Common use of Labor Compliance Consulting Services Clause in Contracts

Labor Compliance Consulting Services. Consultant shall provide professional services related to compliance with labor provisions applicable to the District’s project(s). All services shall be provided on an as-needed basis and only upon specific direction from the District. Consultant’s professional services shall extend to consultation related to any and all provisions regarding labor compliance, and shall include, without limitation, the following: 1. Consultant shall receive construction contract awards / work schedules from the District. 2. Consultant shall participate in pre-job conference / job-start meeting(s) and provide all required information regarding the contractor’s and District’s obligations in connection with the District’s project(s), including: a. The contractor’s duty to pay prevailing wage under Labor Code section 1770 et seq. b. The contractor's duty to employ registered apprentices on the public works project under Labor Code section 1777.5. c. The penalties for failure to pay prevailing wages and employ apprentices including forfeitures and debarment under Labor Code sections 1775, 1777.7, and 1813. d. The requirement to keep and submit copies upon request of certified payroll records (“CPR(s)”) under Labor Code section 1776, and penalties for failure to do so under Labor Code section 1776(g). e. The prohibition against employment discrimination under Labor Code section 1777.6, the Government Code, and Title VII of the Civil Rights Act of 1964. f. The prohibition against accepting or extracting kickbacks from employee wages under Labor Code section 1778. g. The prohibition against accepting fees for registering any person for public work under Labor Code section 1779, or for filling work orders on public works under Labor Code section 1780. h. The requirement to list all subcontractors under Public Contract Code section 4100 et seq. i. The requirement that the contractor be properly licensed and require all subcontractors to be properly licensed, and the penalty for employing workers while unlicensed under Labor Code section 1021 and under the California Contractors License Law, Business and Professions Code section 7000 et seq. j. The prohibition against unfair competition under Business and Professions Code sections 17200- 17208. k. The requirement that the contractor be properly insured for Workers Compensation under Labor Code section 1861. l. The requirement that the contractor abide by the occupational, safety, and health laws and regulations that apply to the Project. 3. Once a District project commences, Consultant shall review all certified payroll records (“CPRs”) and ensure that all contractors timely provide CPRs. 4. Consultant shall audit payroll records, when necessary. Audits shall meet the requirements set forth in CCR, Title 8, Subchapter 4, Appendix B. Consultant shall request, in writing, any and all back-up documentation from contractors when required to perform an audit including, without limitation, timecards, cancelled checks, cash receipts, trust fund forms, accounting ledgers, tax forms, daily logs, employee sign-in sheets, and any other record maintained for the purpose of reporting payroll. 5. As part of its review and audit of CPRs, Consultant shall ensure that each contractor is complying with all applicable apprenticeship requirements pursuant to Labor Code section 1777.5. 6. Consultant shall provide its site monitors with work schedules. 7. Consultant’s site monitors shall conduct interviews of workers and Consultant shall maintain interview sheets for each interview. 8. Consultant shall enter information from interviews into its database. 9. Consultant shall verify information from CPRs. 10. Consultant shall notify contractors in writing of any discrepancies with CPRs. 11. If clarification/correction is not timely received from a contractor, Consultant shall commence an investigation. 12. Upon completion of the investigation, the Consultant shall withhold contract payments if appropriate and in accordance with the law. 13. Upon completion of the investigation, Consultant shall send a report and Request for Determination to the Department of Industrial Relations (“DIR”) with recommendations for penalties to be applied to the Contractor. 14. Consultant shall prepare and submit public works violation reports to the DIR and the Labor Commissioner as required. 15. Consultant shall review all findings with the District prior to withholding any monies from a contractor and prior to submitting any information to DIR and/or the Labor Commissioner, including, without limitation, any finding and/or recommendation related to a willful violation and/or debarment. 16. Consultant shall communicate on a regular basis with contractors, workers, building and trade organizations, and other community entities and provide in-services to District personnel. This shall include responding to inquiries, verbal or written, from person or entities regarding the District’s project(s) and compliance with applicable labor provisions related thereto. 17. At the District’s direction and request, Consultant shall cooperate and work with the District during any challenge by any contractor to a finding, determination, withhold, and/or forfeiture, including during any appeal by a contractor. 18. Consultant shall prepare and submit annual program reports to the District’s Superintendent for the District’s submittal to the District’s Governing Board, and to the DIR. 19. Consultant shall manage all facets and is the primary contact for the District’s compliance with labor provisions applicable to the District’s project(s).