Common use of Payments to Subcontractors Clause in Contracts

Payments to Subcontractors. The CONTRACTOR shall pay to his/ her Subcontractors or material suppliers, and each Subcontractor shall pay to his/ her Subcontractor or material supplier, within seven (7) days of receipt of each progress payment, unless otherwise agreed in writing by the parties, the respective amounts allowed the CONTRACTOR or Subcontractor on account of the work performed by his/ her Subcontractors, to the extent of each such Subcontractor’s interest therein, except that no Contract for construction may materially alter the rights of any CONTRACTOR, Subcontractor or material supplier to receive prompt and timely payment as provided under ARS Section 34-221(E). Such payments to Subcontractors or material suppliers shall be based on payments received pursuant to that Section. Any diversion by the CONTRACTOR or Subcontractor or payments for work performed on a Contract, or failure to reasonably account for the application or use of such payments, constitutes grounds for disciplinary action by the Registrar of CONTRACTORs. The Subcontractor or material supplier shall notify the Registrar of Contractors and the TOWN in writing of any payment less than the amount or percentage approved for the class or item of work as set forth in that Section. Nothing herein prevents the CONTRACTOR or Subcontractor, at the time of application and certification to the TOWN or CONTRACTOR, from withholding such application and certification to the TOWN or CONTRACTOR for payment to the Subcontractor or material supplier for unsatisfactory job progress, defective construction work or materials not remedied, disputed work or materials, third-party claims filed or reasonable evidence that a claim will be filed, failure of a Subcontractor to make timely payments for labor, equipment and materials, damage to the CONTRACTOR or another Subcontractor, reasonable evidence that the Subcontract cannot be completed for the unpaid balance of the Subcontract sum, or a reasonable amount for retention that does not exceed the actual percentage retained by the TOWN.

Payments to Subcontractors. The CONTRACTOR shall pay to his/ his/her Subcontractors or material suppliers, and each Subcontractor shall pay to his/ his/her Subcontractor or material supplier, within seven (7) days of receipt of each progress payment, unless otherwise agreed in writing by the parties, the respective amounts allowed the CONTRACTOR or Subcontractor on account of the work performed by his/ his/her Subcontractors, to the extent of each such Subcontractor’s interest therein, except that no Contract for construction may materially alter the rights of any CONTRACTOR, Subcontractor or material supplier to receive prompt and timely payment as provided under ARS Section 34-221(E). Such payments to Subcontractors or material suppliers shall be based on payments received pursuant to that Section. Any diversion by the CONTRACTOR or Subcontractor or payments for work performed on a Contract, or failure to reasonably account for the application or use of such payments, constitutes grounds for disciplinary action by the Registrar of CONTRACTORs. The Subcontractor or material supplier shall notify the Registrar of Contractors and the TOWN in writing of any payment less than the amount or percentage approved for the class or item of work as set forth in that Section. Nothing herein prevents the CONTRACTOR or Subcontractor, at the time of application and certification to the TOWN or CONTRACTOR, from withholding such application and certification to the TOWN or CONTRACTOR for payment to the Subcontractor or material supplier for unsatisfactory job progress, defective construction work or materials not remedied, disputed work or materials, third-party claims filed or reasonable evidence that a claim will be filed, failure of a Subcontractor to make timely payments for labor, equipment and materials, damage to the CONTRACTOR or another Subcontractor, reasonable evidence that the Subcontract cannot be completed for the unpaid balance of the Subcontract sum, or a reasonable amount for retention that does not exceed the actual percentage retained by the TOWN.

Payments to Subcontractors. The CONTRACTOR Each Subcontractor shall pay be paid by Contractor according to his/ her the rate established in the contract between Contractor and Subcontractor, provided that the following requirements are satisfied: (a) Contractor shall deliver to ACTA (as part of the monthly Maintenance Invoice pursuant to Section 5.6.1), (1) an itemized list of all Services actually performed by Subcontractor in the prior calendar month; (2) a copy of the invoice prepared by Subcontractor with respect to such Services; (3) a copy of the certification or affidavit prepared by Subcontractor stating that the work has been performed and completed by Subcontractor and no lien, attachment or claim with respect to the Maintained Facilities has been filed that has not been released or will not be released simultaneously with the payment to Subcontractor; and (4) such additional supporting documentation as reasonably required by ACTA. With respect to Subcontractors or material suppliersthat are paid based on hourly rates, the itemized list required under clause (1) above shall also include the job classification of each worker, the rate assigned to each such job classification, and the number of hours worked by each worker. (b) In the event that Services are transferred to a Subcontractor that were to be performed by the Contractor under the Approved Maintenance Plan, then no Allowed Markup shall apply unless otherwise approved by ACTA. (c) Except as provided in Section 5.6.4(b), in no event shall ACTA be obligated to pay to his/ her Subcontractor or material supplier, within seven (7) days of receipt of each progress paymentfor Services not actually performed by Subcontractor. In addition, unless otherwise agreed approved in writing by the parties, the respective amounts allowed the CONTRACTOR or Subcontractor on account of the work performed by his/ her Subcontractors, to the extent of each such Subcontractor’s interest therein, except that no Contract for construction may materially alter the rights of any CONTRACTOR, Subcontractor or material supplier to receive prompt and timely payment as provided under ARS Section 34-221(E). Such payments to Subcontractors or material suppliers shall be based on payments received ACTA (pursuant to that Section. Any diversion a CTO or otherwise), ACTA shall have no obligation to pay Contractor for any Services performed or Direct Costs incurred by the CONTRACTOR or Subcontractor or payments for work performed on a Contract, or failure to reasonably account for the application or use of such payments, constitutes grounds for disciplinary action by the Registrar of CONTRACTORs. The Subcontractor or material supplier shall notify the Registrar of Contractors and the TOWN in writing of any payment less than the amount or percentage approved for the class or item of work as set forth in that Section. Nothing herein prevents the CONTRACTOR or Subcontractor, at the time of application and certification to the TOWN or CONTRACTOR, from withholding such application and certification to the TOWN or CONTRACTOR for payment to the Subcontractor or material supplier for unsatisfactory job progress, defective construction work or materials not remedied, disputed work or materials, third-party claims filed or reasonable evidence that a claim will be filed, failure of a Subcontractor to make timely payments for labor, equipment and materials, damage to the CONTRACTOR or another Subcontractor, reasonable evidence that the Subcontract cannot be completed for the unpaid balance of the Subcontract sum, or a reasonable amount for retention that does not exceed the actual percentage retained by estimated amount contained in the TOWNApproved Maintenance Plan or for which Contractor fails to provide the supporting documentation required under Section 5.6.1.

Payments to Subcontractors. The CONTRACTOR No later than ten (10) Days after receipt of payment from the AOC, Contractor shall pay to his/ her each Subcontractor, out of the amount paid to the Contractor on account of such Subcontractor’s portion of the Work, the amount to which said Subcontractor is entitled. Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to its subcontractors in a similar manner. Notice to Subcontractors. If the Contractor elects to delay payment of Subcontractors until the AOC has paid the Contractor, the Contractor must provide notification of this to all Subcontractors. Such notification shall be prominently placed in the Contractor’s agreement with the Subcontractor, in all capital letters in bold font. Contractor shall require each Subcontractor to initial the section of the Contractor’s agreement containing this notification. No Obligation of the AOC for Subcontractor Payment. The AOC shall have no obligation to pay, or material to see to the payment of, money to a Subcontractor except as may otherwise be required by law. Joint Checks. The AOC shall have the right in its sole discretion, if necessary for the protection of the AOC, to issue joint checks made payable to the Contractor and Subcontractors and Material or equipment suppliers. The joint check payees shall be responsible for the allocation and disbursement of funds included as part of any such joint payment. In no event shall any joint check payment be construed to create any contract between the AOC and a Subcontractor of any tier, any obligation from the AOC to such Subcontractor, or rights in such Subcontractor against the AOC. Labor, Wage & Hour, Apprentice, and Related Provisions Wage Rates. Pursuant to the provisions of article 2 (commencing at section 1770), chapter 1, part 7, division 2, of the Labor Code of California (“Prevailing Wage Law”), the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which this public work is to be performed for each Subcontractor craft, classification, or type of worker needed to execute this Agreement are on file with OCCM in San Francisco and copies will be made available to any interested party on request. Contractor shall pay obtain and post a copy of these wage rates in accordance with applicable law. Holiday and overtime work, which is subject to his/ her Subcontractor or material supplierthe Prevailing Wage Law when permitted by law, within seven (7) days shall be paid for at a rate of receipt at least one and one-half times the above specified rate of each progress paymentper diem wages, unless otherwise agreed in writing specified. The holidays upon which those rates shall be paid need not be specified by the partiesAOC, but shall be all holidays recognized in the applicable collective bargaining agreement. If the prevailing rate is not based on a collectively bargained rate, the respective amounts allowed holidays upon which the CONTRACTOR or Subcontractor on account prevailing rate shall be paid shall be as provided in Section 6700 of the work performed by his/ her SubcontractorsGovernment Code. Contractor shall pay, or cause to be paid, each worker engaged in Work on any Project, who is subject to the extent of each such Subcontractor’s interest thereinPrevailing Wage Law, except that no Contract for construction may materially alter the rights of any CONTRACTOR, Subcontractor or material supplier to receive prompt and timely payment as provided under ARS Section 34-221(E). Such payments to Subcontractors or material suppliers shall be based on payments received pursuant to that Section. Any diversion by the CONTRACTOR or Subcontractor or payments for work performed on a Contract, or failure to reasonably account for the application or use of such payments, constitutes grounds for disciplinary action by the Registrar of CONTRACTORs. The Subcontractor or material supplier shall notify the Registrar of Contractors and the TOWN in writing of any payment not less than the general prevailing rate of per diem wages determined by the Director of the Department of Industrial Relations (“DIR”) (“Director”), regardless of any contractual relationship which may be alleged to exist between Contractor or any Subcontractor and such workers. Pursuant to Labor Code section 1775, Contractor shall, as a penalty to the AOC, forfeit the amount or percentage approved for the class or item of work as set forth in Labor Code section 1775 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates, determined by the AOC and/or the Director, for the work or craft in which that Sectionworker is employed for any public work done under contract by Contractor or by any Subcontractor under it. Nothing herein prevents The difference between such prevailing wage rates and the CONTRACTOR amount paid to each worker for each calendar day or Subcontractorportion thereof for which each worker was paid less than the prevailing wage rate, at shall be paid to each worker by Contractor. Any worker subject to the Prevailing Wage Law who is employed to perform Work on any Project, where that Work is not covered by a classification listed in the general prevailing wage rate of per diem wages determined by the Director, shall be paid not less than the minimum rate of wages specified therein for the classification which most nearly corresponds to Work to be performed by him, and such minimum wage rate shall be retroactive to time of application initial employment of such person in such classification. Pursuant to Labor Code section 1773.1, per diem wages are deemed to include employer payments for health and certification welfare, pension, vacation, and apprenticeship, training programs or other payments authorized by Labor Code section 3093. Hours of Work. As provided in article 3 (commencing at section 1810), chapter 1, part 7, division 2, of the Labor Code (“Hours of Work Provision”), eight (8) hours of labor shall constitute a legal day’s work. The time of service of any worker, employed at any time by Contractor or by any Subcontractor on any subcontract under this Agreement upon the Work or upon any part of the Work contemplated by this Agreement which is subject to the TOWN or CONTRACTORHours of Work Provision, from withholding such application shall be limited and certification restricted by Contractor to eight (8) hours per day, and forty (40) hours during any one week except as hereinafter provided. Notwithstanding the provisions hereinabove set forth, Work performed by employees of Contractor who are subject to the TOWN Hours of Work Provision, in excess of eight (8) hours per day and forty (40) hours during any one week, shall be permitted upon this public work provided the employee is compensated for all hours worked in excess of eight (8) hours per day or CONTRACTOR for payment forty (40) hours during any one week at not less than one and one-half times the basic rate of pay. Contractor shall keep, and shall cause each Subcontractor to keep, an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by Contractor in connection with the Work or any part of the Work contemplated by this Agreement. The record shall be kept open at all reasonable hours to the inspection of the AOC and to the Division of Labor Standards Enforcement of the DIR. Pursuant to Labor Code section 1813, Contractor shall, as a penalty to the AOC, forfeit the statutory amount for each worker employed in the execution of this Agreement by Contractor or by any Subcontractor for each calendar day during which such worker is required or material supplier permitted to work more than eight (8) hours in any one calendar day or forty (40) hours in any one calendar week in violation of the provisions of article 3 (commencing at section 1810), chapter 1, part 7, division 2, of the Labor Code. Payroll Records Contractor shall maintain all Certified Payroll Records (“CPR”) relating to each Project which shall be available for unsatisfactory job progressinspection at all reasonable hours at Contractor’s principal California office on the following basis: A certified copy of an employee’s CPR shall be made available for inspection or furnished to the employee or his/her authorized representative on request. CPRs shall be made available for inspection or furnished upon request to a representative of the AOC, defective construction work Division of Labor Standards Enforcement, Division of Apprenticeship Standards, and/or the DIR. CPRs shall be made available upon request by the public for inspection or materials not remediedcopies thereof made; provided, disputed work or materialshowever, third-party claims filed or reasonable evidence that a claim will request by the public shall be filedmade through either the State Division of Apprenticeship Standards, failure or the Division of a Subcontractor to make timely payments for labor, equipment and materials, damage Labor Standards Enforcement. If the requested CPRs have not been provided pursuant to the CONTRACTOR provisions herein, the requesting party shall, prior to being provided the records, reimburse the costs of preparation by Contractor, Subcontractors, and the entity through which the request was made. In the event of noncompliance with the requirements of this section, Contractor shall have ten (10) Days within which to comply after written notice of noncompliance. Should noncompliance still be evident after the ten (10) Day period, Contractor shall, as a penalty to AOC, forfeit twenty-five dollars ($25) for each calendar day, or another Subcontractorportion thereof, reasonable evidence for each worker, until strict compliance is effectuated. Upon the request of Division of Apprenticeship Standards or Division of Labor Standards Enforcement, these penalties shall be withheld from any payments then due. CPRs must be traceable to actual payroll records. The Contractor must provide the AOC copies of or access to the actual payroll records upon the AOC’s request. It shall be the responsibility of Contractor to ensure compliance with the provisions of Labor Code section 1776. Apprentices. Contractor acknowledges and agrees that this Agreement is governed by the provisions of Labor Code section 1777.5. Contractor stipulates that it is the responsibility of Contractor to ensure compliance with Labor Code section 1777.5. Contractor shall become fully acquainted with the law regarding apprentices prior to commencement of the Work. Special attention is directed to sections 1777.5, 1777.6, and 1777.7 of the Labor Code, and title 8, California Code of Regulations, section 200 et seq. Questions may be directed to the State Division of Apprenticeship Standards, 000 Xxxxxx Xxxx Xxxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx 00000. Air and Water Pollution Control The Contractor shall comply with all air and water pollution control rules, regulations, ordinances and statutes which apply to the Work. In the absence of any applicable air pollution control rules, regulations, ordinances, or statutes governing solvents, all solvents, including but not limited to, the solvent portions of paints, thinners, curing compounds, and liquid asphalt used on a Project, Contractor shall comply with the applicable material requirements of the Air Quality Management District (AQMD). All containers of solvent, paint, thinner, curing compound, or liquid asphalt shall be labeled to indicate that the Subcontract cancontents fully comply with these requirements. Hazardous Materials Asbestos. Contractor shall not install any asbestos-containing materials or products in any work to be performed under this Agreement without the written consent of the Project Manager. Contractor shall be responsible for removal and replacement costs should this provision be violated. This responsibility shall not be completed for the unpaid balance of the Subcontract sumlimited in duration by Project completion, or a reasonable amount for retention that does not exceed the actual percentage retained by the TOWNother provision of this Agreement.