Relations. Contractor and subcontractors shall comply with Labor Code section 1776.

Appears in 1 contract

Samples: Lease Leaseback Agreement

Prevailing Wages. The applicable Project is a public work, the Work shall be performed as a public work and under California Labor section Code pursuant to the provisions of Section 1770 et seq.. of the Labor Code of the State of California, which are hereby incorporated by reference and made a part hereof, the Director of Industrial Relations has determined the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the work Work is to be performed, for each craft, classification or type of worker needed to execute this Contract. Per diem wages shall be deemed to include employer payments for health and welfare, pension, vacation, apprenticeship or other training programs, and similar purposes. Copies of the rates are on file at the District’s Owner's principal office. The rate of prevailing wage for any craft, classification or type of workmanship to be employed on this Project is the rate established by the applicable collective bargaining agreement which rate so provided is hereby adopted by reference and shall be effective for the life of this Agreement or until the Director of the Department of Industrial Relations determines that another rate be adopted. It shall be mandatory upon the Contractor and on any subcontractor to pay not less than the said specified rates to all workers employed in the execution of this Agreement. Contractor shall post on site all required job site notices as prescribed by regulation. The Contractor and any subcontractor under the Contractor as a penalty to the District Owner shall forfeit not more than Two Hundred Dollars ($200.00) for each calendar day or portion thereof for each worker paid less than the stipulated prevailing rates for such work or craft in which such worker is employed. The difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor. Pursuant to Labor Code section 1776, the The Contractor and each subcontractor Subcontractor shall keep or cause to be kept an accurate record for work Work on this Contract and Project showing the names, addresses, social security numbers, work classification, straight time and overtime hours worked and occupations of all laborers, workers and mechanics employed by them in connection with the performance of this Contract or any subcontract thereunder, and showing also the actual per diem wage paid to each of such workers, which records shall be open at all reasonable hours to inspection by the DistrictOwner, its officers and agents and to the representatives of the Division of Labor Standards Enforcement of the State Department of Industrial Relations. The Contractor and subcontractors each subcontractor shall comply with furnish a certified copy of all payroll records directly to the Labor Commissioner. Public works projects shall be subject to compliance monitoring and enforcement by the Department of Industrial Relations. For all projects over Twenty-Five Thousand Dollars ($25,000), a contractor or subcontractor shall not be qualified to submit a bid or to be listed in a bid proposal subject to the requirements of Public Contract Code section 4104 unless currently registered and qualified under Labor Code section 17761725.5 to perform public work as defined by Division 2, Part 7, Chapter 1 (§§1720 et seq.) of the Labor Code. For all projects over Twenty-Five Thousand Dollars ($25,000), a contractor or subcontractor shall not be qualified to enter into, or engage in the performance of, any contract of public work (as defined by Division 2, Part 7, Chapter 1 (§§1720 et seq.) of the Labor Code) unless currently registered and qualified under Labor Code section 1725.5 to perform public work.

Appears in 1 contract

Samples: go.boarddocs.com

Prevailing Wages. The applicable Project is a public work, Pursuant to the Work shall be performed as a public work and under California Labor section Code provisions of Section 1770 et seq.. of the Labor Code of the State of California, which are hereby incorporated by reference and made a part hereof, the Director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the work is to be performed, for each craft, classification or type of worker needed to execute this Contract. Per diem wages shall be deemed to include employer payments for health and welfare, pension, vacation, apprenticeship or other training programs, and similar purposes. Copies of the rates are on file at the District’s principal Owner office. The rate of prevailing wage for any craft, classification or type of workmanship to be employed on this Project is the rate established by the applicable collective bargaining agreement which rate so provided is hereby adopted by reference and shall be effective for the life of this Agreement or until the Director of the Department of Industrial Relations determines that another rate be adopted. It shall be mandatory upon the Contractor and on any subcontractor to pay not less than the said specified rates to all workers employed in the execution of this Agreement. Contractor shall post on site all required job site notices as prescribed by regulation. The Contractor and any subcontractor under the Contractor as a penalty to the District Owner shall forfeit not more than Two Hundred Dollars ($200.00) for each calendar day or portion thereof for each worker paid less than the stipulated prevailing rates for such work or craft in which such worker is employed. The difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractorcontractor. Pursuant to Labor Code section 1776, the Contractor and each subcontractor shall keep or cause to be kept an accurate record for work on this Project showing the names, addresses, social security numbers, work classification, straight time and overtime hours worked and occupations of all laborers, workers and mechanics employed by them in connection with the performance of this Contract or any subcontract thereunder, and showing also the actual per diem wage paid to each of such workers, which records shall be open at all reasonable hours to inspection by the DistrictOwner, its officers and agents and to the representatives of the Division of Labor Standards Law Enforcement of the State Department of Industrial Relations. Contractor Projects using state bond funds are subject to labor compliance monitoring and subcontractors shall comply investigative activities by the Compliance Monitoring Unit (“CMU”) of the Division of Labor Standards Enforcement, Department of Industrial Relations of the State of California (“DIR”), in conformance with Labor Code sections 1771.55 and 1771.75, and subchapter 4.5 (commencing with section 177616450) of title 8 of the California Code of Regulations. A prejob conference shall be held with the Contractor and Subcontractors to discuss federal and state labor law requirements applicable to the Project. The Contractor and Subcontractors shall furnish certified payroll reports to CMU on a weekly basis, using either the format prescribed by section 16401 of title 8 of the California Code of Regulations, or using CMU’s electronic certified reporting system (“eCPR”). CMU may require the Contractor and Subcontractors to furnish certified payroll reports to CMU using eCPR. CMU shall review, and may confirm or audit payroll records to verify compliance with Chapter 1, Part 7 of Division 2 of the California Labor Code. CMU may also conduct on-site visits to each Project job site at its discretion. Contractor shall display a mandatory poster at the Project job site as described by 16451, subd. (d), of title 8 of the California Code of Regulations. Owner shall withhold contract payments when CMU issues Owner a notice to withhold such payments upon a finding by CMU that payroll records are delinquent or inadequate. In addition to withholding contract payments based on delinquent or inadequate payroll records, penalties may be assessed for failure to timely comply with a written request for certified payroll records. Further, upon a finding by CMU that Contractor is liable for unpaid wages or penalties, the Labor Commissioner may issue and serve a Civil Wage and Penalty Assessment.

Appears in 1 contract

Samples: Agreement Between Owner and Contractor

Prevailing Wages. The applicable Project Contract is a public work, the Work shall be performed as a public work work, and under California Labor Code section Code 1770 et seq., the Director of the California Department of Industrial Relations (“DIR”) has determined the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the work Work is to be performed, for each craft, classification or type of worker needed to execute this Contract. Per diem wages shall be deemed to include employer payments for health and welfare, pension, vacation, apprenticeship or other training programs, and similar purposes. Copies of the rates are on file at the DistrictOwner’s principal office. The rate of prevailing wage for any craft, classification or type of workmanship to be employed on this Project Contract is the rate established by the applicable collective bargaining agreement which rate so provided is hereby adopted by reference and shall be effective for the life of this Agreement or until the Director of the Department of Industrial Relations DIR determines that another rate be adopted. It shall be mandatory upon the Contractor and on any subcontractor to pay not less than the said specified rates to all workers employed in the execution of this Agreement. Contractor shall post on site all required job site notices as prescribed by regulation. The Contractor and any subcontractor under the Contractor as a penalty to the District Owner shall forfeit not more than Two Hundred Dollars ($200.00) for each calendar day or portion thereof for each worker paid less than the stipulated prevailing rates for such work or craft in which such worker is employed. The difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor. Pursuant to Labor Code section 1776, the The Contractor and each subcontractor Subcontractor shall keep or cause to be kept an accurate record for work on this Project Contract showing the names, addresses, social security numbers, work classification, straight time and overtime hours worked and occupations of all laborers, workers and mechanics employed by them in connection with the performance of this Contract or any subcontract thereunder, and showing also the actual per diem wage paid to each of such workers, which records shall be open at all reasonable hours to inspection by the DistrictOwner, its officers and agents and to the representatives of the Division of Labor Standards Enforcement of the State Department of Industrial RelationsDIR. Contractor and all subcontractors shall comply with Labor Code section 1776. In accordance with Labor Code section 1771.4(a)(1), the Contract is subject to compliance monitoring and enforcement by the DIR. The Contractor and each subcontractor shall furnish a certified copy of all payroll records directly to the Labor Commissioner on a monthly basis, unless directed by the Owner to furnish such records more often, and in the format prescribed by the Labor Commissioner. As a public work, the Contract is subject to compliance monitoring and enforcement by the Department of Industrial Relations. For all projects over Twenty-Five Thousand Dollars ($25,000), in order to be qualified to submit a bid or to be listed in a bid proposal subject to the requirements of Public Contract Code section 4104, or enter into, or engage in the performance of any contract of public work (as defined by Division 2, Part 7, Chapter 1 (§§1720 et seq.) of the Labor Code), a contractor or subcontractor must be currently registered and qualified under Labor Code section 1725.5 to perform public work as defined by Division 2, Part 7, Chapter 1 (§§1720 et seq.) of the Labor Code.

Appears in 1 contract

Samples: Lease Leaseback Agreement

Prevailing Wages. The applicable This Project is a subject to applicable prevailing wage requirements, including prevailing wage compliance monitoring and enforcement by the Department of Industrial Relations. “Public Works” Includes Preconstruction, Construction, Post-Construction Work. Under Labor Code 1720(a), “public works” includes all of the following: Construction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part out of public funds. For purposes of this paragraph, “construction” includes work performed during the design, site assessment, feasibility study, and other preconstruction phases of construction, including, but not limited to, inspection and land surveying work, regardless of whether any further construction work is conducted, and work performed during the Work shall be performed as a public post-construction phases of construction, including, but not limited to, all cleanup work at the jobsite. For purposes of this paragraph, “installation” includes, but is not limited to, the assembly and under California disassembly of freestanding and affixed modular office systems. This Project is subject to the requirements of Labor section Code 1770 Section 1720 et seq., the terms of which are incorporated herein by this reference. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations has determined Relations, are on file at xxxx://xxx.xxx.xx.xxx/dlse/dlsePublicWorks.html or in the offices of the Owner and are deemed included in the Bidding Documents. Upon request, Owner will make available copies to any interested party. The successful Bidder shall post the applicable prevailing wage rates at the Site. Contractor shall pay to persons performing labor in and about Work provided for in the Contract Documents an amount equal to or more than the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime (1) work of a similar character in the locality in which the Work is performed and (2) legal holiday and overtime work is in said locality. The per diem wages shall be an amount equal to or more than the stipulated rates contained in a schedule that has been ascertained and determined by the Director of the State Department of Industrial Relations and Owner to be performed, the general prevailing rate of per diem wages for each craft, classification craft or type of worker xxxxxxx or mechanic needed to execute this Contract. Per Contractor shall also cause a copy of this determination of the prevailing rate of per diem wages shall be deemed to include employer payments for health and welfare, pension, vacation, apprenticeship or other training programs, and similar purposes. Copies of the rates are on file at the District’s principal office. The rate of prevailing wage for any craft, classification or type of workmanship to be employed on this Project is the rate established by the applicable collective bargaining agreement which rate so provided is hereby adopted by reference and shall be effective for the life of this Agreement or until the Director of the Department of Industrial Relations determines that another rate be adopted. It shall be mandatory upon the Contractor and on any subcontractor to pay not less than the said specified rates to all workers employed in the execution of this Agreementposted at each Site. Contractor shall post on site all required job site notices as prescribed by regulation. The Contractor and any subcontractor under the Contractor forfeit, as a penalty to the District shall forfeit not more than Owner, Two Hundred Dollars ($200.00) for each calendar day worker employed in performing labor in and about the Work provided for in the Contract Documents for each Day, or portion thereof for each thereof, that such worker is paid less than the said stipulated prevailing rates for such any work done under the Contract Documents by him or craft her or by any Subcontractor under him or her, in which such worker is employedviolation of Articles 1 and 2 of Chapter 1 of Part 7 of Division II of the California Labor Code. The difference between such stipulated prevailing wage rates sums and amounts which shall be forfeited pursuant to this paragraph and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than terms of the stipulated prevailing wage rate Labor Code shall be paid withheld and retained from payments due to each worker by Contractor under the Contractor. Pursuant to Labor Code section 1776Contract Documents, the Contractor and each subcontractor shall keep or cause to be kept an accurate record for work on this Project showing the names, addresses, social security numbers, work classification, straight time and overtime hours worked and occupations of all laborers, workers and mechanics employed by them in connection with the performance of this Contract or any subcontract thereunder, and showing also the actual per diem wage paid to each of such workers, which records but no sum shall be open at all reasonable hours to inspection so withheld, retained or forfeited except from the final payment without a full investigation by the District, its officers and agents and to the representatives of the Division of Labor Standards Enforcement of either the State Department of Industrial RelationsRelations or by Owner. The Labor Commissioner pursuant to Labor Code Section 1775 shall determine the final amount of forfeiture. Contractor shall insert in every subcontract or other arrangement which Contractor may make for performance of work or labor on Work provided for in the Contract, provision that Subcontractor shall pay persons performing labor or rendering service under subcontract or other arrangement not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed in the Labor Code. Contractor stipulates that it shall comply with all applicable wage and hour laws, including without limitation Labor Code Section 1813. Failure to so comply, including without limitation Labor Code Section 1776, shall constitute a default under this Contract. Contractor and subcontractors all Subcontractors shall comply keep accurate payroll records in accordance with Labor Code section Section 1776.. If directed by the Labor Commissioner, Owner will withhold Contract payments when payroll records are delinquent or inadequate. Contractor shall post all jobsite notices if and when prescribed by regulation. The payroll records enumerated above must be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor as required by Labor Code Section 1776.Contractor shall inform Owner of the location of records enumerated above, including the street address, city and county, and shall, within five working Days, provide a notice of a change of location and address. Each contractor and subcontractor shall furnish the records specified in Section 1776 directly to the Labor Commissioner, in the following manner:

Appears in 1 contract

Samples: www.rcdsantacruz.org

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Prevailing Wages. The applicable Project is a public work, the Work shall be performed as a public work work, and under California Labor Code section Code 1770 et seq., the Director of the California Department of Industrial Relations (“DIR”) has determined the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the work Work is to be performed, for each craft, classification or type of worker needed to execute this Contract. Per diem wages shall be deemed to include employer payments for health and welfare, pension, vacation, apprenticeship or other training programs, and similar purposes. Copies of the rates are on file at the DistrictOwner’s principal office. The rate of prevailing wage for any craft, classification or type of workmanship to be employed on this Project is the rate established by the applicable collective bargaining agreement which rate so provided is hereby adopted by reference and shall be effective for the life of this Agreement or until the Director of the Department of Industrial Relations DIR determines that another rate be adopted. It shall be mandatory upon the Contractor and on any subcontractor to pay not less than the said specified rates to all workers employed in the execution of this Agreement. Contractor shall post on site all required job site notices as prescribed by regulation. The Contractor and any subcontractor under the Contractor as a penalty to the District Owner shall forfeit not more than Two Hundred Dollars ($200.00) for each calendar day or portion thereof for each worker paid less than the stipulated prevailing rates for such work or craft in which such worker is employed. The difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor. Pursuant to Labor Code section 1776, the The Contractor and each subcontractor Subcontractor shall keep or cause to be kept an accurate record for work on this Project showing the names, addresses, social security numbers, work classification, straight time and overtime hours worked and occupations of all laborers, workers and mechanics employed by them in connection with the performance of this Contract or any subcontract thereunder, and showing also the actual per diem wage paid to each of such workers, which records shall be open at all reasonable hours to inspection by the DistrictOwner, its officers and agents and to the representatives of the Division of Labor Standards Enforcement of the State Department of Industrial RelationsDIR. Contractor and all subcontractors shall comply with Labor Code section 1776. In accordance with Labor Code section 1771.4(a)(1), the Project is subject to compliance monitoring and enforcement by the DIR. The Contractor and each subcontractor shall furnish a certified copy of all payroll records directly to the Labor Commissioner on a monthly basis, unless directed by the Owner to furnish such records more often, and in the format prescribed by the Labor Commissioner. As a public work, the Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. In order to be qualified to submit a bid or to be listed in a bid proposal subject to the requirements of Public Contract Code section 4104, or enter into, or engage in the performance of any contract of public work (as defined by Division 2, Part 7, Chapter 1 (§§1720 et seq.) of the Labor Code), a contractor or subcontractor must be currently registered and qualified under Labor Code section 1725.5 to perform public work as defined by Division 2, Part 7, Chapter 1 (§§1720 et seq.) of the Labor Code.

Appears in 1 contract

Samples: Lease Leaseback Agreement

Prevailing Wages. The applicable Project is a public work, the Work shall be performed as a public work and under Under California Labor section Code Section 1770 et seq., the Director of Industrial Relations has determined the general prevailing rate of per diem wages and the general prevailing prevail- ing rate for holiday and overtime work in the locality in which the work is to be performed, for each craft, classification or type of worker needed to execute this Contract. Per diem wages shall be deemed to include employer payments for health and welfare, pension, vacation, apprenticeship or other training programs, and similar purposes. Copies of the rates are on file at the District’s Owner's principal office. The rate of prevailing wage for any craft, classification or type of workmanship to be employed on this Project is the rate established estab- lished by the applicable collective bargaining agreement which rate so provided is hereby adopted by reference ref- erence and shall be effective for the life of this Agreement or until the Director of the Department of Industrial Indus- trial Relations determines that another rate be adopted. It shall be mandatory upon the Contractor and on any subcontractor to pay not less than the said specified rates to all workers employed in the execution of this Agreement. Contractor shall post on site all required job site notices as prescribed by regulation. The Contractor and any subcontractor under the Contractor as a penalty to the District Owner shall forfeit not more than Two Hundred Dollars ($200.00) for each calendar day or portion thereof for each worker paid less than the stipulated prevailing rates for such work or craft in which such worker is employed. The difference between be- tween such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor. Pursuant to Labor Code section 1776, the The Contractor and each subcontractor Subcontractor shall keep or cause to be kept an accurate record for work on this Project showing the names, addresses, social security numbers, work classification, straight time and overtime over- time hours worked and occupations of all laborers, workers and mechanics employed by them in connection connec- tion with the performance of this Contract or any subcontract thereunder, and showing also the actual per diem wage paid to each of such workers, which records shall be open at all reasonable hours to inspection by the DistrictOwner, its officers and agents and to the representatives of the Division of Labor Standards Law Enforcement of the State Department of Industrial Relations. Contractor [Addition for state-funded projects, optional otherwise: Projects using state bond funds are subject to la- bor compliance monitoring and subcontractors shall comply investigative activities by the Compliance Monitoring Unit (“CMU”) of the Division of Labor Standards Enforcement, Department of Industrial Relations of the State of California (“DIR”), in conformance with Labor Code sections 1771.3, 1771.5, and 1771.7, and subchapter 4.5 (com- mencing with section 177616450) of Title 8 of the California Code of Regulations. A pre-job conference shall be held with the Contractor and Subcontractors to discuss federal and state labor law requirements applicable to the Project. The Contractor and Subcontractors shall furnish certified payroll reports to CMU on a week- ly basis, using either the format prescribed by section 16401 of Title 8 of the California Code of Regulations, or using CMU’s electronic certified reporting system (“eCPR”). CMU may require the Contractor and Sub- contractors to furnish certified payroll reports to CMU using eCPR. CMU shall review, and may confirm or audit payroll records to verify compliance with Chapter 1, Part 7 of Division 2 of the California Labor Code. CMU may also conduct on-site visits to each Project job site at its discretion. Contractor shall display a mandatory poster at the Project job site as described by 16451, subd. (d), of Title 8 of the California Code of Regulations. Owner shall withhold contract payments when CMU issues Owner a notice to withhold such payments upon a finding by CMU that payroll records are delinquent or inadequate. In addition to withholding contract payments based on delinquent or inadequate payroll records, penalties may be as- sessed for failure to timely comply with a written request for certified payroll records. Further, upon a finding by CMU that Contractor is liable for unpaid wages or penalties, the Labor Commissioner may issue and serve a Civil Wage and Penalty Assessment.]

Appears in 1 contract

Samples: Lease Leaseback Agreement

Prevailing Wages. The applicable Project is a public work, and the Work shall be performed as a public work and under California Labor section Code pursuant to the provisions of Section 1770 et seq.. of the Labor Code of the State of California, which are hereby incorporated by reference and made a part hereof. The Director of the Director Department of Industrial Relations (“DIR”) has determined the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the work is to be performed, for each craft, classification or type of worker needed to execute this Contract. Per diem wages shall be deemed to include employer payments for health and welfare, pension, vacation, apprenticeship or other training programs, and similar purposes. Copies of the rates are on file at the District’s 's principal office. The rate of prevailing wage for any craft, classification or type of workmanship to be employed on this Project is the rate established by the applicable collective bargaining agreement which rate so provided is hereby adopted by reference and shall be effective for the life of this Agreement or until the Director of the Department of Industrial Relations determines that another rate be adopted. It shall be mandatory upon the Contractor and on any subcontractor to pay not less than the said specified rates to all workers employed in the execution of this Agreement. Contractor shall post on site all required job site notices as prescribed by regulation. The Contractor and any subcontractor under the Contractor as a penalty to the District shall forfeit not more than Two Hundred Dollars ($200.00) for each calendar day or portion thereof for each worker paid less than the stipulated prevailing rates for such work or craft in which such worker is employed. The difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor. Pursuant to Labor Code section 1776, the The Contractor and each subcontractor Subcontractor shall keep or cause to be kept an accurate record for work on this Project showing the names, addresses, social security numbers, work classification, straight time and overtime hours worked and occupations of all laborers, workers and mechanics employed by them in connection with the performance of this Contract or any subcontract thereunder, and showing also the actual per diem wage paid to each of such workers, which records shall be open at all reasonable hours to inspection by the District, its officers and agents and to the representatives of the Division of Labor Standards Enforcement of the State Department of Industrial Relations. Contractor This Project is subject to compliance monitoring and subcontractors shall comply enforcement by the DIR in accordance with the provisions of Sections 1725.5, 1771.1, 1771.3, 1771.4, 1771.5, and 1771.7 of the Labor Code. This requirement applies regardless of whether the Project will use State funds. In order to be qualified to submit a bid or to be listed in a bid proposal subject to the requirements of Public Contract Code section 4104, or enter into, or engage in the performance of any contract of public work (as defined by Division 2, Part 7, Chapter 1 (§§1720 et seq.) of the Labor Code), a contractor or subcontractor must be currently registered and qualified under Labor Code section 17761725.5 to perform public work as defined by Division 2, Part 7, Chapter 1 (§§1720 et seq.) of the Labor Code.

Appears in 1 contract

Samples: Construction Agreement

Prevailing Wages. The applicable Project is a public work6. Pursuant to the provisions of Articles 1 and 2 of Chapter 1, Part 7, Division II of the Work shall be performed as a public work Labor Code of the State of California, not less than the general prevailing rate of per diem wages, and under California Labor section Code 1770 et seq., the Director of Industrial Relations has determined not less than the general prevailing rate of per diem wages and the general prevailing rate for holiday holidays and overtime work in the locality in which the work is to be performedwork, for each craft, classification or type of worker needed to execute the work or any part of the work completed under this Contract. Per diem wages Agreement shall be deemed to include employer payments for health and welfare, pension, vacation, apprenticeship or other training programs, and similar purposes. Copies of the rates are on file at the District’s principal office. The rate of prevailing wage for any craft, classification or type of workmanship to be employed on this Project is the rate established by the applicable collective bargaining agreement which rate so provided is hereby adopted by reference and shall be effective for the life of this Agreement or until the Director of the Department of Industrial Relations determines that another rate be adopted. It shall be mandatory upon the Contractor and on any subcontractor to pay not less than the said specified rates paid to all workers workers, laborers and mechanics employed in the execution of said work by Contractor or by any sub-contractor doing or contracting to do any part of the work contemplated by this Agreement. The appropriate determination of the Director of the California Department of Industrial Relations is filed with, and available for inspection, at the office of the District Administrator. Pursuant to Labor Code Section 1775, Contractor shall post on site all required job site notices as prescribed by regulation. The Contractor and any subcontractor under the Contractor forfeit, as a penalty to the District shall forfeit District, an amount of not more than Two Hundred Fifty Dollars ($200.0050.00) for each calendar day day, or portion thereof thereof, for each worker paid less than the stipulated prevailing rates for such any work done pursuant to this Agreement by Contractor or craft in which such worker is employedany subcontractor working under Contractor. The amount of the penalty shall be determined by the Labor Commissioner and shall be based on consideration of the Contractor's mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages, the previous record of the Contractor in meeting his or her prevailing wage obligations, or Contractor's willful failure to pay the correct rate of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Contractor had knowledge of his or her obligations under the Labor Code. In addition to said penalty, the difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor. Pursuant to Labor Code section 1776Contractor shall post, the Contractor and at each subcontractor shall keep or cause to be kept an accurate record for work on this Project showing the namesjob site, addresses, social security numbers, work classification, straight time and overtime hours worked and occupations a copy of all laborers, workers and mechanics employed by them in connection with the performance such prevailing rate of this Contract or any subcontract thereunder, and showing also the actual per diem wage paid to each of such workers, which records shall be open at all reasonable hours to inspection wages as determined by the District, its officers and agents and to the representatives Director of the Division of Labor Standards Enforcement of the State California Department of Industrial Relations. Contractor and subcontractors each subcontractor under Contractor shall keep an accurate payroll record showing name, address, social security number, work classification, straight-time and overtime hours worked each day and week, and the actual per diem wages paid to each person certified in a trade or a craft, for each apprentice, worker, or other employee of Contractor or subcontractor performing a part of the work contemplated by this Agreement. Contractor shall provide or make available for inspection, a certified copy of such payroll records as specified in Section 1776 of the Labor Code of the State of California. Attention is directed to Section 1777.5 of the Labor Code of the State of California concerning the employment of apprentices, and Contractor is required to comply with the provisions of that section. Contractor agrees, in accordance with Section 1771.1 of the California Labor Code, that contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to California Labor Code section 17761725.5. Contractor agrees, in accordance with Section 1771.4 of the California Labor Code, this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Appears in 1 contract

Samples: Agreement

Prevailing Wages. The When applicable, for purposes of this Agreement, CONSULTANT and its subcontractors shall comply with all applicable Project is a public workprevailing wage laws, the Work shall be performed as a public work and under e.g., but not limited to, California Labor section Code Sections 1770 et seq.. In accordance with said Section 1775, the Director of Industrial Relations has determined the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the work is to be performed, for each craft, classification or type of worker needed to execute this Contract. Per diem wages CONSULTANT shall be deemed to include employer payments for health and welfare, pension, vacation, apprenticeship or other training programs, and similar purposes. Copies of the rates are on file at the District’s principal office. The rate of prevailing wage for any craft, classification or type of workmanship to be employed on this Project is the rate established by the applicable collective bargaining agreement which rate so provided is hereby adopted by reference and shall be effective for the life of this Agreement or until the Director of the Department of Industrial Relations determines that another rate be adopted. It shall be mandatory upon the Contractor and on any subcontractor to pay not less than the said specified rates to all workers employed in the execution of this Agreement. Contractor shall post on site all required job site notices as prescribed by regulation. The Contractor and any subcontractor under the Contractor forfeit as a penalty to the District shall forfeit not more than Two Hundred Dollars City two hundred dollars ($200.00200) for each calendar day or portion thereof for each worker paid less than the stipulated prevailing rates for such work or craft in which such worker is employedemployed for any work done on-site under the Agreement by CONSULTANT or by any subcontractor in violation of the provisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. The In addition to said penalty and pursuant to said Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by CONSULTANT or the Contractorapplicable subcontractor. Pursuant to the provisions of California Labor Code Section 1773, the contracting department has identified the source, stated below, of the general prevailing rate of wages applicable to the site to be done, for straight time, overtime, and holiday work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of worker concerned. These wage rates may be obtained from the State Department of Industrial Relations and/or the following website address: xxxx://xxx.xxx.xx.xxx/dlsr/DPreWageDetermination.htm. Pursuant to Labor Code section 1776Section 1773.2, general prevailing wage rates set forth above, which forms a part of this Agreement, shall be posted by CONSULTANT at a prominent place at the Contractor and each subcontractor shall keep or cause work site. Prevailing wage rates to be kept an accurate record for posted at the work on this Project showing site will be furnished by the names, addresses, social security numbers, work classification, straight time and overtime hours worked and occupations contracting department. The possibility of all laborers, workers and mechanics employed wage increases is one of the elements to be considered by them CONSULTANT in connection with the performance of this Contract or any subcontract thereunderdetermining its proposal, and showing also will not under any circumstances be considered as the actual per diem wage paid to each basis of such workers, which records shall be open at all reasonable hours to inspection by a claim against CITY or the District, its officers and agents and to the representatives of the Division of Labor Standards Enforcement of the State Department of Industrial Relations. Contractor and subcontractors shall comply with Labor Code section 1776Agreement.

Appears in 1 contract

Samples: Professional Design Services Agreement

Prevailing Wages. The applicable Project is a public work, Pursuant to the Work shall be performed as a public work and under California Labor section Code provisions of Section 1770 et seq.. of the Labor Code of the State of California, which are hereby incorporated by reference and made a part hereof, the Director of Industrial Relations has determined the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the work Work is to be performed, for each craft, classification or type of worker needed to execute this ContractAgreement. Per diem wages shall be deemed to include employer payments for health and welfare, pension, vacation, apprenticeship or other training programs, and similar purposes. Copies of the rates are on file at the DistrictOwner’s principal office. The rate of prevailing wage for any craft, classification or type of workmanship to be employed on this Project is the rate established by the applicable collective bargaining agreement which rate so provided is hereby adopted by reference and shall be effective for the life of this Agreement or until the Director of the Department of Industrial Relations determines that another rate be adopted. It shall be mandatory upon the Contractor and on any subcontractor to pay not less than the said specified rates to all workers employed in the execution of this Agreement. Contractor shall post on site all required job site notices as prescribed by regulation. The Contractor and any subcontractor under the Contractor as a penalty shall forfeit to the District shall forfeit applicable worker not more than Two Hundred Dollars ($200.00) for each calendar day or portion thereof for each worker paid less than the stipulated prevailing rates for such work or craft in which such worker is employed. The difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor. Pursuant to Labor Code section 1776, the Contractor and each subcontractor Subcontractor shall keep or cause to be kept an accurate record for work Work on this Project showing the names, addresses, social security numbers, work classification, straight time and overtime hours worked and occupations of all laborers, workers and mechanics employed by them in connection with the performance of this Contract Agreement or any subcontract thereunder, and showing also the actual per diem wage paid to each of such workers, which records shall be open at all reasonable hours to inspection by the DistrictOwner, its officers and agents and to the representatives of the Division of Labor Standards Law Enforcement of the State Department of Industrial Relations. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations in accordance with the provisions of Sections 1725.5, 1771.1, 1771.3, 1771.4, 1771.5, and 1771.7 of the Labor Code. This requirement applies regardless of whether the Project will use State funds. Pursuant to Labor Code section 1771.1, a contractor or subcontractor shall not be qualified to propose on, be listed in a proposal (subject to the requirements of Section 4104 of the Public Contract Code), or engage in the performance of any contract for public work, as defined by Division 2, Part 7, Chapter 1 (§§1720 et seq.) of the Labor Code, unless currently registered and qualified to perform public work pursuant to Section 1725.5 of the Labor Code. Contractor shall post all required job site notices pursuant to the Labor Code and subcontractors related regulations. Contractor shall comply with submit records, including those specified in Labor Code section 1776, to the Labor Commissioner as required by Sections 1771.4(a)(3), 1771.4(c)(2), and 1776 of the Labor Code. Owner may withhold $100 for each calendar day after ten days from Contractor’s receipt of a request to produce payroll records (as described in Labor Code §1776(a)) that Contractor fails to produce such records; provided that Owner shall reimburse to Contractor any such amounts withheld upon Owner’s receipt of such records from Contractor.

Appears in 1 contract

Samples: Energy Services Agreement

Prevailing Wages. The applicable Project is a public workPursuant to the provisions of Section 1773 of the California Labor Code, the Work shall be performed as a public work and under California Labor section Code 1770 et seq., the Director of Industrial Relations has determined Department will obtain the general prevailing rate of per diem wages and the general prevailing (which rate for holiday and overtime work in the locality in which the work is to be performed, for each craft, classification or type of worker needed to execute this Contract. Per diem wages shall be deemed to include includes employer payments for health and welfare, pension, vacation, travel time and subsistence pay as provided for in Section 1773.8 of said Code, apprenticeship or other training programsprograms authorized by Section 3093 of said Code, and similar purposes) applicable to the Work, for straight time, overtime, Saturday, Sunday, and holiday work. Copies The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the rates are on file at the District’s principal office. The rate of prevailing wage for any particular craft, classification or type of workmanship worker concerned; provided that if the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the California Government Code. The general prevailing wage rates and any applicable changes to these wage rates are available at the Labor Compliance Office at the offices of the District Director of Transportation for the district in which the Work is situated. General prevailing wage rates and changes thereto are also available from the California Department of Industrial Relations' Internet Web Site at: xxxx://xxx.xxx.xx.xxx. For crafts or classifications not shown on the prevailing wage determinations, Developer may be employed on this Project required to pay the wage rate of the most closely related craft or classification shown in such determinations for Work. If there is a difference between the rate established minimum wage rates predetermined by the applicable collective bargaining agreement which rate so provided is hereby adopted Secretary of Labor and the general prevailing wage rates determined by reference and shall be effective for the life of this Agreement or until the Director of the Department of Industrial Relations determines that another rate be adopted. It (DIR) for similar classifications of labor, Developer shall be mandatory upon the Contractor pay and on any subcontractor cause its Contractors to pay not less than the said specified higher wage rate. The DIR will not accept lower State wage rates to all workers employed that are not specifically included in the execution Federal minimum wage determinations. This includes "helper" (or other classifications based on hours of this Agreementexperience) or any other classification not appearing in the Federal wage determinations. Contractor Where Federal wage determinations do not contain the State wage rate determination that is otherwise available for use by Developer and Contractors, Developer shall post on site all required job site notices as prescribed by regulation. The Contractor pay and any subcontractor under the Contractor as a penalty cause its Contractors to the District shall forfeit pay not more than Two Hundred Dollars ($200.00) for each calendar day or portion thereof for each worker paid less than the stipulated prevailing rates for such work or craft in which such worker is employed. The difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing Federal minimum wage rate shall be paid to each worker by which most closely approximates the Contractorduties of the employees in question. Pursuant to Labor Code section 1776, the Contractor and each subcontractor shall keep or cause to be kept an accurate record for work on this Project showing the names, addresses, social security numbers, work classification, straight time and overtime hours worked and occupations of all laborers, workers and mechanics employed by them in connection with the performance of this Contract or any subcontract thereunder, and showing also the actual per diem wage paid to each of such workers, which records shall be open at all reasonable hours to inspection by the District, its officers and agents and to the representatives of If the Division of Labor Standards Enforcement determines that employees of any Contractor were not paid the general prevailing rate of per diem wages, Developer shall withhold an amount of moneys due the Lead Engineering Firm, Lead Contractor or Lead Operations and Maintenance Firm, as applicable, sufficient to pay those employees the general prevailing rate of per diem wages if requested by the Division of Labor Standards Enforcement. Developer shall pay any money retained from and owed to the Lead Engineering Firm, Lead Contractor or Lead Operations and Maintenance Firm, as applicable, upon receipt of notification by the Division of Labor Standards Enforcement that the wage complaint has been resolved. If notice of the State resolution of the wage complaint has not been received by Developer within 180 days of date the Department issues its notice of Industrial RelationsFinal Acceptance, Developer shall pay all moneys retained from the Lead Engineering Firm, Lead Contractor or Lead Operations and Maintenance Firm, as applicable, to the Department. Contractor and subcontractors These moneys shall comply with be retained by the Department pending the final decision of an enforcement action. Pursuant to Section 1773.2 of the Labor Code section 1776Code, Developer shall post general prevailing wage rates at a prominent place at the Site.

Appears in 1 contract

Samples: Direct Agreement

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