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.

Appears in 2 contracts

Samples: Contract, riovista-ca.granicus.com

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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

Appears in 2 contracts

Samples: CMR Agreement, CMR Agreement

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.

Appears in 1 contract

Samples: Contract

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.

Appears in 1 contract

Samples: Contract

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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

Appears in 1 contract

Samples: Attachment 1

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