Common use of Payment of Prevailing Wages Clause in Contracts

Payment of Prevailing Wages. The work herein is a “public work” within the meaning of Labor Code section 1720, subject to the payment of prevailing wages and Labor Code section 1771. Accordingly, Contractor shall cause all such work to be performed as a public work in compliance with California prevailing wage laws. In the event Contractor fails to do so, Contractor shall be liable for the payment of all penalties, wages and/or damages as required by applicable law. Copies of the prevailing rate of per diem wages are on file at the City’s office and are available upon request or online at xxxx://xxx.xxx.xx.xxx/dlsr. The Contractor shall forfeit as a penalty to the City the amount specified by law for each calendar day or portion thereof for each worker (whether employed by the Contractor or any subcontractor) paid less than the stipulated prevailing rates for any work done under the Contract in violation of the provisions of the Labor Code including, without limitation, Section 1775. The City will not recognize any claims for additional compensation because of the payment of the wages set forth in the Contract. The possibility of wage increases is one of the elements to be considered by the Contractor in determining its proposal, and will not under any circumstances, other than delays caused by the City, the Project Manager, or the City’s agents, be considered as the basis of a claim against the City. The City shall review, including by way of job site inspections, and, if appropriate, audit payroll records to verify compliance with the public works requirements of the Labor Code. Contractor agrees that the Project may be subject to monitoring and enforcement of prevailing wage requirements by the Compliance Monitoring Unit (“CMU”) of the Division of Labor Standards Enforcement as set forth in Chapter 1 of Part 7 of Division 2 of the California Labor Code (commencing at section 1720) and the accompanying regulations at Subchapter 4.5 of Chapter 8 of Division 1 of Title 8 of the California Code of Regulations (commencing at section 16450). The Contractor and each subcontractor performing any portion of the Project shall comply with the CMU Laws, as applicable. The Director of the Department of Industrial Relations of the State of California has determined the general prevailing rate of wages of per diem wages in the locality in which the Project is to be performed for each craft or type of worker needed to execute the Agreement. It shall be mandatory upon the Contractor and upon any subcontractor under the Contractor, to pay not less than the said specified prevailing rates of wages to all workers employed by them under the Agreement. The provisions of Labor Code section 1776 are incorporated herein by reference. If directed by the Labor Commissioner, the City shall withhold payments equal to the payments due or estimated to be due to the Contractor or subcontractors whose payroll records are delinquent or inadequate, plus any additional amount that the Labor Commissioner has reasonable cause to believe may be needed to cover a back wage and penalty assessment against such Contractor or subcontractors. The Contractor shall be required to withhold payments to a subcontractor whose payroll records are delinquent or inadequate until the Labor Commissioner provides notice that the subcontractor has cured such delinquency or deficiency.

Payment of Prevailing Wages. The work herein is a “public work” within CMR and all Subcontractors under the meaning of Labor Code section 1720, subject CMR shall pay all workers on Work performed pursuant to this Agreement not less than the payment of prevailing wages and Labor Code section 1771. Accordingly, Contractor shall cause all such work to be performed as a public work in compliance with California prevailing wage laws. In the event Contractor fails to do so, Contractor shall be liable for the payment of all penalties, wages and/or damages as required by applicable law. Copies of the general prevailing rate of per diem wages are on file at and the City’s office general prevailing rate for holiday and are available upon request or online at xxxx://xxx.xxx.xx.xxx/dlsr. The Contractor shall forfeit overtime work as a penalty to the City the amount specified by law for each calendar day or portion thereof for each worker (whether employed determined by the Contractor or any subcontractor) paid less than the stipulated prevailing rates for any work done under the Contract in violation of the provisions of the Labor Code including, without limitation, Section 1775. The City will not recognize any claims for additional compensation because of the payment of the wages set forth in the Contract. The possibility of wage increases is one of the elements to be considered by the Contractor in determining its proposal, and will not under any circumstances, other than delays caused by the City, the Project Manager, or the City’s agents, be considered as the basis of a claim against the City. The City shall review, including by way of job site inspections, and, if appropriate, audit payroll records to verify compliance with the public works requirements of the Labor Code. Contractor agrees that the Project may be subject to monitoring and enforcement of prevailing wage requirements by the Compliance Monitoring Unit (“CMU”) of the Division of Labor Standards Enforcement as set forth in Chapter 1 of Part 7 of Division 2 of the California Labor Code (commencing at section 1720) and the accompanying regulations at Subchapter 4.5 of Chapter 8 of Division 1 of Title 8 of the California Code of Regulations (commencing at section 16450). The Contractor and each subcontractor performing any portion of the Project shall comply with the CMU Laws, as applicable. The Director of the Department of Industrial Relations of the Relations, State of California has determined California, for the general prevailing rate type of wages of per diem wages in work performed and the locality in which the Project work is to be performed performed, pursuant to sections 1770 et seq. of the California Labor Code. Copies of the general prevailing rates of per diem wages for each craft craft, classification, or type of worker needed to execute the Agreement, as determined by Director of the State of California Department of Industrial Relations, are on file at the Judicial Council’s principal office. It Prevailing wage rates are also available from the Judicial Council or on the internet at (xxxx://xxx.xxx.xx.xxx/oprl/DPreWageDetermination.htm). • CMR shall be mandatory upon comply with the Contractor registration and upon any subcontractor under the Contractor, to pay not less than the said specified prevailing rates of wages to all workers employed by them under the Agreement. The compliance monitoring provisions of Labor Code section 1776 are incorporated herein by reference. If directed by the Labor Commissioner1771.4, the City shall withhold payments equal to the payments due or estimated to be due to the Contractor or subcontractors whose including furnishing its certified payroll records are delinquent or inadequate, plus any additional amount that to the Labor Commissioner has reasonable cause of California and complying with any applicable enforcement by the Department of Industrial Relations. Labor Code section 1771.1(a) states the following: “A contractor or subcontractor shall not be qualified to believe may bid on, be needed listed in a bid proposal, subject to cover 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 back wage violation of this section for an unregistered contractor to submit a bid that is authorized by section 7029.1 of the Business and penalty assessment against such Contractor 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.” • CMR shall, and shall ensure that all “subcontractors” (as defined by Labor Code section 1722.1), comply with Labor Code section 1725.5, including without limitation the registration requirements with the Department of Industrial Relations that are set forth in Labor Code section 1725.5. The Contractor shall be required CMR represents to withhold payments the Judicial Council that all “subcontractors” (as defined by Labor Code section 1722.1) are registered pursuant to a subcontractor whose payroll records are delinquent or inadequate until the Labor Commissioner provides notice that the subcontractor has cured such delinquency or deficiency.Code section

Payment of Prevailing Wages. The work herein 5.14.1 When so required by California law, the Operator agrees that not less than “prevailing wages,” as that term is a “public work” within the meaning of defined in California Labor Code section 1720Sections 1770, subject et seq., shall be paid by the Operator, its contractors, and any sub-contractors to all laborers employed in connection with the Construction or installation of any improvements or Maintenance and Repair related to the payment Garden. The Operator shall maintain and shall cause each of prevailing wages and its contractors to maintain certified payroll records, pursuant to California Labor Code section 1771Section 1776, relative to all work performed relating to the Garden. AccordinglyThe Authority shall have the right, Contractor shall cause but not the obligation, to inspect and copy all such work to be performed as a public work in compliance with California prevailing wage laws. In the event Contractor fails to do so, Contractor shall be liable for the payment of all penalties, wages and/or damages as required by applicable law. Copies of the prevailing rate Operator’s payroll records and the payroll records of per diem wages are on file at each of the CityOperator’s office contractors and are available upon request or online at xxxx://xxx.xxx.xx.xxx/dlsrsubcontractors relating to the Garden. The Contractor Authority shall forfeit as a penalty also have the right to exercise the City the amount specified by law for each calendar day or portion thereof for each worker (whether employed by the Contractor or any subcontractor) paid less than the stipulated prevailing rates for any work done under the Contract remedies provided in violation of the provisions of the Labor Code including, without limitation, Section 1775. The City will not recognize any claims for additional compensation because of the payment of the wages set forth in the Contract. The possibility of wage increases is one of the elements to be considered by the Contractor in determining its proposal, and will not under any circumstances, other than delays caused by the City, the Project Manager, or the City’s agents, be considered as the basis of a claim against the City. The City shall review, including by way of job site inspections, and, if appropriate, audit payroll records to verify compliance with the public works requirements of the Labor Code. Contractor agrees that the Project may be subject to monitoring and enforcement of prevailing wage requirements by the Compliance Monitoring Unit (“CMU”) of the Division of Labor Standards Enforcement as set forth in Chapter 1 of Part 7 of Division 2 of the California Labor Code (commencing Code, in addition to all other remedies available to the Authority at section 1720) and the accompanying regulations at Subchapter 4.5 of Chapter 8 of Division 1 of Title 8 of the California Code of Regulations (commencing at section 16450). The Contractor and each subcontractor performing any portion of the Project shall comply with the CMU Lawslaw, as applicable. The Director of the Department of Industrial Relations of the State of California has determined the general prevailing rate of wages of per diem wages under contract, or in equity, in the locality in which the Project is to be performed for each craft event of a breach or type of worker needed to execute the Agreement. It shall be mandatory upon the Contractor and upon any subcontractor under the Contractor, to pay not less than the said specified prevailing rates of wages to all workers employed by them under the Agreement. The provisions of Labor Code section 1776 are incorporated herein by reference. If directed Default by the Labor CommissionerOperator of its obligations under this Section 5.14. 5.14.2 THE OPERATOR, the City shall withhold payments equal to the payments due or estimated to be due to the Contractor or subcontractors whose payroll records are delinquent or inadequateON BEHALF OF ITSELF, plus any additional amount that the Labor Commissioner has reasonable cause to believe may be needed to cover a back wage and penalty assessment against such Contractor or subcontractorsITS SUCCESSORS, AND ASSIGNS, WAIVES AND RELEASES THE AUTHORITY FROM ANY RIGHT OF ACTION THAT MAY BE AVAILABLE TO ANY OF THEM PURSUANT TO CALIFORNIA LABOR CODE SECTION 1781. The Contractor shall be required to withhold payments to a subcontractor whose payroll records are delinquent or inadequate until the Labor Commissioner provides notice that the subcontractor has cured such delinquency or deficiencyTHE OPERATOR ACKNOWLEDGES THE PROTECTIONS OF CALIFORNIA CIVIL CODE SECTION 1542 RELATIVE TO THE WAIVER AND RELEASE CONTAINED IN THIS SECTION 5.14, WHICH READS AS FOLLOWS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. 5.14.3 BY INITIALING BELOW, THE OPERATOR KNOWINGLY AND VOLUNTARILY WAIVES THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542 SOLELY IN CONNECTION WITH THE WAIVERS AND RELEASES CONTAINED IN THIS SECTION 5.14. 5.14.4 ADDITIONALLY, THE OPERATOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE AUTHORITY, PURSUANT TO THE PROVISIONS OF SECTION 13, AGAINST ANY CLAIMS PURSUANT TO CALIFORNIA LABOR CODE SECTION L781 ARISING FROM THIS AGREEMENT OR THE CONSTRUCTION OR INSTALLATION OF ANY IMPROVEMENTS OR MAINTENANCE AND REPAIR RELATING TO THE GARDEN, UNDERTAKEN BY OR ON BEHALF OF THE OPERATOR.

Payment of Prevailing Wages.  The work herein is a “public work” within CMR and all Subcontractors under the meaning of Labor Code section 1720, subject CMR shall pay all workers on Work performed pursuant to this Agreement not less than the payment of prevailing wages and Labor Code section 1771. Accordingly, Contractor shall cause all such work to be performed as a public work in compliance with California prevailing wage laws. In the event Contractor fails to do so, Contractor shall be liable for the payment of all penalties, wages and/or damages as required by applicable law. Copies of the general prevailing rate of per diem wages are on file at and the City’s office general prevailing rate for holiday and are available upon request or online at xxxx://xxx.xxx.xx.xxx/dlsr. The Contractor shall forfeit overtime work as a penalty to the City the amount specified by law for each calendar day or portion thereof for each worker (whether employed determined by the Contractor or any subcontractor) paid less than the stipulated prevailing rates for any work done under the Contract in violation of the provisions of the Labor Code including, without limitation, Section 1775. The City will not recognize any claims for additional compensation because of the payment of the wages set forth in the Contract. The possibility of wage increases is one of the elements to be considered by the Contractor in determining its proposal, and will not under any circumstances, other than delays caused by the City, the Project Manager, or the City’s agents, be considered as the basis of a claim against the City. The City shall review, including by way of job site inspections, and, if appropriate, audit payroll records to verify compliance with the public works requirements of the Labor Code. Contractor agrees that the Project may be subject to monitoring and enforcement of prevailing wage requirements by the Compliance Monitoring Unit (“CMU”) of the Division of Labor Standards Enforcement as set forth in Chapter 1 of Part 7 of Division 2 of the California Labor Code (commencing at section 1720) and the accompanying regulations at Subchapter 4.5 of Chapter 8 of Division 1 of Title 8 of the California Code of Regulations (commencing at section 16450). The Contractor and each subcontractor performing any portion of the Project shall comply with the CMU Laws, as applicable. The Director of the Department of Industrial Relations of the Relations, State of California has determined California, for the general prevailing rate type of wages of per diem wages in work performed and the locality in which the Project work is to be performed performed, pursuant to sections 1770 et seq. of the California Labor Code. Copies of the general prevailing rates of per diem wages for each craft craft, classification, or type of worker needed to execute the Agreement, as determined by Director of the State of California Department of Industrial Relations, are on file at the Judicial Council’s principal office. It Prevailing wage rates are also available from the Judicial Council or on the internet at (xxxx://xxx.xxx.xx.xxx/oprl/DPreWageDetermination.htm).  CMR shall be mandatory upon comply with the Contractor registration and upon any subcontractor under the Contractor, to pay not less than the said specified prevailing rates of wages to all workers employed by them under the Agreement. The compliance monitoring provisions of Labor Code section 1776 are incorporated herein by reference. If directed by the Labor Commissioner1771.4, the City shall withhold payments equal to the payments due or estimated to be due to the Contractor or subcontractors whose including furnishing its certified payroll records are delinquent or inadequate, plus any additional amount that to the Labor Commissioner has reasonable cause of California and complying with any applicable enforcement by the Department of Industrial Relations. Labor Code section 1771.1(a) states the following: “A contractor or subcontractor shall not be qualified to believe may bid on, be needed listed in a bid proposal, subject to cover 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 back wage violation of this section for an unregistered contractor to submit a bid that is authorized by section 7029.1 of the Business and penalty assessment against such Contractor 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.”  CMR shall, and shall ensure that all “subcontractors” (as defined by Labor Code section 1722.1), comply with Labor Code section 1725.5, including without limitation the registration requirements with the Department of Industrial Relations that are set forth in Labor Code section 1725.5. The Contractor shall be required CMR represents to withhold payments the Judicial Council that all “subcontractors” (as defined by Labor Code section 1722.1) are registered pursuant to a subcontractor whose payroll records are delinquent or inadequate until the Labor Commissioner provides notice that the subcontractor has cured such delinquency or deficiency.Code section

Payment of Prevailing Wages. The work herein is a “Prevailing wages are required to be paid on construction projects of $25,001 or greater; or, repair, remodel or demolition projects that are $15,001 or greater; or, projects that are funded by California State public work” within the meaning of Labor Code section 1720, subject to the works finance bonds or any other source that requires payment of prevailing wages. Prevailing wages and Labor Code section 1771. Accordingly, Contractor shall cause all such work are not required to be performed as a public work in compliance with California prevailing wage laws. In the event Contractor fails paid on construction projects less than or equal to do so$25,000, Contractor shall be liable for the payment of all penaltiesor repair, wages and/or damages as required by applicable lawremodel, or demolition projects less than or equal to $15,000. Copies of the prevailing rate of per diem wages are on file at the City’s office and are available upon request or online at xxxx://xxx.xxx.xx.xxx/dlsr. The Contractor shall forfeit as a penalty to the City the amount specified by law for each calendar day or portion thereof for each worker (whether employed by the Contractor or any subcontractor) paid less than the stipulated prevailing rates for any work done under the Contract in violation of the provisions of the Labor Code including, without limitationand in particular, Section 1775. The City will not recognize any claims for additional compensation because of the payment of the wages set forth in the Contract. The possibility of wage increases is one of the elements to be considered by the Contractor in determining its proposal, and will not under any circumstances, other than delays caused by the City, the Project Manager, or the City’s agents, be considered as the basis of a claim against the City. The City shall review, including by way of job site inspections, and, if appropriate, audit payroll records to verify compliance with the public works requirements of the Labor Code. If prevailing wages are required, Contractor agrees that the Project may be is subject to monitoring and enforcement of prevailing wage requirements by the Compliance Monitoring Unit (“CMU”) of the Division of Labor Standards Enforcement as set forth in Chapter 1 of Part 7 of Division 2 of the California Labor Code (commencing at section 1720) and the accompanying regulations at Subchapter 4.5 of Chapter 8 of Division 1 of Title 8 of the California Code of Regulations (commencing at section 16450). The Contractor and each subcontractor performing any portion of the Project shall comply with the CMU Laws, as applicable. The Director of the Department of Industrial Relations of the State of California has determined the general prevailing rate of wages of per diem wages in the locality in which the Project is to be performed for each craft or type of worker needed to execute the Agreement. Copies of the applicable prevailing wage rate determinations are made available to the Contractor and subcontractor as of the date hereof. The Contractor shall post a copy of this document of the prevailing wages at each job site, along with a CMU Project place poster (available at xxxx://xxx.xxx.xx.xxx/ dlse/cmu/Forms_Publications_-and_Resources.html, the office of the DLSE, or by e-mail to XXX@xxx.xx.xxx), printed on 8 1/2” X 11” paper or larger, in accordance with California Code of Regulations, Title 8, section 16451(d). It shall be mandatory upon the Contractor and upon any subcontractor under the ContractorContractor or her, to pay not less than the said specified prevailing rates of wages to all workers employed by them under the Agreement. If prevailing wages are required, Contractor and subcontractors shall maintain and furnish to the CMU, a certified copy of each weekly payroll (but no less often than monthly), with a statement of compliance signed under penalty of perjury. Such certified payroll reports in PDF form shall be transmitted electronically to the CMU after first registering at https:xxxx.xxx.xx.xxx/xXXX/XXX/xxxxxxxx. If prevailing wages are required, the CMU shall review, including by way of job site inspections, and, if appropriate, audit payroll records to verify compliance with the public works requirements of the Labor Code. The CMU will notify the Contractor or subcontractor(s), as appropriate) of any noncompliance, in order for all such Contractor or subcontractor(s) to correct the noncompliance. The City and Contractor shall cooperate with the CMU and DLSE in any investigation of suspected violations of prevailing wage requirements. The provisions of Labor Code section 1776 are incorporated herein by reference. If As directed by the Labor Commissioner, the City shall withhold payments equal to the payments due or estimated to be due to the Contractor or subcontractors whose payroll records are delinquent or inadequate, plus any additional amount that the Labor Commissioner has reasonable cause to believe may be needed to cover a back wage and penalty assessment against such Contractor or subcontractors. The Contractor shall be required to withhold payments to a subcontractor whose payroll records are delinquent or inadequate until the Labor Commissioner provides notice that the subcontractor has cured such delinquency or deficiency.

Payment of Prevailing Wages. The work herein is a “public work” within the meaning of Labor Code section 1720, subject to the payment of prevailing wages and Labor Code section 1771. Accordingly, Contractor shall cause all such work to be performed as a public work in compliance with California prevailing wage laws. In the event Contractor fails to do so, Contractor shall be liable for the payment of all penalties, wages and/or damages as required by applicable law. Copies of the prevailing rate of per diem wages are on file at the City’s office and are available upon request or online at xxxx://xxx.xxx.xx.xxx/dlsr. xxxx://xxx.xxx.xx.xxx/OPRL/. The Contractor shall forfeit as a penalty to the City the amount specified by law for each calendar day or portion thereof for each worker (whether employed by the Contractor or any subcontractor) paid less than the stipulated prevailing rates for any work done under the Contract in violation of the provisions of the Labor Code including, without limitation, Section 1775. The City will not recognize any claims for additional compensation because of the payment of the wages set forth in the Contract. The possibility of wage increases is one of the elements to be considered by the Contractor in determining its proposal, and will not under any circumstances, other than delays caused by the City, the Project Manager, or the City’s agents, be considered as the basis of a claim against the City. The City shall review, including by way of job site inspections, and, if appropriate, audit payroll records to verify compliance with the public works requirements of the Labor Code. Contractor agrees that the Project may be subject to monitoring and enforcement of prevailing wage requirements by the Compliance Monitoring Unit (“CMU”) Department of the Division of Labor Standards Enforcement as set forth in Chapter 1 of Part 7 of Division 2 of the California Labor Code (commencing at section 1720) and the accompanying regulations at Subchapter 4.5 of Chapter 8 of Division 1 of Title 8 of the California Code of Regulations (commencing at section 16450). The Contractor and each subcontractor performing any portion of the Project shall comply with the CMU Laws, as applicableIndustrial Relations. The Director of the Department of Industrial Relations of the State of California has determined the general prevailing rate of wages of per diem wages in the locality in which the Project is to be performed for each craft or type of worker needed to execute the Agreement. The Contractor shall post a copy of the prevailing wages at each job site, along with a CMU work place poster in accordance with California Code of Regulations, Title 8, section 16451(d). It shall be mandatory upon the Contractor and upon any subcontractor under the Contractor, to pay not less than the said specified prevailing rates of wages to all workers employed by them under the Agreement. The provisions of Labor Code section 1776 are incorporated herein by reference. If directed by the Labor Commissioner, the City shall withhold payments equal to the payments due or estimated to be due to the Contractor or subcontractors whose payroll records are delinquent or inadequate, plus any additional amount that the Labor Commissioner has reasonable cause to believe may be needed to cover a back wage and penalty assessment against such Contractor or subcontractors. The Contractor shall be required to withhold payments to a subcontractor whose payroll records are delinquent or inadequate until the Labor Commissioner provides notice that the subcontractor has cured such delinquency or deficiency.

Payment of Prevailing Wages. The work herein is a “public work” within the meaning of Labor Code section 1720Subhauler shall comply with, subject to the payment of prevailing wages and Labor Code section 1771. Accordinglyas applicable, Contractor shall cause all such work to be performed as a public work in compliance with California federal prevailing wage laws. In law (as per the event Contractor fails to do so, Contractor shall be liable for the payment of all penalties, wages and/or damages as required by applicable law. Copies of the prevailing rate of per diem wages are on file at the City’s office and are available upon request or online at xxxx://xxx.xxx.xx.xxx/dlsr. The Contractor shall forfeit as a penalty to the City the amount specified by law for each calendar day or portion thereof for each worker (whether employed by the Contractor or any subcontractor) paid less than the stipulated prevailing rates for any work done under the Contract in violation of the provisions of the Labor Code including, without limitation, Section 1775. The City will not recognize any claims for additional compensation because of the payment of the wages set forth in the Contract. The possibility of wage increases is one of the elements to be considered by the Contractor in determining its proposal, and will not under any circumstances, other than delays caused by the City, the Project Manager, Xxxxx Xxxxx Act or the City’s agents, be considered as the basis of a claim against the City. The City shall review, including by way of job site inspections, and, if appropriate, audit payroll records to verify compliance with the public works requirements of the Labor Code. Contractor agrees that the Project may be subject to monitoring Service Contract Act and enforcement of related regulations) and/or state prevailing wage requirements by the Compliance Monitoring Unit law (“CMU”) of the Division of Labor Standards Enforcement as set forth in per Chapter 1 of Part 7 of Division 2 of the California Labor Code (Code, commencing at section with Section 1720) , and the accompanying regulations at Subchapter 4.5 of Chapter 8 of Division 1 of Title 8 of the 8, California Code of Regulations Regulations, Chapter 8, Subchapter 3, commencing with Section 16000), for any covered on or off-site hauling performed on federal and/or state prevailing wage projects under this Agreement (commencing at section 16450“covered work”). The Contractor Attached hereto as Exhibit A and incorporated by reference herein are California Labor Code sections 1771, 1775, 1776, 1775.5, 1813, and 1815. Specifically, Xxxxxxxxx agrees to: A. Comply with applicable federal and/or state prevailing wage laws in connection with any covered work performed under this Agreement. For purposes of compliance with the prevailing wage law, the Subhauler shall comply with: state public works contractor registration requirements, as applicable; payment of at least the applicable per diem prevailing wage rates; overtime and working hour requirements; payroll recordkeeping requirements; and other obligations as required by law. B. For all covered work, provide Prime Carrier with completed certified payroll reports in compliance with applicable law and, as applicable, submit electronic certified payroll reports to the California Labor Commissioner pursuant California Labor Code section 1771.4, or submit a completed Statement of Nonperformance certifying that no persons were employed in connection with that project during that time period. Such payroll reports / Statements of Non-performance must be completed on a weekly basis and shall be provided to the Prime Carrier and/or the Labor Commissioner, as applicable as, no later than 5 days following the last day of each subcontractor performing any portion of the Project shall workweek. C. As applicable, comply with the CMU Laws, as applicable. The Director of the Department of Industrial Relations of the State provisions of California Labor Code sections 1775(b) and 1777.7(e) for any subcontractor that Subhauler uses to perform covered work on any state public works project. D. As applicable to work covered by the state prevailing wage law, prior to final payment, sign and provide to Prime Carrier an affidavit pursuant to California Labor Code sections 1775(b)(4) and 1777.7(e)(4) under penalty of perjury in the form provided as Exhibit B certifying that Subhauler has determined paid the general specified prevailing rate of wages of per diem wages in due to its employees on the locality in which the Project is to be performed for each craft or type of worker needed to execute the Agreement. It shall be mandatory upon the Contractor public works project and upon any subcontractor amounts due under the Contractor, to pay not less than the said specified prevailing rates of wages to all workers employed by them under the Agreement. The provisions of Labor Code section 1776 are incorporated herein 1813 and has employed the required number of apprentices on the public works project. E. Defend, indemnify, and hold harmless the Prime Carrier from any expenses, damages or liability arising out of or related to alleged violations of the above-referenced prevailing wage laws caused by referenceXxxxxxxxx’s failure to comply with these provisions. If directed by the Labor CommissionerSuch expenses, the City damages or liability shall withhold payments equal include but not be limited to the payments due or estimated to be due to the Contractor or subcontractors whose payroll records are delinquent or inadequateback wages, plus any additional amount that the Labor Commissioner has reasonable cause to believe may be needed to cover a back wage future wages, fringe benefits, training contributions, forfeitures, losses, liquidated damages, fines, penalties, assessments, and penalty assessment against such Contractor or subcontractors. The Contractor shall be required to withhold payments to a subcontractor whose payroll records are delinquent or inadequate until the Labor Commissioner provides notice that the subcontractor has cured such delinquency or deficiencyattorney’s fees and costs.