Common use of Payroll Records Clause in Contracts

Payroll Records. a. Construction Manager and Subconsultants shall keep accurate certified payroll records and supporting documents as mandated by Section 1776 of the California Labor Code and as defined in Section 16000 of Title 8 of the California Code of Regulations, showing the 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 journeyman, apprentice, worker, or other employee employed by the Construction Manager or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: i. The information contained in the payroll record is true and correct. ii. The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project. b. The payroll records enumerated under subsection (a) above shall be certified as correct by the Construction Manager under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by the Department’s representatives at all reasonable hours at the principal office of the Construction Manager. The Construction Manager shall provide copies of certified payrolls or permit inspection of its records as follows: i. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. ii. A certified copy of all payroll records enumerated in subsection (a) above, shall be made available for inspection or furnished upon request to a representative of Department, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to Department, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the Construction Manager. iii. The public shall not be given access to certified payroll records by the Construction Manager. The Construction Manager is required to forward any requests for certified payrolls to the Department Contract Manager by both facsimile and regular mail on the business day following receipt of the request. c. Construction Manager shall submit a certified copy of the records enumerated in subsection (a) above, to the entity that requested the records within ten (10) days after receipt of a written request. d. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by Department shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address and social security number. The name and address of the Construction Manager awarded the Preconstruction Services Contract or performing the Preconstruction Services Agreement shall not be marked or obliterated. e. The Construction Manager shall inform Department of the location of the records enumerated under subsection (a) above, including the street address, city and county, and shall, within five working days, provide a notice of a change of location and address. f. The Construction Manager or Subconsultant shall have ten (10) days in which to comply subsequent to receipt of written notice requesting the records enumerated in subsection (a) above. In the event the Construction Manager or Subconsultant fails to comply within the ten-day period, he or she shall, as a penalty to Department, forfeit twenty-five dollars ($25.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by Department from payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.

Appears in 7 contracts

Sources: Preconstruction Services Contract, Preconstruction Services Contract, Preconstruction Services Contract

Payroll Records. a. Construction Manager A. Contractor and Subconsultants its Subcontractors shall comply with the following provisions. Contractor shall be responsible for compliance by its Subcontractors. 1) Each Contractor and its Subcontractors shall keep accurate certified payroll records and supporting documents as mandated by Section 1776 of the California Labor Code Section 1776 and as defined in Section 16000 of Title 8 of the California Code of Regulations, showing the 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 journeyman, apprentice, worker, or other employee employed by the Construction Manager Contractor or Subconsultant Subcontractor in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury▇▇▇▇▇▇▇, stating both of the following: i. a) The information contained in the payroll record is true and correct. ii. b) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her all employees on the public works project. b. 2) The payroll records enumerated under subsection described in paragraph (a1) above above, shall be certified as correct by the Construction Manager under penalty of perjurycertified. The certified payrolls and records related to employee wages, fringe benefits, payroll records tax and all supporting documents deductions shall be made available for inspection and copying by the Department’s Caltrans’ representatives at all reasonable hours at the principal office of the Construction ManagerContractor. The Construction Manager Contractor shall provide copies of certified payrolls or permit inspection of its records as follows: i. a) A certified copy of an employee's ’s payroll record shall be made available for inspection or furnished to the employee or the employee's ’s authorized representative on upon request. ii. b) A certified copy of all payroll records enumerated described in subsection paragraph (a1) above, shall be made available for inspection or furnished upon request to a representative of DepartmentCaltrans, the Department of Industrial Relations Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial RelationsStandards. Certified payrolls submitted to DepartmentCaltrans and, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the Construction ManagerContractor. iii. c) The public shall not be given access to certified payroll records by the Construction ManagerContractor. The Construction Manager Contractor is required to forward any requests for certified payrolls to the Department Caltrans Contract Manager by both facsimile email and a hard copy sent by regular mail on the business day following receipt of the request. c. Construction Manager 3) Each Contractor shall submit a certified copy of the records enumerated described in subsection paragraph (a1) above, to the entity that requested the records within ten (10) 10 days after receipt of a written request. d. 4) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by Department Caltrans shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address and social security number. The name and address of the Construction Manager Contractor awarded the Preconstruction Services Contract Agreement or performing the Preconstruction Services Agreement shall not be marked or obliterated. e. The Construction Manager 5) Contractor shall inform Department Caltrans of the location of the records enumerated under subsection described in paragraph (a1) above, including the street address, city city, and county, and shall, within five (5) working days, provide a notice of a change of location and address. f. The Construction Manager or Subconsultant 6) Contractor and any Subcontractor shall have ten (10) 10 days in which to comply subsequent to receipt of written notice requesting the records enumerated in subsection (a) paragraph 1, above. In the event the Construction Manager Contractor or Subconsultant a Subcontractor fails to comply within the ten10-day period, he or she they shall, as a penalty to Department, Caltrans forfeit twenty-five one hundred dollars ($25.00100) for each calendar day, or for any portion thereofof a calendar day, for each worker, until strict compliance is effectuatedachieved. Such penalties shall be withheld by Department Caltrans from payments then when due. A contractor Contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor Subcontractor to comply with this section. B. The penalties specified in paragraph (6) above, for noncompliance with the provisions of said Section 1776 will be deducted from any monies due or which may become due to Contractor. Penalties assessed for failure to submit certified payrolls are forfeitures and not withholdings that will be returned to Contractor. C. Payrolls shall contain the full name, address, and social security number of each employee, the correct work classification (including apprentices, if applicable), rate of pay, daily and weekly number of hours worked, itemized deductions made, and actual wages paid. The payroll shall be accompanied by a "Statement of Compliance" signed by the employer or employer's agent indicating that the payrolls are correct and complete and that the wage rates contained therein are not less than those required by the Agreement. The "Statement of Compliance" shall be on forms furnished by Caltrans or on any form with identical wording. Any payroll that does not include the required “Statement of Compliance” will be deemed inadequate and unacceptable. Contractor shall be responsible for the submission of copies of payrolls of all Subcontractors. D. Contractor and each Subcontractor shall preserve their payroll records for a period of three (3) years from the date of completion of the Agreement. E. Contractor shall submit a certified copy of all payroll records for verification by Caltrans Contract Manager and/or designee with each invoice. When progress payments are called for, Contractor shall submit a certified copy of all payroll records for verification for the work completed to date with each invoice. Delinquent or inadequate certified payrolls or other required documents will result in the withholding of payment until such documents are submitted by Contractor. F. Contractor shall pay any employee actually engaged in the moving and handling of goods being relocated under this Agreement no less than the prevailing wage rate. G. Any subcontract entered into as a result of this Agreement shall contain all the provisions of this

Appears in 6 contracts

Sources: Construction Contract, Construction Contract, Construction Contract

Payroll Records. a. Construction Manager 1. Each CONSULTANT and Subconsultants Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Section 1776 of the California Labor Code §1776 and as defined in Section 8 CCR §16000 of Title 8 of the California Code of Regulations, showing the 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 journeyman, apprentice, worker, or other employee employed by the Construction Manager CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury▇▇▇▇▇▇▇, stating both of the following: i. a. The information contained in the payroll record is true and correct. ii. b. The employer has complied with the requirements of Sections Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project. b. 2. The payroll records enumerated under subsection paragraph (a1) above shall be certified as correct by the Construction Manager CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by the Department’s COUNTY representatives at all reasonable hours at the principal office of the Construction ManagerCONSULTANT. The Construction Manager CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows: i. a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. ii. b. A certified copy of all payroll records enumerated in subsection paragraph (a1) above, shall be made available for inspection or furnished upon request to a representative of DepartmentCOUNTY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to DepartmentCOUNTY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the Construction ManagerCONSULTANT. iii. c. The public shall not be given access to certified payroll records by the Construction ManagerCONSULTANT. The Construction Manager CONSULTANT is required to forward any requests for certified payrolls to the Department COUNTY Contract Manager Administrator by both facsimile email and regular mail on the business day following receipt of the request. c. Construction Manager 3. Each CONSULTANT shall submit a certified copy of the records enumerated in subsection paragraph (a1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request. d. 4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by Department COUNTY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address address, and social security number. The name and address of the Construction Manager awarded the Preconstruction Services Contract CONSULTANT or Subconsultant performing the Preconstruction Services Agreement work shall not be marked or obliterated. e. 5. The Construction Manager CONSULTANT shall inform Department COUNTY of the location of the records enumerated under subsection paragraph (a1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address. f. 6. The Construction Manager CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in subsection paragraph (a1) above. In the event the Construction Manager CONSULTANT or Subconsultant fails to comply within the ten-ten (10) day period, he or she shall, as a penalty to DepartmentCOUNTY, forfeit twenty-five one hundred dollars ($25.00100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by Department COUNTY from payments then due. A contractor CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor Subconsultant to comply with this section.

Appears in 4 contracts

Sources: Professional Services Agreement, Professional Services Agreement, Professional Services Agreement

Payroll Records. a. Construction Manager 1. Each CONSULTANT and Subconsultants Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Section 1776 of the California Labor Code §1776 and as defined in Section 8 CCR §16000 of Title 8 of the California Code of Regulations, showing the 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 journeyman, apprentice, worker, or other employee employed by the Construction Manager CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury▇▇▇▇▇▇▇, stating both of the following: i. a. The information contained in the payroll record is true and correct. ii. b. The employer has complied with the requirements of Sections Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project. b. 2. The payroll records enumerated under subsection paragraph (a1) above shall be certified as correct by the Construction Manager CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by the Department’s LOCAL AGENCY representatives at all reasonable hours at the principal office of the Construction ManagerCONSULTANT. The Construction Manager CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows: i. a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. ii. b. A certified copy of all payroll records enumerated in subsection paragraph (a1) above, shall be made available for inspection or furnished upon request to a representative of DepartmentLOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to DepartmentLOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the Construction ManagerCONSULTANT. iii. c. The public shall not be given access to certified payroll records by the Construction ManagerCONSULTANT. The Construction Manager CONSULTANT is required to forward any requests for certified payrolls to the Department LOCAL AGENCY Contract Manager Administrator by both facsimile email and regular mail on the business day following receipt of the request. c. Construction Manager 3. Each CONSULTANT shall submit a certified copy of the records enumerated in subsection paragraph (a1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request. d. 4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by Department LOCAL AGENCY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address address, and social security number. The name and address of the Construction Manager awarded the Preconstruction Services Contract CONSULTANT or Subconsultant performing the Preconstruction Services Agreement work shall not be marked or obliterated. e. 5. The Construction Manager CONSULTANT shall inform Department LOCAL AGENCY of the location of the records enumerated under subsection paragraph (a1) above, including the street address, city and county, and shall, within five working days, provide a notice of a change of location and address. f. The Construction Manager or Subconsultant shall have ten (10) days in which to comply subsequent to receipt of written notice requesting the records enumerated in subsection (a) above. In the event the Construction Manager or Subconsultant fails to comply within the ten-day period, he or she shall, as a penalty to Department, forfeit twenty-five dollars ($25.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by Department from payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.five

Appears in 3 contracts

Sources: Vendor Agreement for Professional Services, Consultant Agreement, Consultant Agreement

Payroll Records. a. Construction Manager Each CONTRACTOR and Subconsultants Subcontractor shall keep accurate certified payroll records and supporting documents as mandated by Section 1776 of the California Labor Code §1776 and as defined in Section 8 CCR §16000 of Title 8 of the California Code of Regulations, showing the 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 journeyman, apprentice, worker, or other employee employed by the Construction Manager CONTRACTOR or Subconsultant Subcontractor in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury▇▇▇▇▇▇▇, stating both of the following: i. The information contained in the payroll record is true and correct. ii. The employer has complied with the requirements of Sections Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project. b. The payroll records enumerated under subsection paragraph (a1) above shall be certified as correct by the Construction Manager CONTRACTOR under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by the Department’s VCTC representatives at all reasonable hours at the principal office of the Construction ManagerCONTRACTOR. The Construction Manager CONTRACTOR shall provide copies of certified payrolls or permit inspection of its records as follows: i. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. ii. A certified copy of all payroll records enumerated in subsection paragraph (a1) above, shall be made available for inspection or furnished upon request to a representative of DepartmentVCTC, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to DepartmentVCTC, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the Construction ManagerCONTRACTOR. iii. The public shall not be given access to certified payroll records by the Construction ManagerCONTRACTOR. The Construction Manager CONTRACTOR is required to forward any requests for certified payrolls to the Department VCTC Contract Manager Administrator by both facsimile email and regular mail on the business day following receipt of the request. c. Construction Manager Each CONTRACTOR shall submit a certified copy of the records enumerated in subsection paragraph (a1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request. d. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by Department VCTC shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address address, and social security number. The name and address of the Construction Manager awarded the Preconstruction Services Contract CONTRACTOR or Subcontractor performing the Preconstruction Services Agreement work shall not be marked or obliterated. e. The Construction Manager CONTRACTOR shall inform Department VCTC of the location of the records enumerated under subsection paragraph (a1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address. f. The Construction Manager CONTRACTOR or Subconsultant Subcontractor shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in subsection paragraph (a1) above. In the event the Construction Manager CONTRACTOR or Subconsultant Subcontractor fails to comply within the ten-ten (10) day period, he or she shall, as a penalty to DepartmentVCTC, forfeit twenty-five one hundred dollars ($25.00100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by Department VCTC from payments then due. A contractor CONTRACTOR is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor Subcontractor to comply with this section.

Appears in 3 contracts

Sources: Contract Agreement, Emergency Construction Services Agreement, Emergency Construction Services Agreement

Payroll Records. a. Construction Manager 1. Each CONSULTANT and Subconsultants Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Section 1776 of the California Labor Code §1776 and as defined in Section 8 CCR §16000 of Title 8 of the California Code of Regulations, showing the 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 journeyman, apprentice, worker, or other employee employed by the Construction Manager CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury▇▇▇▇▇▇▇, stating both of the following: i. a. The information contained in the payroll record is true and correct. ii. b. The employer has complied with the requirements of Sections Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project. b. 2. The payroll records enumerated under subsection paragraph (a1) above shall be certified as correct by the Construction Manager CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by the Department’s COUNTY representatives at all reasonable hours at the principal office of the Construction ManagerCONSULTANT. The Construction Manager CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows: i. a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. ii. b. A certified copy of all payroll records enumerated in subsection paragraph (a1) above, shall be made available for inspection or furnished upon request to a representative of DepartmentCOUNTY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to DepartmentCOUNTY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the Construction ManagerCONSULTANT. iii. c. The public shall not be given access to certified payroll records by the Construction ManagerCONSULTANT. The Construction Manager CONSULTANT is required to forward any requests for certified payrolls to the Department COUNTY Contract Manager Administrator by both facsimile email and regular mail on the business day following receipt of the request. c. Construction Manager 3. Each CONSULTANT shall submit a certified copy of the records enumerated in subsection paragraph (a1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request. d. 4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by Department COUNTY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address address, and social security number. The name and address of the Construction Manager awarded the Preconstruction Services Contract CONSULTANT or Subconsultant performing the Preconstruction Services Agreement work shall not be marked or obliterated. e. 5. The Construction Manager CONSULTANT shall inform Department COUNTY of the location of the records enumerated under subsection paragraph (a1) above, including the street address, city County and county, and shall, within five (5) working days, provide a notice of a change of location and address. f. 6. The Construction Manager CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in subsection paragraph (a1) above. In the event the Construction Manager CONSULTANT or Subconsultant fails to comply within the ten-ten (10) day period, he or she shall, as a penalty to DepartmentCOUNTY, forfeit twenty-five one hundred dollars ($25.00100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by Department COUNTY from payments then due. A contractor CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor Subconsultant to comply with this section.

Appears in 3 contracts

Sources: Professional Services Agreement, Professional Services Agreement, Professional Services

Payroll Records. a. Construction Manager (i) Each consultant and Subconsultants subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code Section 1776 of the California Labor Code and as defined in Section 16000 of Title 8 of the California Code of Regulations, Regulations Section 16000 showing the 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 journeyman, apprentice, worker, or other employee employed by the Construction Manager consultant or Subconsultant subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: i. (1) The information contained in the payroll record is true and correct. ii. (2) The employer has complied with the requirements of Sections Labor Code Section 1771, Section 1811, and Section 1815 for any work performed by his or her employees on the public works project. b. (ii) The payroll records enumerated under subsection subparagraph (ai) above shall be certified as correct by the Construction Manager CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by the DepartmentALAMEDA CTC’s representatives at all reasonable hours at the principal office of the Construction ManagerCONSULTANT. The Construction Manager CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows: i. (1) A certified copy of an employee's ’s payroll record shall be made available for inspection or furnished to the employee or the employee's ’s authorized representative on upon request. ii. (2) A certified copy of all payroll records enumerated in subsection subparagraph (ai) above, shall be made available for inspection or furnished upon request to a representative of DepartmentALAMEDA CTC, the Division of Labor Standards Enforcement and Enforcement, or the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to DepartmentALAMEDA CTC, the Division of Labor Standards Enforcement and Enforcement, or the Division of Apprenticeship Standards shall not be altered or obliterated by the Construction ManagerCONSULTANT. iii. The public shall not be given access to certified payroll records by the Construction Manager. The Construction Manager (3) CONSULTANT is required to forward any requests for certified payrolls to the Department Contract ALAMEDA CTC Project Manager by both facsimile email and regular mail on the business day following receipt of the request. c. Construction Manager (iii) Each consultant shall submit a certified copy of the records enumerated in subsection subparagraph (ai) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request. d. (iv) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by Department ALAMEDA CTC shall be marked or obliterated in such a manner as to prevent disclosure of each individual's ’s name, address address, and social security number. The name and address of the Construction Manager awarded the Preconstruction Services Contract consultant or subconsultant performing the Preconstruction Services Agreement work shall not be marked or obliterated. The public shall not be given access to certified payroll records by the CONSULTANT. e. The Construction Manager (v) CONSULTANT shall inform Department ALAMEDA CTC of the location of the records enumerated under subsection subparagraph (ai) above, including the street address, city and county, and shall, within five working days, provide a notice of a change of location and address. f. The Construction Manager or Subconsultant shall have ten (10) days in which to comply subsequent to receipt of written notice requesting the records enumerated in subsection (a) above. In the event the Construction Manager or Subconsultant fails to comply within the ten-day period, he or she shall, as a penalty to Department, forfeit twenty-five dollars ($25.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by Department from payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.five

Appears in 3 contracts

Sources: Consulting Agreement, Consulting Agreement, Consulting Agreement

Payroll Records. a. Construction Manager Contractor shall and Subconsultants shall ensure that all Subcontractors keep an accurate certified payroll records and supporting documents as mandated by Section 1776 of the California Labor Code and as defined in Section 16000 of Title 8 of the California Code of Regulations, record showing the namenames, addressaddresses, social security numbernumbers, work classificationclassifications, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Construction Manager or Subconsultant Contractor and/or Subcontractor in connection with the public workWork. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: i. The information contained in the payroll record is true and correct. ii. The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project. b. The payroll Payroll records enumerated under subsection (a) above shall be certified as correct and shall be on forms provided by the Construction Manager under penalty Division of perjuryLabor Standards Enforcement, or shall contain the same information as those forms. The Upon written request by Owner, Contractor's and Subcontractor's certified payroll records and all supporting documents shall be made furnished within 10 days. Contractor's and Subcontractor's certified payroll records shall be available for inspection and copying by the Department’s representatives at all reasonable hours at the principal office of Contractor. Pursuant to Labor Code section 1776, in the Construction Manager. The Construction Manager shall provide copies of certified payrolls or permit inspection of its records as follows: i. A certified copy of an employee's payroll record shall be made available for inspection or furnished event that Contractor fails to comply with the employee or the employee's authorized representative on request. ii. A certified copy of all payroll records enumerated in subsection (a) above, shall be made available for inspection or furnished upon request to a representative of Department, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to Department, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the Construction Manager. iii. The public shall not be given access to certified payroll records by the Construction Manager. The Construction Manager is required to forward any requests for certified payrolls to the Department Contract Manager by both facsimile and regular mail on the business day following receipt of the request. c. Construction Manager shall submit a certified copy of the records enumerated in subsection (a) above, to the entity that requested the records within ten (10) days after receipt of a written request. d. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by Department shall be marked or obliterated day period set forth in such a manner as to prevent disclosure of each individual's namethis section, address and social security number. The name and address of the Construction Manager awarded the Preconstruction Services Contract or performing the Preconstruction Services Agreement shall not be marked or obliterated. e. The Construction Manager shall inform Department of the location of the records enumerated under subsection (a) above, including the street address, city and county, and shall, within five working days, provide a notice of a change of location and address. f. The Construction Manager or Subconsultant shall have ten (10) days in which to comply subsequent to receipt of written notice requesting the records enumerated in subsection (a) above. In the event the Construction Manager or Subconsultant fails to comply within the ten-day period, he or she Contractor shall, as a penalty to DepartmentOwner, forfeit twenty-five dollars ($25.0025) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such Upon the request of Division of Apprenticeship Standards or Division of Labor Standards Enforcement, these penalties shall be withheld by Department from progress payments then due. A contractor is not subject In addition, Contractor agrees that, if requested by a representative of Owner in writing, Contractor shall, within five (5) Days of receipt of the request, provide Owner with electronic or printed copies of payroll records pertaining to any Work provided under this Agreement in a penalty assessment format acceptable to Owner. It shall be the responsibility of Contractor to ensure compliance with the provisions of Labor Code section Labor Code section 1776. Contractor acknowledges that Owner must comply with all applicable laws with respect to public disclosure of documents, including the possible disclosure of payroll records which are submitted to Owner by Contractor pursuant to this section due Agreement and applicable law. Unless otherwise specified in the Service Work Order no construction Work shall be done on Saturdays, Sundays or holidays recognized by the State government and no Work shall be performed outside of Normal Hours Of Work without the prior consent of the Owner’s Project Manager, unless required in the authorized Service Work Order. Normal Working Hours are standard shift work between the hours of 6:00 A.M. – 6:00 P.M., Monday through Friday, excluding State holidays. Whenever Contractor intends to perform overtime work or work on Saturday, Sunday, or a legal holiday recognized by the State, Contractor must request permission by giving written notice to the failure Owner’s Project Manager at least 2 Owner business days prior to performing the Work. Contractor shall receive no additional compensation for any overtime work (i.e., work in excess of: Eight (8) hours in any one Day; forty (40) hours in any one calendar week; or evening, night, legal holidays observed by Owner, or weekend work). If required by the nature of the Work, Contractor must arrange with the Owner for the continuous or periodic inspection of the Work and tests of materials. If such activities are necessary to the Project, a subcontractor plan for such inspection and testing will be included in the SWO for the Work. Should Contractor find it necessary in order to comply with this sectioncomplete the Work according to the Project Schedule to perform certain of Contractor’s operations on Saturdays, Sundays, holidays or during other overtime hours, these operations will be performed as part of the Work included in the Service Work Order Sum and do not constitute a basis for additional compensation. At the Owner’s option Contractor may be required to compensate the Owner for inspection, testing, security, or management costs during Work performed outside of Normal Hours Of Work. Owner has the right and authority to deduct the cost of all such inspections, testing, security, or management costs from any payments due or that become due Contractor. Owner has the right to Order Contractor to perform Work outside Normal Hours of Work. Owner will issue such Order in writing. If the Owner Orders Contractor to perform Work outside Normal Hours Of Work, Contractor must make all arrangements to supply an adequate Work force for the task to be accomplished and will be compensated for the premium portion of the wages paid, plus labor burdens applicable to the premium portion only of the wages paid. Contractor must submit copies of Contractor’s payrolls indicating the premium wages actually paid, and the Owner will issue a Change Order to reimburse Contractor for Contractor’s actual costs only. Owner will pay all extra expense of Owner’s inspection. Contractor must follow any sequence of operations required by an authorized Service Work Order.

Appears in 3 contracts

Sources: Construction Contract, Contract Agreement, Contract Agreement

Payroll Records. a. Construction Manager 1. Each A-E and Subconsultants Subcontractor shall keep accurate certified payroll records and supporting documents as mandated by Section 1776 of the California Labor Code §1776 and as defined in Section 8 CCR §16000 of Title 8 of the California Code of Regulations, showing the 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 journeyman, apprentice, worker, or other employee employed by the Construction Manager A-E or Subconsultant Subcontractor in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: i. a. The information contained in the payroll record is true and correct. ii. b. The employer has complied with the requirements of Sections Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project. b. 2. The payroll records enumerated under subsection paragraph (a1) above shall be certified as correct by the Construction Manager A-E under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by the DepartmentCOUNTY representative’s representatives at all reasonable hours at the principal office of the Construction Manager. A-E. The Construction Manager A-E shall provide copies of certified payrolls or permit inspection of its records as follows: i. a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. ii. b. A certified copy of all payroll records enumerated in subsection paragraph (a1) above, shall be made available for inspection or furnished upon request to a representative of DepartmentCOUNTY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the ofthe Department of Industrial Relations. Certified payrolls submitted to DepartmentCOUNTY, the Division theDivision of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not shallnot be altered or obliterated by the Construction Manager.A-E. iii. c. The public shall not be given access to certified payroll records by the Construction Manager. The Construction Manager is required to forward any requests for certified payrolls to the Department Contract Manager by both facsimile and regular mail on the business day following receipt of the request. c. Construction Manager shall submit a certified copy of the records enumerated in subsection (a) above, to the entity that requested the records within ten (10) days after receipt of a written request. d. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by Department shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address and social security number. The name and address of the Construction Manager awarded the Preconstruction Services Contract or performing the Preconstruction Services Agreement shall not be marked or obliterated. e. The Construction Manager shall inform Department of the location of the records enumerated under subsection (a) above, including the street address, city and county, and shall, within five working days, provide a notice of a change of location and address. f. The Construction Manager or Subconsultant shall have ten (10) days in which to comply subsequent to receipt of written notice requesting the records enumerated in subsection (a) above. In the event the Construction Manager or Subconsultant fails to comply within the ten-day period, he or she shall, as a penalty to Department, forfeit twenty-five dollars ($25.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by Department from payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.A-

Appears in 3 contracts

Sources: Professional Services, Professional Services, Professional Services

Payroll Records. a. Construction Manager Contractor shall and Subconsultants shall ensure that all Subcontractors keep an accurate certified payroll records and supporting documents as mandated by Section 1776 of the California Labor Code and as defined in Section 16000 of Title 8 of the California Code of Regulations, record showing the namenames, addressaddresses, social security numbernumbers, work classificationclassifications, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Construction Manager or Subconsultant Contractor and/or Subcontractor in connection with the public workWork. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: i. The information contained in the payroll record is true and correct. ii. The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project. b. The payroll Payroll records enumerated under subsection (a) above shall be certified as correct and shall be on forms provided by the Construction Manager under penalty Division of perjuryLabor Standards Enforcement, or shall contain the same information as those forms. The Upon written request by Owner, Contractor's and Subcontractor's certified payroll records and all supporting documents shall be made furnished within 10 days. Contractor's and Subcontractor's certified payroll records shall be available for inspection and copying by the Department’s representatives at all reasonable hours at the principal office of Contractor. Pursuant to Labor Code section 1776, in the Construction Manager. The Construction Manager shall provide copies of certified payrolls or permit inspection of its records as follows: i. A certified copy of an employee's payroll record shall be made available for inspection or furnished event that Contractor fails to comply with the employee or the employee's authorized representative on request. ii. A certified copy of all payroll records enumerated in subsection (a) above, shall be made available for inspection or furnished upon request to a representative of Department, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to Department, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the Construction Manager. iii. The public shall not be given access to certified payroll records by the Construction Manager. The Construction Manager is required to forward any requests for certified payrolls to the Department Contract Manager by both facsimile and regular mail on the business day following receipt of the request. c. Construction Manager shall submit a certified copy of the records enumerated in subsection (a) above, to the entity that requested the records within ten (10) days after receipt of a written request. d. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by Department shall be marked or obliterated day period set forth in such a manner as to prevent disclosure of each individual's namethis section, address and social security number. The name and address of the Construction Manager awarded the Preconstruction Services Contract or performing the Preconstruction Services Agreement shall not be marked or obliterated. e. The Construction Manager shall inform Department of the location of the records enumerated under subsection (a) above, including the street address, city and county, and shall, within five working days, provide a notice of a change of location and address. f. The Construction Manager or Subconsultant shall have ten (10) days in which to comply subsequent to receipt of written notice requesting the records enumerated in subsection (a) above. In the event the Construction Manager or Subconsultant fails to comply within the ten-day period, he or she Contractor shall, as a penalty to DepartmentOwner, forfeit twenty-five dollars ($25.0025) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such Upon the request of Division of Apprenticeship Standards or Division of Labor Standards Enforcement, these penalties shall be withheld by Department from progress payments then due. A contractor is not subject In addition, Contractor agrees that, if requested by a representative of Owner in writing, Contractor shall, within five (5) Days of receipt of the request, provide Owner with electronic or printed copies of payroll records pertaining to any Work provided under this Agreement in a penalty assessment format acceptable to Owner. It shall be the responsibility of Contractor to ensure compliance with the provisions of Labor Code section Labor Code section 1776. Contractor acknowledges that Owner must comply with all applicable laws with respect to public disclosure of documents, including the possible disclosure of payroll records which are submitted to Owner by Contractor pursuant to this section due Agreement and applicable law. Unless otherwise specified in the Service Work Order (i) no construction Work shall be done on Saturdays, Sundays or State Holidays and (ii) no Work shall be performed outside of Normal Working Hours without the prior consent of the Owner’s Project Manager. Whenever Contractor intends to perform overtime work or work on Saturday, Sunday, or a State Holiday, Contractor must request permission by giving written notice to the failure Owner’s Project Manager at least 2 Owner business days prior to performing the Work. Contractor shall receive no additional compensation for any overtime work (i.e., work in excess of: eight (8) hours in any one Day; forty (40) hours in any one calendar week; or evening, night, State Holiday, or weekend work). If required by the nature of the Work, Contractor must arrange with the Owner for the continuous or periodic inspection of the Work and tests of materials. If such activities are necessary to the Project, a subcontractor plan for such inspection and testing will be included in the SWO for the Work. Should Contractor find it necessary in order to comply with this sectioncomplete the Work according to the Project Schedule to perform certain of Contractor’s operations on Saturdays, Sundays, State Holidays or during other overtime hours, these operations will be performed as part of the Work included in the Service Work Order Sum and do not constitute a basis for additional compensation. At the Owner’s option Contractor may be required to compensate the Owner for inspection, testing, security, or management costs during Work performed outside of Normal Working Hours. Owner has the right and authority to deduct the cost of all such inspections, testing, security, or management costs from any payments due or that become due Contractor. Owner has the right to Order Contractor to perform Work outside Normal Working Hours. Owner will issue such Order in writing. If the Owner Orders Contractor to perform Work outside Normal Working Hours, Contractor must make all arrangements to supply an adequate Work force for the task to be accomplished and will be compensated for the premium portion of the wages paid, plus labor burdens applicable to the premium portion only of the wages paid. Contractor must submit copies of Contractor’s payrolls indicating the premium wages actually paid, and the Owner will issue a Change Order to reimburse Contractor for Contractor’s actual costs only. Owner will pay all extra expense of Owner’s inspection. Contractor must follow any sequence of operations required by an authorized Service Work Order.

Appears in 2 contracts

Sources: Contract Agreement, Contract Agreement

Payroll Records. a. Construction Manager 1. Each CONSULTANT and Subconsultants subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Section 1776 of the California Labor Code §1776 and as defined in Section 8 CCR §16000 of Title 8 of the California Code of Regulations, showing the 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 journeyman, apprentice, worker, or other employee employed by the Construction Manager CONSULTANT or Subconsultant subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury▇▇▇▇▇▇▇, stating both of the following: i. a. The information contained in the payroll record is true and correct. ii. b. The employer has complied with the requirements of Sections Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project. b. 2. The payroll records enumerated under subsection paragraph (a1) above shall be certified as correct by the Construction Manager CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by the Department’s LOCAL AGENCY representatives at all reasonable hours at the principal office of the Construction ManagerCONSULTANT. The Construction Manager CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows: i. a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. ii. b. A certified copy of all payroll records enumerated in subsection paragraph (a1) above, shall be made available for inspection or furnished upon request to a representative of DepartmentLOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to DepartmentLOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the Construction ManagerCONSULTANT. iii. c. The public shall not be given access to certified payroll records by the Construction ManagerCONSULTANT. The Construction Manager CONSULTANT is required to forward any requests for certified payrolls to the Department LOCAL AGENCY Contract Manager Administrator by both facsimile email and regular mail on the business day following receipt of the request. c. Construction Manager 3. Each CONSULTANT shall submit a certified copy of the records enumerated in subsection paragraph (a1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request. d. 4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by Department LOCAL AGENCY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address address, and social security number. The name and address of the Construction Manager awarded the Preconstruction Services Contract CONSULTANT or subconsultant performing the Preconstruction Services Agreement work shall not be marked or obliterated. e. 5. The Construction Manager CONSULTANT shall inform Department LOCAL AGENCY of the location of the records enumerated under subsection paragraph (a1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address. f. 6. The Construction Manager CONSULTANT or Subconsultant subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in subsection paragraph (a1) above. In the event the Construction Manager CONSULTANT or Subconsultant subconsultant fails to comply within the ten-ten (10) day period, he or she shall, as a penalty to DepartmentLOCAL AGENCY, forfeit twenty-five one hundred dollars ($25.00100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by Department LOCAL AGENCY from payments then due. A contractor CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor subconsultant to comply with this section.

Appears in 2 contracts

Sources: Agreement for Consultant Services, Consultant Services Agreement

Payroll Records. a. Construction Manager and Subconsultants shall keep accurate certified payroll records and supporting documents as mandated by Section 1776 of the California Labor Code and as defined in Section 16000 of Title 8 of the California Code of Regulations, showing the 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 journeyman, apprentice, worker, or other employee employed by the Construction Manager or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: i. The information contained in the payroll record is true and correct. ii. The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project. b. The payroll records enumerated under subsection (a) above shall be certified as correct by the Construction Manager under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by the Department’s representatives at all reasonable hours at the principal office of the Construction Manager. The Construction Manager shall provide copies of certified payrolls or permit inspection of its records as follows: i. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. ii. A certified copy of all payroll records enumerated in subsection (a) above, shall be made available for inspection or furnished upon request to a representative of Department, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to Department, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the Construction Manager. iii. The public shall not be given access to certified payroll records by the Construction Manager. The Construction Manager is required to forward any requests for certified payrolls to the Department Contract Manager by both facsimile and regular mail on the business day following receipt of the request. c. Construction Manager shall submit a certified copy of the records enumerated in subsection (a) above, to the entity that requested the records within ten (10) days after receipt of a written request. d. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by Department shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address and social security number. The name and address of the Construction Manager awarded the Preconstruction Services Contract or performing the Preconstruction Services Agreement shall not be marked or obliterated. e. The Construction Manager shall inform Department of the location of the records enumerated under subsection (a) above, including the street address, city and county, and shall, within five working days, provide a notice of a change of location and address. f. The Construction Manager or Subconsultant shall have ten (10) days in which to comply subsequent to receipt of written notice requesting the records enumerated in subsection (a) above. In the event the Construction Manager or Subconsultant fails to comply within the ten-day period, he or she shall, as a penalty to Department, forfeit twenty-five dollars ($25.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by Department from payments then due. A contractor Construction Manager is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor Subcontractor to comply with this section.

Appears in 2 contracts

Sources: Preconstruction Services Contract, Preconstruction Services Contract

Payroll Records. a. Construction Manager Each CONSULTANT and Subconsultants Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Section 1776 of the California Labor Code §1776 and as defined in Section 8 CCR §16000 of Title 8 of the California Code of Regulations, showing the 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 journeyman, apprentice, worker, or other employee employed by the Construction Manager CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury▇▇▇▇▇▇▇, stating both of the following: i. The information contained in the payroll record is true and correct. ii. The employer has complied with the requirements of Sections Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project. b. The payroll records enumerated under subsection paragraph (a1) above shall be certified as correct by the Construction Manager CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by the Department’s VCTC representatives at all reasonable hours at the principal office of the Construction ManagerCONSULTANT. The Construction Manager CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows: i. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. ii. A certified copy of all payroll records enumerated in subsection paragraph (a1) above, shall be made available for inspection or furnished upon request to a representative of DepartmentVCTC, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to DepartmentVCTC, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the Construction ManagerCONSULTANT. iii. The public shall not be given access to certified payroll records by the Construction ManagerCONSULTANT. The Construction Manager CONSULTANT is required to forward any requests for certified payrolls to the Department VCTC Contract Manager Administrator by both facsimile email and regular mail on the business day following receipt of the request. c. Construction Manager Each CONSULTANT shall submit a certified copy of the records enumerated in subsection paragraph (a1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request. d. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by Department VCTC shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address address, and social security number. The name and address of the Construction Manager awarded the Preconstruction Services Contract CONSULTANT or Subconsultant performing the Preconstruction Services Agreement work shall not be marked or obliterated. e. The Construction Manager CONSULTANT shall inform Department VCTC of the location of the records enumerated under subsection paragraph (a1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address. f. The Construction Manager CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in subsection paragraph (a1) above. In the event the Construction Manager CONSULTANT or Subconsultant fails to comply within the ten-ten (10) day period, he or she shall, as a penalty to DepartmentVCTC, forfeit twenty-five one hundred dollars ($25.00100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by Department VCTC from payments then due. A contractor CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor Subconsultant to comply with this section.

Appears in 2 contracts

Sources: Consulting Agreement, Consulting Agreement

Payroll Records. a. Construction Manager and Subconsultants shall keep accurate certified payroll records and supporting documents as mandated by Section 1776 of the California Labor Code and as defined in Section 16000 of Title 8 of the California Code of Regulations, showing the 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 journeyman, apprentice, worker, or other employee employed by the Construction Manager or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury▇▇▇▇▇▇▇, stating both of the following: i. The information contained in the payroll record is true and correct. ii. The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project. b. The payroll records enumerated under subsection (a) above shall be certified as correct by the Construction Manager under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by the Department’s representatives at all reasonable hours at the principal office of the Construction Manager. The Construction Manager shall provide copies of certified payrolls or permit inspection of its records as follows: i. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. ii. A certified copy of all payroll records enumerated in subsection (a) above, shall be made available for inspection or furnished upon request to a representative of Department, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to Department, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the Construction Manager. iii. The public shall not be given access to certified payroll records by the Construction Manager. The Construction Manager is required to forward any requests for certified payrolls to the Department Contract Manager by both facsimile and regular mail on the business day following receipt of the request. c. Construction Manager shall submit a certified copy of the records enumerated in subsection (a) above, to the entity that requested the records within ten (10) days after receipt of a written request. d. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by Department shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address and social security number. The name and address of the Construction Manager awarded the Preconstruction Services Contract or performing the Preconstruction Services Agreement shall not be marked or obliterated. e. The Construction Manager shall inform Department of the location of the records enumerated under subsection (a) above, including the street address, city and county, and shall, within five working days, provide a notice of a change of location and address. f. The Construction Manager or Subconsultant shall have ten (10) days in which to comply subsequent to receipt of written notice requesting the records enumerated in subsection (a) above. In the event the Construction Manager or Subconsultant fails to comply within the ten-day period, he or she shall, as a penalty to Department, forfeit twenty-five dollars ($25.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by Department from payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.

Appears in 2 contracts

Sources: Preconstruction Services Contract, Preconstruction Services Contract

Payroll Records. a. Construction Manager 1. Each CONSULTANT and Subconsultants Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Section 1776 of the California Labor Code §1776 and as defined in Section 8 CCR §16000 of Title 8 of the California Code of Regulations, showing the 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 journeyman, apprentice, worker, or other employee employed by the Construction Manager CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: i. a. The information contained in the payroll record is true and correct. ii. b. The employer has complied with the requirements of Sections Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project. b. 2. The payroll records enumerated under subsection paragraph (a1) above shall be certified as correct by the Construction Manager CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by the DepartmentLOCAL AGENCY representative’s representatives at all reasonable hours at the principal office of the Construction ManagerCONSULTANT. The Construction Manager CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows: i. a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. ii. b. A certified copy of all payroll records enumerated in subsection paragraph (a1) above, shall be made available for inspection or furnished upon request to a representative of DepartmentLOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to DepartmentLOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the Construction ManagerCONSULTANT. iii. c. The public shall not be given access to certified payroll records by the Construction ManagerCONSULTANT. The Construction Manager CONSULTANT is required to forward any requests for certified payrolls to the Department LOCAL AGENCY Contract Manager Administrator by both facsimile email and regular mail on the business day following receipt of the request. c. Construction Manager 3. Each CONSULTANT shall submit a certified copy of the records enumerated in subsection paragraph (a1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request. d. 4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by Department LOCAL AGENCY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address address, and social security number. The name and address of the Construction Manager awarded the Preconstruction Services Contract CONSULTANT or Subconsultant performing the Preconstruction Services Agreement work shall not be marked or obliterated. e. 5. The Construction Manager CONSULTANT shall inform Department LOCAL AGENCY of the location of the records enumerated under subsection paragraph (a1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address. f. 6. The Construction Manager CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in subsection paragraph (a1) above. In the event the Construction Manager CONSULTANT or Subconsultant fails to comply within the ten-ten (10) day period, he or she shall, as a penalty to DepartmentLOCAL AGENCY, forfeit twenty-five one hundred dollars ($25.00100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by Department LOCAL AGENCY from payments then due. A contractor CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor Subconsultant to comply with this section.

Appears in 2 contracts

Sources: Consultant Agreement, Professional Services

Payroll Records. a. Construction Manager 1. Each CONSULTANT and Subconsultants SUBCONSULTANT shall keep accurate certified payroll records and supporting documents as mandated by Section 1776 of the California Labor Code §1776 and as defined in Section 8 CCR §16000 of Title 8 of the California Code of Regulations, showing the 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 journeyman, apprentice, worker, or other employee employed by the Construction Manager CONSULTANT or Subconsultant SUBCONSULTANT in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury▇▇▇▇▇▇▇, stating both of the following: i. a. The information contained in the payroll record is true and correct. ii. b. The employer has complied with the requirements of Sections Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project. b. 2. The payroll records enumerated under subsection paragraph (a1) above shall be certified as correct by the Construction Manager CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by the Department’s COUNTY representatives at all reasonable hours at the principal office of the Construction ManagerCONSULTANT. The Construction Manager CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows: i. a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. ii. b. A certified copy of all payroll records enumerated in subsection paragraph (a1) above, shall be made available for inspection or furnished upon request to a representative of DepartmentCOUNTY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to DepartmentCOUNTY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the Construction ManagerCONSULTANT. iii. c. The public shall not be given access to certified payroll records by the Construction ManagerCONSULTANT. The Construction Manager CONSULTANT is required to forward any requests for certified payrolls to the Department COUNTY Contract Manager Administrator by both facsimile email and regular mail on the business day following receipt of the request. c. Construction Manager 3. Each CONSULTANT shall submit a certified copy of the records enumerated in subsection paragraph (a1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request. d. 4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by Department COUNTY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address address, and social security number. The name and address of the Construction Manager awarded the Preconstruction Services Contract CONSULTANT or SUBCONSULTANT performing the Preconstruction Services Agreement work shall not be marked or obliterated. e. 5. The Construction Manager CONSULTANT shall inform Department COUNTY of the location of the records enumerated under subsection paragraph (a1) above, including the street address, city COUNTY and countyCOUNTY, and shall, within five (5) working days, provide a notice of a change of location and address. f. 6. The Construction Manager CONSULTANT or Subconsultant SUBCONSULTANT shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in subsection paragraph (a1) above. In the event the Construction Manager CONSULTANT or Subconsultant SUBCONSULTANT fails to comply within the ten-ten (10) day period, he or she shall, as a penalty to DepartmentCOUNTY, forfeit twenty-five one hundred dollars ($25.00100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by Department COUNTY from payments then due. A contractor CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor SUBCONSULTANT to comply with this section.

Appears in 1 contract

Sources: Professional Services

Payroll Records. a. Construction Manager 1. Each CONSULTANT and Subconsultants Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Section 1776 of the California Labor Code §1776 and as defined in Section 8 CCR §16000 of Title 8 of the California Code of Regulations, showing the 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 journeyman, apprentice, worker, or other employee employed by the Construction Manager CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: i. a. The information contained in the payroll record is true and correct. ii. The employer has complied with the requirements b. Theemployer hascomplied withtherequirements of Sections 1771Labor Code§1771, §1811, and 1815 and§1815 for any work performed by his or her employees on the public works project. b. 2. The payroll records enumerated under subsection paragraph (a1) above shall be certified as correct by the Construction Manager CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by the Department’s representatives LOCAL AGENCY representative's at all reasonable hours at the principal office of the Construction ManagerCONSULTANT. The Construction Manager CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows: i. a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. ii. b. A certified copy of all payroll records enumerated in subsection paragraph (a1) above, shall be made available for inspection or furnished upon request to a representative of DepartmentLOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted payrollssubmitted to DepartmentLOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the Construction ManagertheCONSULTANT. iiic. Thepublic shall not begivenaccess to certified payrollrecords bythe CONSULTANT. The public shall not be given access to certified payroll records by the Construction Manager. The Construction Manager CONSULTANT is required to forward any requests for certified payrolls to the Department Contract Manager LOCAL AGENCY by both facsimile email and regular mail on the business day following receipt of the request. c. Construction Manager 3. Each CONSULTANT shall submit a certified copy of the records enumerated in subsection paragraph (a1) above, to the entity that requested the records within ten (10) } calendar days after receipt of a written request. d. 4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by Department LOCAL AGENCY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address address, and social security number. The name and address of the Construction Manager awarded the Preconstruction Services Contract CONSULTANT or Subconsultant performing the Preconstruction Services Agreement work shall not be marked or obliterated. e. 5. The Construction Manager CONSULTANT shall inform Department LOCAL AGENCY of the location of the records enumerated under subsection paragraph (a1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and addressandaddress. f. 6. The Construction Manager CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in subsection paragraph (a1) above. In the event the Construction Manager CONSULTANT or Subconsultant fails to comply within the ten-ten (10} day period, he or she shall, as a penalty to DepartmentLOCAL AGENCY, forfeit twenty-five one hundred dollars ($25.00) 100} for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by Department LOCAL AGENCY from payments then due. A contractor CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor Subconsultant to comply with this sectionthissection.

Appears in 1 contract

Sources: Vendor Agreement

Payroll Records. a. Construction Manager 1. Each Consultant and Subconsultants sub-consultant shall keep accurate certified payroll records and supporting documents as mandated by Section 1776 of the California Labor Code §1776 and as defined in Section 8 CCR §16000 of Title 8 of the California Code of Regulations, showing the 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 journeyman, apprentice, worker, or other employee employed by the Construction Manager Consultant or Subconsultant subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: i. The information contained in the payroll record is true and correct. ii. The employer has complied with the requirements of Sections Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project. b. 2. The payroll records enumerated under subsection (a) Section 17.d.1 above shall be certified as correct by the Construction Manager Consultant under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by the DepartmentCity representative’s representatives at all reasonable hours at the principal office of the Construction ManagerConsultant. The Construction Manager Consultant shall provide copies of certified payrolls or permit inspection of its records as follows: i. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. ii. A certified copy of all payroll records enumerated in subsection (a) Section 17.d.1 above, shall be made available for inspection or furnished upon request to a representative of DepartmentCity, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to DepartmentCity, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the Construction ManagerConsultant. iii. The public shall not be given access to certified payroll records by the Construction ManagerConsultant. The Construction Manager Consultant is required to forward any requests for certified payrolls to the Department City Contract Manager Administrator by both facsimile email and regular mail on the business day following receipt of the request. c. Construction Manager 3. Each Consultant shall submit a certified copy of the records enumerated in subsection (a) Section 17.d.1 above, to the entity that requested the records within ten (10) calendar days after receipt of a written request. d. 4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by Department City shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address address, and social security number. The name and address of the Construction Manager awarded the Preconstruction Services Contract Consultant or subconsultant performing the Preconstruction Services Agreement work shall not be marked or obliterated. e. 5. The Construction Manager Consultant shall inform Department City of the location of the records enumerated under subsection (a) Section 17.d.1 above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address. f. 6. The Construction Manager Consultant or Subconsultant subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in subsection (a) Section 17.d.1 above. In the event the Construction Manager Consultant or Subconsultant subconsultant fails to comply within the ten-ten (10) day period, he or she shall, as a penalty to DepartmentCity, forfeit twenty-five one hundred dollars ($25.00100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by Department City from payments then due. A contractor Consultant is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor subconsultant to comply with this section.

Appears in 1 contract

Sources: Professional Services

Payroll Records. a. Construction Manager Each CONSULTANT and Subconsultants Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Section 1776 of the California Labor Code §1776 and as defined in Section 8 CCR §16000 of Title 8 of the California Code of Regulations, showing the 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 journeyman, apprentice, worker, or other employee employed by the Construction Manager CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury▇▇▇▇▇▇▇, stating both of the following: i. : The information contained in the payroll record is true and correct. ii. The employer has complied with the requirements of Sections Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project. b. . The payroll records enumerated under subsection paragraph (a1) above shall be certified as correct by the Construction Manager CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by the DepartmentLOCAL AGENCY representative’s representatives at all reasonable hours at the principal office of the Construction ManagerCONSULTANT. The Construction Manager CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows: i. : A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. ii. A certified copy of all payroll records enumerated in subsection paragraph (a1) above, shall be made available for inspection or furnished upon request to a representative of DepartmentLOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to DepartmentLOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the Construction Manager. iiiCONSULTANT. The public shall not be given access to certified payroll records by the Construction ManagerCONSULTANT. The Construction Manager CONSULTANT is required to forward any requests for certified payrolls to the Department LOCAL AGENCY Contract Manager Administrator by both facsimile email and regular mail on the business day following receipt of the request. c. Construction Manager . Each CONSULTANT shall submit a certified copy of the records enumerated in subsection paragraph (a1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request. d. . Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by Department LOCAL AGENCY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address address, and social security number. The name and address of the Construction Manager awarded the Preconstruction Services Contract CONSULTANT or Subconsultant performing the Preconstruction Services Agreement work shall not be marked or obliterated. e. . The Construction Manager CONSULTANT shall inform Department LOCAL AGENCY of the location of the records enumerated under subsection paragraph (a1) above, including the street address, city and county, and shall, within five working days, provide a notice of a change of location and address. f. The Construction Manager or Subconsultant shall have ten (10) days in which to comply subsequent to receipt of written notice requesting the records enumerated in subsection (a) above. In the event the Construction Manager or Subconsultant fails to comply within the ten-day period, he or she shall, as a penalty to Department, forfeit twenty-five dollars ($25.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by Department from payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.five

Appears in 1 contract

Sources: Traffic Engineering Services Agreement

Payroll Records. a. Construction Manager A. The Contractor and Subconsultants each Subcontractor shall comply with the following provisions. The Contractor shall be responsible for compliance by its Subcontractors. 1) Each Contractor and Subcontractor shall keep accurate certified payroll records and supporting documents as mandated by Section 1776 of the California Labor Code (LC) and as defined in Section 16000 of Title 8 of the California Code of Regulations, showing the 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 journeyman, apprentice, worker, or other employee employed by the Construction Manager Contractor or Subconsultant Subcontractor in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury▇▇▇▇▇▇▇, stating both of the following: i. a) The information contained in the payroll record is true and correct. ii. b) The employer has complied with the requirements of LABOR CODE Sections 1771, 1811, and 1815 for any work performed by his or her its employees on the public works project. b. 2) The payroll records enumerated under subsection paragraph (a1) above shall be certified as correct by the Construction Manager under penalty of perjurycertified. The certified payrolls and records related to employee wages, fringe benefits, payroll records tax and all supporting documents deductions shall be made available for inspection and copying by the Department’s representatives Caltrans representative at all reasonable hours at the Contractor’s principal office of the Construction Manageroffice. The Construction Manager Certified payrolls shall provide copies of certified payrolls or permit inspection of its records be made available as follows: i. a) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. ii. b) A certified copy of all payroll records enumerated in subsection paragraph (a1) above, shall be made available for inspection or furnished upon request to a representative of DepartmentCaltrans, the Division of Labor Standards Enforcement Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to DepartmentCaltrans, the Division of Labor Standards Enforcement Enforcement, and the Division of Apprenticeship Standards shall not be altered or obliterated by the Construction ManagerContractor. iii. c) The public shall not be given access to certified payroll records by the Construction ManagerContractor. The Construction Manager Contractor is required to forward any requests for certified payrolls to the Department Caltrans Contract Manager by both facsimile and regular mail on the business day following receipt of the request. c. Construction Manager 3) Each Contractor shall submit a certified copy of the records enumerated in subsection paragraph (a1) above, to the entity that requested the records within ten (10) days after receipt of a written request. d. 4) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by Department Caltrans shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address and social security number. The name and address of the Construction Manager Contractor awarded the Preconstruction Services Contract Agreement or performing the Preconstruction Services Agreement shall not be marked or obliterated. e. 5) The Construction Manager Contractor shall inform Department ▇▇▇▇▇▇▇▇ of the location of the records enumerated under subsection paragraph (a1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address. f. 6) The Construction Manager Contractor or Subconsultant Subcontractor shall have ten (10) days in which to comply subsequent to receipt of written notice requesting the records enumerated in subsection paragraph (a1) above. In the event the Construction Manager Contractor or Subconsultant Subcontractor fails to comply within the ten-day period, he or she it shall, as a penalty to DepartmentCaltrans, forfeit twenty-five one hundred dollars ($25.00100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by Department Caltrans from payments then due. A contractor Contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor Subcontractor to comply with this section. B. The penalties specified in paragraph 6 above for noncompliance with the provisions of said LABOR CODE Section 1776 will be deducted from any monies due or which may become due to the Contractor. Penalties assessed for failure to submit certified payrolls are forfeitures and not retentions that will be returned to the Contractor. C. Payrolls shall contain the full name, address and social security number of each employee, the correct work classification (including apprentices, if applicable), rate of pay, daily and weekly number of hours worked, itemized deductions made and actual wages paid. The employee's address and social security number need only appear on the first payroll on which his name appears. The payroll shall be accompanied by a "Statement of Compliance" signed by the employer or employer's agent indicating that the payrolls are correct and complete and that the wage rates contained therein are not less than those required by the Agreement. The "Statement of Compliance" shall be on forms furnished by Caltrans or on any form with identical wording. Any payroll that does not include the required “Statement of Compliance” will be deemed inadequate and unacceptable. The Contractor shall be responsible for the submission of copies of payrolls of all Subcontractors. D. The Contractor and each Subcontractor shall preserve their payroll records for a period of three (3) years from the date of completion of the Agreement. E. The Contractor shall submit a certified copy of all payroll records for verification by the Caltrans Contract Manager and/or designee with each invoice. When progress payments are called for, the Contractor shall submit a certified copy of all payroll records for verification for the work completed to date with each invoice. Delinquent or inadequate certified payrolls or other required documents will result in the withholding of payment until such documents are submitted by the Contractor. F. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this clause.

Appears in 1 contract

Sources: Invitation for Bid (Ifb)

Payroll Records. a. Construction Manager A. The Contractor and Subconsultants its Subcontractors shall comply with the following provisions. The Contractor shall be responsible for compliance by Subcontractors of any tier. 1) The Contractor and its Subcontractors shall keep accurate certified payroll records and supporting documents as mandated by Section 1776 of the California Labor Code and as defined in Section 16000 of Title 8 of the California Code of Regulations, showing the 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 journeyman, apprentice, worker, or other employee employed by the Construction Manager Contractor or Subconsultant Subcontractor in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury▇▇▇▇▇▇▇, stating both of the following: i. a) The information contained in the payroll record is true and correct. ii. b) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her all employees on the public works project. b. 2) The payroll records enumerated under subsection described in paragraph (a1) above shall be certified as correct by the Construction Manager under penalty of perjurycertified. The certified payrolls and records related to employee wages, fringe benefits, payroll records tax and all supporting documents deductions shall be made available for inspection and copying by the Department’s Caltrans’ representatives at all reasonable hours at the principal office of the Construction ManagerContractor. The Construction Manager Contractor shall provide copies of certified payrolls or permit inspection of its records as follows: i. a) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on upon request. ii. b) A certified copy of all payroll records enumerated described in subsection paragraph (a1) above, shall be made available for inspection or furnished upon request to a representative of DepartmentCaltrans, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to Department, Caltrans and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the Construction ManagerContractor. iii. 3) The public shall not be given access to certified payroll records by the Construction ManagerContractor. The Construction Manager Contractor is required to forward any requests for certified payrolls to the Department Caltrans Contract Manager by both facsimile and regular mail on the business day following receipt of the request. c. Construction Manager 4) Each Contractor shall submit a certified copy of the records enumerated described in subsection paragraph (a1) above, to the entity that requested the records within ten (10) 10 days after receipt of a written request. d. 5) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by Department Caltrans shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address and social security number. The name and address of the Construction Manager Contractor awarded the Preconstruction Services Contract Agreement or performing the Preconstruction Services Agreement shall not be marked or obliterated. e. 6) The Construction Manager Contractor shall inform Department ▇▇▇▇▇▇▇▇ of the location of the records enumerated under subsection described in paragraph (a1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address. f. 7) The Construction Manager or Subconsultant Contractor and any Subcontractor shall have ten (10) days in which to comply subsequent to receipt of written notice requesting the records enumerated in subsection paragraph (a1) above. In the event the Construction Manager Contractor or Subconsultant a Subcontractor fails to comply within the ten-day period, he or she they shall, as a penalty to Department, Caltrans forfeit twenty-five one hundred dollars ($25.00100) for each calendar day, or for any portion thereofof a calendar day, for each worker, until strict compliance is effectuatedachieved. Such penalties shall be withheld by Department Caltrans from payments then when due. A contractor The Contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor Subcontractor to comply with this section. B. The penalties specified in paragraph (7) above for noncompliance with the provisions of said Section 1776 will be deducted from any monies due or which may become due to the Contractor. Penalties assessed for failure to submit certified payrolls are forfeitures and not withholdings that will be returned to the Contractor. C. Payrolls shall contain the full name, address, and social security number of each employee, the correct work classification (including apprentices, if applicable), rate of pay, daily and weekly number of hours worked, itemized deductions made, and actual wages paid. The payroll shall be accompanied by a "Statement of Compliance" signed by the employer or employer's agent indicating that the payrolls are correct and complete and that the wage rates contained therein are not less than those required by the Agreement. The "Statement of Compliance" shall be on forms furnished by Caltrans or on any form with identical wording. Any payroll that does not include the required “Statement of Compliance” will be deemed inadequate and unacceptable. The Contractor shall be responsible for the submission of copies of payrolls of all Subcontractors. D. The Contractor and each Subcontractor shall preserve their payroll records for a period of three (3) years from the date of completion of the Agreement. E. The Contractor shall submit a certified copy of all payroll records for verification by the Caltrans Contract Manager and/or Designee with each invoice. Delinquent or inadequate certified payrolls or other required documents will result in the withholding of payment until such documents are submitted by the Contractor. F. The Contractor shall pay any employee actually engaged in the moving and handling of goods being relocated under this Agreement no less than the prevailing wage rate. G. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this Section 14.

Appears in 1 contract

Sources: Construction Contract

Payroll Records. a. Construction Manager 1. Each CONSULTANT and Subconsultants Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Section 1776 of the California Labor Code §1776 and as defined in Section 8 CCR §16000 of Title 8 of the California Code of Regulations, showing the 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 journeyman, apprentice, worker, or other employee employed by the Construction Manager CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: i. a. The information contained in the payroll record is true and correct. ii. b. The employer has complied with the requirements withtherequirements of Sections 1771, 1811Labor Code §1771,§1811, and §1815 for any work performed by his or her employees on the public works project. b. 2. The payroll records enumerated under subsection paragraph (a1) above shall be certified as correct by the Construction Manager CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by the Department’s representatives LOCAL AGENCY representative's at all reasonable hours at the principal office of the Construction ManagerCONSULTANT. The Construction Manager CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows: i. A certified a. Acertified copy of an employeeanemployee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. ii. b. A certified copy of all payroll records enumerated in subsection paragraph (a1) above, shall be made available for inspection or furnished upon request to a representative of DepartmentLOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial RelationsIndustrialRelations. Certified payrolls submitted to Department, LOCALAGENCY,the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the Construction ManagerCONSULTANT. iii. c. The public shall not be given access to certified payroll records by the Construction ManagerCONSULTANT. The Construction Manager CONSULTANT is required to forward any requests for certified payrolls to the Department Contract Manager LOCAL AGENCY by both facsimile email and regular mail on the business day following receipt of the request. c. Construction Manager 3. Each CONSULTANT shall submit a certified copy of the records enumerated in subsection paragraph (a1) above, to the entity that requested the records within ten (10) } calendar days after receipt of a written request. d. 4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by Department LOCAL AGENCY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address address, and social security number. The name and address of the Construction Manager awarded the Preconstruction Services Contract CONSULTANT or Subconsultant performing the Preconstruction Services Agreement work shall not be marked or obliterated. e. 5. The Construction Manager CONSULTANT shall inform Department LOCAL AGENCY of the location of the records enumerated under subsection paragraph (a1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and addressandaddress. f. 6. The Construction Manager CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in subsection paragraph (a1) above. In the event the Construction Manager CONSULTANT or Subconsultant fails to comply within the ten-ten (10} day period, he or she shall, as a penalty to DepartmentLOCAL AGENCY, forfeit twenty-five one hundred dollars ($25.00) 100} for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by Department LOCAL AGENCY from payments then due. A contractor CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor Subconsultant to comply with this section.

Appears in 1 contract

Sources: Vendor Agreement

Payroll Records. a. Construction Manager and Subconsultants shall keep accurate certified payroll records and supporting documents as mandated by Section 1776 of the California Labor Code and as defined in Section 16000 of Title 8 of the California Code of Regulations, showing the 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 journeyman, apprentice, worker, or other employee employed by the Construction Manager or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: i. The information contained in the payroll record is true and correct. ii. The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project. b. The payroll records enumerated under subsection (a) above shall be certified as correct by the Construction Manager under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by the Department’s Department representatives at all reasonable hours at the principal office of the Construction Manager. The Construction Manager shall provide copies of certified payrolls or permit inspection of its records as follows: i. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. ii. A certified copy of all payroll records enumerated in subsection (a) above, shall be made available for inspection or furnished upon request to a representative of Department, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to Department, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the Construction Manager. iii. The public shall not be given access to certified payroll records by the Construction Manager. The Construction Manager is required to forward any requests for certified payrolls to the Department Contract Manager by both facsimile and regular mail on the business day following receipt of the request. c. Construction Manager shall submit a certified copy of the records enumerated in subsection (a) above, to the entity that requested the records within ten (10) days after receipt of a written request. d. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by Department shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address and social security number. The name and address of the Construction Manager awarded the Preconstruction Services Contract or performing the Preconstruction Services Agreement shall not be marked or obliterated. e. The Construction Manager shall inform Department of the location of the records enumerated under subsection (a) above, including the street address, city and county, and shall, within five working days, provide a notice of a change of location and address. f. The Construction Manager or Subconsultant shall have ten (10) days in which to comply subsequent to receipt of written notice requesting the records enumerated in subsection (a) above. In the event the Construction Manager or Subconsultant fails to comply within the ten-day period, he or she shall, as a penalty to Department, forfeit twenty-five dollars ($25.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by Department from payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.

Appears in 1 contract

Sources: Preconstruction Services Contract

Payroll Records. a. Construction Manager 1. Each CONSULTANT and Subconsultants Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Section 1776 of the California Labor Code §1776 and as defined in Section 8 CCR §16000 of Title 8 of the California Code of Regulations, showing the 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 journeyman, apprentice, worker, or other employee employed by the Construction Manager CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury▇▇▇▇▇▇▇, stating both of the following: i. a. The information contained in the payroll record is true and correct. ii. b. The employer has complied with the requirements of Sections Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project. b. 2. The payroll records enumerated under subsection paragraph (a1) above shall be certified as correct by the Construction Manager CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by the Department’s COUNTY representatives at all reasonable hours at the principal office of the Construction ManagerCONSULTANT. The Construction Manager CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows: i. a. A certified copy of an employee's ’s payroll record shall be made available for inspection or furnished to the employee or the employee's ’s authorized representative on request. ii. b. A certified copy of all payroll records enumerated in subsection paragraph (a1) above, shall be made available for inspection or furnished upon request to a representative of DepartmentCOUNTY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to DepartmentCOUNTY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the Construction ManagerCONSULTANT. iii. c. The public shall not be given access to certified payroll records by the Construction ManagerCONSULTANT. The Construction Manager CONSULTANT is required to forward any requests for certified payrolls to the Department Contract COUNTY Project Manager by both facsimile email and regular mail on the business day following receipt of the request. c. Construction Manager 3. Each CONSULTANT shall submit a certified copy of the records enumerated in subsection paragraph (a1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request. d. 4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by Department COUNTY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's ’s name, address address, and social security number. The name and address of the Construction Manager awarded the Preconstruction Services Contract CONSULTANT or Subconsultant performing the Preconstruction Services Agreement work shall not be marked or obliterated. e. 5. The Construction Manager CONSULTANT shall inform Department COUNTY of the location of the records enumerated under subsection paragraph (a1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address. f. 6. The Construction Manager CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in subsection paragraph (a1) above. In the event the Construction Manager CONSULTANT or Subconsultant fails to comply within the ten-ten (10) day period, he or she shall, as a penalty to DepartmentCOUNTY, forfeit twenty-five one hundred dollars ($25.00100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by Department COUNTY from payments then due. A contractor CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor Subconsultant to comply with this section.

Appears in 1 contract

Sources: Professional Services Agreement

Payroll Records. a. Construction Manager 1. Each CONSULTANT and Subconsultants Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Section 1776 of the California Labor Code §1776 and as defined in Section 8 CCR §16000 of Title 8 of the California Code of Regulations, showing the 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 journeyman, apprentice, worker, or other employee employed by the Construction Manager CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: i. a. The information contained in the payroll record is true and correct. ii. b. The employer has complied with the requirements of Sections Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project. b. 2. The payroll records enumerated under subsection paragraph (a1) above shall be certified as correct by the Construction Manager CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by the Department’s LOCAL AGENCY representatives at all reasonable hours at the principal office of the Construction ManagerCONSULTANT. The Construction Manager CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows: i. a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. ii. b. A certified copy of all payroll records enumerated in subsection paragraph (a1) above, shall be made available for inspection or furnished upon request to a representative of DepartmentLOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to DepartmentLOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the Construction ManagerCONSULTANT. iii. c. The public shall not be given access to certified payroll records by the Construction ManagerCONSULTANT. The Construction Manager CONSULTANT is required to forward any requests for certified payrolls to the Department LOCAL AGENCY Contract Manager Administrator by both facsimile email and regular mail on the business day following receipt of the request. c. Construction Manager 3. Each CONSULTANT shall submit a certified copy of the records enumerated in subsection paragraph (a1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request. d. 4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by Department LOCAL AGENCY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address address, and social security number. The name and address of the Construction Manager awarded the Preconstruction Services Contract CONSULTANT or Subconsultant performing the Preconstruction Services Agreement work shall not be marked or obliterated. e. 5. The Construction Manager CONSULTANT shall inform Department LOCAL AGENCY of the location of the records enumerated under subsection paragraph (a1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address. f. 6. The Construction Manager CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in subsection paragraph (a1) above. In the event the Construction Manager CONSULTANT or Subconsultant fails to comply within the ten-ten (10) day period, he or she shall, as a penalty to DepartmentLOCAL AGENCY, forfeit twenty-five one hundred dollars ($25.00100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by Department LOCAL AGENCY from payments then due. A contractor CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor Subconsultant to comply with this section.

Appears in 1 contract

Sources: Consulting Services Agreement

Payroll Records. a. Construction Manager 1. Each CONSULTANT and Subconsultants Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Section 1776 of the California Labor Code §1776 and as defined in Section 8 CCR §16000 of Title 8 of the California Code of Regulations, showing the 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 journeyman, apprentice, worker, or other employee employed by the Construction Manager CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury▇▇▇▇▇▇▇, stating both of the following: i. a. The information contained in the payroll record is true and correct. ii. b. The employer has complied with the requirements of Sections Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project. b. 2. The payroll records enumerated under subsection paragraph (a1) above shall be certified as correct by the Construction Manager CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by the Department’s COMMISSION representatives at all reasonable hours at the principal office of the Construction ManagerCONSULTANT. The Construction Manager CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows: i. a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. ii. b. A certified copy of all payroll records enumerated in subsection paragraph (a1) above, shall be made available for inspection or furnished upon request to a representative of DepartmentCOMMISSION, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial RelationsRelations or other party given the right to inspect the payroll records under state law. Certified payrolls submitted to DepartmentCOMMISSION, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the Construction ManagerCONSULTANT. iii. c. The public shall not be given access to certified payroll records by the Construction ManagerCONSULTANT, but such records shall be available upon request made through COMMISSION or the Department of Industrial Relations. The Construction Manager CONSULTANT is required to forward any requests for certified payrolls to the Department COMMISSION Contract Manager Administrator by both facsimile email and regular U.S. mail on no later than the business day following receipt of the request. c. Construction Manager 3. Each CONSULTANT shall submit a certified copy of the records enumerated in subsection paragraph (a1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request. d. 4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by Department COMMISSION shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address address, and social security number. The name and address of the Construction Manager awarded the Preconstruction Services Contract CONSULTANT or Subconsultant performing the Preconstruction Services Agreement work shall not be marked or obliterated. e. 5. The Construction Manager CONSULTANT shall inform Department COMMISSION of the location of the records enumerated under subsection paragraph (a1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address. f. The Construction Manager or Subconsultant shall have ten (10) days in which to comply subsequent to receipt of written notice requesting the records enumerated in subsection (a) above6. In the event the Construction Manager CONSULTANT or Subconsultant subconsultant fails to comply within the ten-ten (10) day period, he or she shall, as a penalty to DepartmentCOMMISSION, forfeit twenty-five one hundred dollars ($25.00100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by Department COMMISSION from payments then due. A contractor CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor subconsultant to comply with this section.

Appears in 1 contract

Sources: Architectural & Engineering Services Contract

Payroll Records. a. Construction Manager 1. Each CONSULTANT and Subconsultants Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Section 1776 of the California Labor Code §1776 and as defined in Section 8 CCR §16000 of Title 8 of the California Code of Regulations, showing the 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 journeyman, apprentice, worker, or other employee employed by the Construction Manager CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: i. a. The information contained in the payroll record is true and correct. ii. b. The employer has complied with the requirements of Sections Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project. b. 2. The payroll records enumerated under subsection paragraph (a1) above shall be certified as correct by the Construction Manager CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by the Department’s COUNTY representatives at all reasonable hours at the principal office of the Construction ManagerCONSULTANT. The Construction Manager CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows: i. a. A certified copy of an employee's ’s payroll record shall be made available for inspection or furnished to the employee or the employee's ’s authorized representative on request. ii. b. A certified copy of all payroll records enumerated in subsection paragraph (a1) above, shall be made available for inspection or furnished upon request to a representative of DepartmentCOUNTY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to DepartmentCOUNTY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the Construction ManagerCONSULTANT. iii. c. The public shall not be given access to certified payroll records by the Construction ManagerCONSULTANT. The Construction Manager CONSULTANT is required to forward any requests for certified payrolls to the Department Contract COUNTY Project Manager by both facsimile email and regular mail on the business day following receipt of the request. c. Construction Manager 3. Each CONSULTANT shall submit a certified copy of the records enumerated in subsection paragraph (a1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request. d. 4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by Department COUNTY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's ’s name, address address, and social security number. The name and address of the Construction Manager awarded the Preconstruction Services Contract CONSULTANT or Subconsultant performing the Preconstruction Services Agreement work shall not be marked or obliterated. e. 5. The Construction Manager CONSULTANT shall inform Department COUNTY of the location of the records enumerated under subsection paragraph (a1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address. f. 6. The Construction Manager CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in subsection paragraph (a1) above. In the event the Construction Manager CONSULTANT or Subconsultant fails to comply within the ten-ten (10) day period, he or she shall, as a penalty to DepartmentCOUNTY, forfeit twenty-five one hundred dollars ($25.00100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by Department COUNTY from payments then due. A contractor CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor Subconsultant to comply with this section.

Appears in 1 contract

Sources: Professional Services

Payroll Records. a. Construction Manager A. The Contractor and Subconsultants its Subcontractors shall comply with the following provisions. The Contractor shall be responsible for compliance by Subcontractors of any tier. 1) The Contractor and its Subcontractors shall keep accurate certified payroll records and supporting documents as mandated by Labor Code Section 1776 of the California Labor Code and as defined in Section 16000 of Title 8 of the California Code of Regulations, showing the 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 journeyman, apprentice, worker, or other employee employed by the Construction Manager Contractor or Subconsultant Subcontractor in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury▇▇▇▇▇▇▇, stating both of the following: i. a) The information contained in the payroll record is true and correct. ii. b) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her all employees on the public works project. b. 2) The payroll records enumerated under subsection described in paragraph (a1) above shall be certified as correct by the Construction Manager under penalty of perjurycertified. The certified payrolls and records related to employee wages, fringe benefits, payroll records tax and all supporting documents deductions shall be made available for inspection and copying by the Department’s Caltrans’ representatives at all reasonable hours at the principal office of the Construction ManagerContractor. The Construction Manager Contractor shall provide copies of certified payrolls or permit inspection of its records as follows: i. a) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on upon request. ii. b) A certified copy of all payroll records enumerated described in subsection paragraph (a1) above, shall be made available for inspection or furnished upon request to a representative of DepartmentCaltrans, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to DepartmentCaltrans and, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the Construction ManagerContractor. iii. c) The public shall not be given access to certified payroll records by the Construction ManagerContractor. The Construction Manager Contractor is required to forward any requests for certified payrolls to the Department Caltrans Contract Manager by both facsimile and regular mail on the business day following receipt of the request. c. Construction Manager 3) Each Contractor shall submit a certified copy of the records enumerated described in subsection paragraph (a1) above, to the entity that requested the records within ten (10) days after receipt of a written request. d. 4) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by Department Caltrans shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address and social security number. The name and address of the Construction Manager Contractor awarded the Preconstruction Services Contract Agreement or performing the Preconstruction Services Agreement shall not be marked or obliterated. e. 5) The Construction Manager Contractor shall inform Department ▇▇▇▇▇▇▇▇ of the location of the records enumerated under subsection described in paragraph (a1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address. f. 6) The Construction Manager or Subconsultant Contractor and any Subcontractor shall have ten (10) days in which to comply subsequent to receipt of written notice requesting the records enumerated in subsection paragraph B. The penalties specified in paragraph (a6) above. In above for noncompliance with the event the Construction Manager provisions of said Section 1776 will be deducted from any monies due or Subconsultant fails to comply within the ten-day period, he or she shall, as a penalty to Department, forfeit twenty-five dollars ($25.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by Department from payments then due. A contractor is not subject to a penalty assessment pursuant to this section which may become due to the Contractor. Penalties assessed for failure to submit certified payrolls are forfeitures and not withholdings that will be returned to the Contractor. C. Payrolls shall contain the full name, address and social security number of each employee, the correct work classification (including apprentices, if applicable), rate of pay, daily and weekly number of hours worked, itemized deductions made, and actual wages paid. The payroll shall be accompanied by a subcontractor to comply "Statement of Compliance" signed by the employer or employer's agent indicating that the payrolls are correct and complete and that the wage rates contained therein are not less than those required by the Agreement. The "Statement of Compliance" shall be on forms furnished by Caltrans or on any form with identical wording. Any payroll that does not include the required “Statement of Compliance” will be deemed inadequate and unacceptable. The Contractor shall be responsible for the submission of copies of payrolls of all Subcontractors. D. The Contractor and each Subcontractor shall preserve their payroll records for a period of three (3) years from the date of completion of the Agreement. E. The Contractor shall submit a certified copy of all payroll records for verification by the Caltrans Contract Manager and/or Designee with each invoice. Delinquent or inadequate certified payrolls or other required documents will result in the withholding of payment until such documents are submitted by the Contractor. F. The Contractor shall pay any employee actually engaged in the moving and handling of goods being relocated under this sectionAgreement no less than the prevailing wage rate. G. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this Section 14.

Appears in 1 contract

Sources: Construction Contract

Payroll Records. a. Construction Manager Each Consultant and Subconsultants Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Section 1776 of the California Labor Code §1776 and as defined in Section 8 CCR §16000 of Title 8 of the California Code of Regulations, showing the 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 journeyman, apprentice, worker, or other employee employed by the Construction Manager Consultant or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury▇▇▇▇▇▇▇, stating both of the following: i. 1. The information contained in the payroll record is true and correct. ii2. The employer has complied with the requirements of Sections Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project. b. The payroll records enumerated under subsection paragraph (a1) above shall be certified as correct by the Construction Manager Consultant under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by the Department’s County representatives at all reasonable hours at the principal office of the Construction ManagerConsultant. The Construction Manager Consultant shall provide copies of certified payrolls or permit inspection of its records as follows: i. 1. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. ii2. A certified copy of all payroll records enumerated in subsection paragraph (a1) above, shall be made available for inspection or furnished upon request to a representative of DepartmentCounty, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to DepartmentCounty, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the Construction ManagerConsultant. iii3. The public shall not be given access to certified payroll records by the Construction ManagerConsultant. The Construction Manager Consultant is required to forward any requests for certified payrolls to the Department County Contract Manager Administrator by both facsimile email and regular mail on the business day following receipt of the request. c. Construction Manager Each Consultant shall submit a certified copy of the records enumerated in subsection paragraph (a1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request. d. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by Department County shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address address, and social security number. The name and address of the Construction Manager awarded the Preconstruction Services Contract Consultant or Subconsultant performing the Preconstruction Services Agreement work shall not be marked or obliterated. e. The Construction Manager Consultant shall inform Department County of the location of the records enumerated under subsection paragraph (a1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address. f. The Construction Manager Consultant or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in subsection paragraph (a1) above. In the event the Construction Manager Consultant or Subconsultant fails to comply within the ten-ten (10) day period, he or she shall, as a penalty to DepartmentCounty, forfeit twenty-five one hundred dollars ($25.00100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by Department County from payments then due. A contractor Consultant is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor Subconsultant to comply with this section. g. When prevailing wage rates apply, the Consultant is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the County Contract Administrator.

Appears in 1 contract

Sources: Design/Engineering Professional Services Contract

Payroll Records. a. Construction Manager and Subconsultants shall keep accurate certified payroll records and supporting documents as mandated by Section 1776 of the California Labor Code and as defined in Section 16000 of Title 8 of the California Code of Regulations, showing the 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 journeyman, apprentice, worker, or other employee employed by the Construction Manager or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:social i. The information contained in the payroll record is true and correct. ii. The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project. b. The payroll records enumerated under subsection (a) above shall be certified as correct by the Construction Manager under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by the Department’s representatives at all reasonable hours at the principal office of the Construction Manager. The Construction Manager shall provide copies of certified payrolls or permit inspection of its records as follows: i. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. ii. A certified copy of all payroll records enumerated in subsection (a) above, shall be made available for inspection or furnished upon request to a representative of Department, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to Department, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the Construction Manager. iii. The public shall not be given access to certified payroll records by the Construction Manager. The Construction Manager is required to forward any requests for certified payrolls to the Department Contract Manager by both facsimile and regular mail on the business day following receipt of the request. c. Construction Manager shall submit a certified copy of the records enumerated in subsection (a) above, to the entity that requested the records within ten (10) days after receipt of a written request. d. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by Department shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address and social security number. The name and address of the Construction Manager awarded the Preconstruction Services Contract or performing the Preconstruction Services Agreement shall not be marked or obliterated. e. The Construction Manager shall inform Department of the location of the records enumerated under subsection (a) above, including the street address, city and county, and shall, within five working days, provide a notice of a change of location and address. f. The Construction Manager or Subconsultant shall have ten (10) days in which to comply subsequent to receipt of written notice requesting the records enumerated in subsection (a) above. In the event the Construction Manager or Subconsultant fails to comply within the ten-day period, he or she shall, as a penalty to Department, forfeit twenty-five dollars ($25.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by Department from payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.

Appears in 1 contract

Sources: Preconstruction Services Contract

Payroll Records. a. Construction Manager 1. Each CONSULTANT and Subconsultants subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Section 1776 of the California Labor Code §1776 and as defined in Section 8 CCR §16000 of Title 8 of the California Code of Regulations, showing the 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 journeyman, apprentice, worker, or other employee employed by the Construction Manager CONSULTANT or Subconsultant subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury▇▇▇▇▇▇▇, stating both of the following: i. a. The information contained in the payroll record is true and correct. ii. b. The employer has complied with the requirements of Sections Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works projectProject. b. 2. The payroll records enumerated under subsection paragraph (a1) above shall be certified as correct by the Construction Manager CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by the Department’s LOCAL AGENCY representatives at all reasonable hours at the principal office of the Construction ManagerCONSULTANT. The Construction Manager CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows: i. a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. ii. b. A certified copy of all payroll records enumerated in subsection paragraph (a1) above, shall be made available for inspection or furnished upon request to a representative of DepartmentLOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to DepartmentLOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the Construction ManagerCONSULTANT. iii. c. The public shall not be given access to certified payroll records by the Construction ManagerCONSULTANT. The Construction Manager CONSULTANT is required to forward any requests for certified payrolls to the Department LOCAL AGENCY Contract Manager Administrator by both facsimile email and regular mail on the business day following receipt of the request. c. Construction Manager 3. Each CONSULTANT shall submit a certified copy of the records enumerated in subsection paragraph (a1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request. d. 4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by Department LOCAL AGENCY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address address, and social security number. The name and address of the Construction Manager awarded the Preconstruction Services Contract CONSULTANT or subconsultant performing the Preconstruction Services Agreement work shall not be marked or obliterated. e. 5. The Construction Manager CONSULTANT shall inform Department LOCAL AGENCY of the location of the records enumerated under subsection paragraph (a1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address. f. 6. The Construction Manager CONSULTANT or Subconsultant subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in subsection paragraph (a1) above. In the event the Construction Manager CONSULTANT or Subconsultant subconsultant fails to comply within the ten-ten (10) day period, he or she shall, as a penalty to DepartmentLOCAL AGENCY, forfeit twenty-five one hundred dollars ($25.00100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by Department LOCAL AGENCY from payments then due. A contractor CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor subconsultant to comply with this section.

Appears in 1 contract

Sources: Consultant Services Agreement

Payroll Records. a. Construction Manager A. Contractor and Subconsultants its Subcontractors shall comply with the following provisions. Contractor shall be responsible for compliance by its Subcontractors. 1) Each Contractor and its Subcontractors shall keep accurate certified payroll records and supporting documents as mandated by Section 1776 of the California Labor Code Section 1776 and as defined in Section 16000 of Title 8 of the California Code of Regulations, showing the 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 journeyman, apprentice, worker, or other employee employed by the Construction Manager Contractor or Subconsultant Subcontractor in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury▇▇▇▇▇▇▇, stating both of the following: i. a) The information contained in the payroll record is true and correct. ii. b) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her all employees on the public works project. b. 2) The payroll records enumerated under subsection described in paragraph (a1) above above, shall be certified as correct by the Construction Manager under penalty of perjurycertified. The certified payrolls and records related to employee wages, fringe benefits, payroll records tax and all supporting documents deductions shall be made available for inspection and copying by the Department’s Caltrans’ representatives at all reasonable hours at the principal office of the Construction ManagerContractor. The Construction Manager Contractor shall provide copies of certified payrolls or permit inspection of its records as follows: i. a) A certified copy of an employee's ’s payroll record shall be made available for inspection or furnished to the employee or the employee's ’s authorized representative on upon request. ii. b) A certified copy of all payroll records enumerated described in subsection paragraph (a1) above, shall be made available for inspection or furnished upon request to a representative of DepartmentCaltrans, the Department of Industrial Relations Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial RelationsStandards. Certified payrolls submitted to DepartmentCaltrans and, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the Construction ManagerContractor. iii. c) The public shall not be given access to certified payroll records by the Construction ManagerContractor. The Construction Manager Contractor is required to forward any requests for certified payrolls to the Department Caltrans Contract Manager by both facsimile email and a hard copy sent by regular mail on the business day following receipt of the request. c. Construction Manager 3) Each Contractor shall submit a certified copy of the records enumerated described in subsection paragraph (a1) above, to the entity that requested the records within ten (10) 10 days after receipt of a written request. d. 4) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by Department Caltrans shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address and social security number. The name and address of the Construction Manager Contractor awarded the Preconstruction Services Contract Agreement or performing the Preconstruction Services Agreement shall not be marked or obliterated. e. The Construction Manager 5) Contractor shall inform Department ▇▇▇▇▇▇▇▇ of the location of the records enumerated under subsection described in paragraph (a1) above, including the street address, city city, and county, and shall, within five (5) working days, provide a notice of a change of location and address. f. The Construction Manager or Subconsultant 6) Contractor and any Subcontractor shall have ten (10) 10 days in which to comply subsequent to receipt of written notice requesting the records enumerated in subsection (a) paragraph 1, above. In the event the Construction Manager Contractor or Subconsultant a Subcontractor fails to comply within the ten10-day period, he or she they shall, as a penalty to Department, Caltrans forfeit twenty-five one hundred dollars ($25.00100) for each calendar day, or for any portion thereofof a calendar day, for each worker, until strict compliance is effectuatedachieved. Such penalties shall be withheld by Department Caltrans from payments then when due. A contractor Contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor Subcontractor to comply with this section. B. The penalties specified in paragraph (6) above, for noncompliance with the provisions of said Section 1776 will be deducted from any monies due or which may become due to Contractor. Penalties assessed for failure to submit certified payrolls are forfeitures and not withholdings that will be returned to Contractor. C. Payrolls shall contain the full name, address, and social security number of each employee, the correct work classification (including apprentices, if applicable), rate of pay, daily and weekly number of hours worked, itemized deductions made, and actual wages paid. The payroll shall be accompanied by a "Statement of Compliance" signed by the employer or employer's agent indicating that the payrolls are correct and complete and that the wage rates contained therein are not less than those required by the Agreement. The "Statement of Compliance" shall be on forms furnished by Caltrans or on any form with identical wording. Any payroll that does not include the required “Statement of Compliance” will be deemed inadequate and unacceptable. Contractor shall be responsible for the submission of copies of payrolls of all Subcontractors. D. Contractor and each Subcontractor shall preserve their payroll records for a period of three (3) years from the date of completion of the Agreement. E. Contractor shall submit a certified copy of all payroll records for verification by Caltrans Contract Manager and/or designee with each invoice. When progress payments are called for, Contractor shall submit a certified copy of all payroll records for verification for the work completed to date with each invoice. Delinquent or inadequate certified payrolls or other required documents will result in the withholding of payment until such documents are submitted by Contractor. F. Contractor shall pay any employee actually engaged in the moving and handling of goods being relocated under this Agreement no less than the prevailing wage rate. G. Any subcontract entered into as a result of this Agreement shall contain all the provisions of this

Appears in 1 contract

Sources: Construction Contract

Payroll Records. a. Construction Manager Each CONTRACTOR and Subconsultants Subcontractor shall keep accurate certified payroll records and supporting documents as mandated by Section 1776 of the California Labor Code §1776 and as defined in Section 8 CCR §16000 of Title 8 of the California Code of Regulations, showing the 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 journeyman, apprentice, worker, or other employee employed by the Construction Manager CONTRACTOR or Subconsultant Subcontractor in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury▇▇▇▇▇▇▇, stating both of the following: i. The information contained in the payroll record is true and correct. ii. The employer has complied with the requirements of Sections Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project. b. The payroll records enumerated under subsection paragraph (a1) above shall be certified as correct by the Construction Manager CONTRACTOR under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by the Department’s VCTC representatives at all reasonable hours at the principal office of the Construction ManagerCONTRACTOR. The Construction Manager CONTRACTOR shall provide copies of certified payrolls or permit inspection of its records as follows: i. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. ii. A certified copy of all payroll records enumerated in subsection paragraph (a1) above, shall be made available for inspection or furnished upon request to a representative of DepartmentVCTC, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to DepartmentVCTC, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the Construction ManagerCONTRACTOR. iii. The public shall not be given access to certified payroll records by the Construction ManagerCONTRACTOR. The Construction Manager CONTRACTOR is required to forward any requests for certified payrolls to the Department VCTC Contract Manager Administrator by both facsimile email and regular mail on the business day following receipt of the request. c. Construction Manager Each CONTRACTOR shall submit a certified copy of the records enumerated in subsection paragraph (a1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request. d. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by Department VCTC shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address address, and social security number. The name and address of the Construction Manager awarded the Preconstruction Services Contract CONTRACTOR or Subcontractor performing the Preconstruction Services Agreement work shall not be marked or obliterated. e. The Construction Manager CONTRACTOR shall inform Department VCTC of the location of the records enumerated under subsection paragraph (a1) above, including the street address, city and county, and shall, within five working days, provide a notice of a change of location and address. f. The Construction Manager or Subconsultant shall have ten (10) days in which to comply subsequent to receipt of written notice requesting the records enumerated in subsection (a) above. In the event the Construction Manager or Subconsultant fails to comply within the ten-day period, he or she shall, as a penalty to Department, forfeit twenty-five dollars ($25.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by Department from payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.five

Appears in 1 contract

Sources: Contract Agreement

Payroll Records. a. Construction Manager (i) Each consultant and Subconsultants subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code Section 1776 of the California Labor Code and as defined in Section 16000 of Title 8 of the California Code of Regulations, Regulations Section 16000 showing the 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 journeyman, apprentice, worker, or other employee employed by the Construction Manager or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: i. (1) The information contained in the payroll record is true and correct. ii. (2) The employer has complied with the requirements of Sections Labor Code Section 1771, Section 1811, and Section 1815 for any work performed by his or her employees on the public works project. b. (ii) The payroll records enumerated under subsection subparagraph (ai) above shall be certified as correct by the Construction Manager CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by the DepartmentALAMEDA CTC’s representatives at all reasonable hours at the principal office of the Construction ManagerCONSULTANT. The Construction Manager CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows: i. (1) A certified copy of an employee's ’s payroll record shall be made available for inspection or furnished to the employee or the employee's ’s authorized representative on upon request. ii. (2) A certified copy of all payroll records enumerated in subsection subparagraph (ai) above, shall be made available for inspection or furnished upon request to a representative of DepartmentALAMEDA CTC, the Division of Labor Standards Enforcement and Enforcement, or the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to DepartmentALAMEDA CTC, the Division of Labor Standards Enforcement and Enforcement, or the Division of Apprenticeship Standards shall not be altered or obliterated by the Construction ManagerCONSULTANT. iii. The public shall not be given access to certified payroll records by the Construction Manager. The Construction Manager (3) CONSULTANT is required to forward any requests for certified payrolls to the Department Contract ALAMEDA CTC Project Manager by both facsimile email and regular mail on the business day following receipt of the request. c. Construction Manager (iii) Each consultant shall submit a certified copy of the records enumerated in subsection subparagraph (ai) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request. d. (iv) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by Department ALAMEDA CTC shall be marked or obliterated in such a manner as to prevent disclosure of each individual's ’s name, address address, and social security number. The name and address of the Construction Manager awarded the Preconstruction Services Contract consultant or subconsultant performing the Preconstruction Services Agreement work shall not be marked or obliterated. The public shall not be given access to certified payroll records by the CONSULTANT. e. The Construction Manager (v) CONSULTANT shall inform Department ALAMEDA CTC of the location of the records enumerated under subsection subparagraph (ai) above, including the street address, city and county, and shall, within five working days, provide a notice of a change of location and address. f. The Construction Manager or Subconsultant shall have ten (10) days in which to comply subsequent to receipt of written notice requesting the records enumerated in subsection (a) above. In the event the Construction Manager or Subconsultant fails to comply within the ten-day period, he or she shall, as a penalty to Department, forfeit twenty-five dollars ($25.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by Department from payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.five

Appears in 1 contract

Sources: Consulting Agreement

Payroll Records. a. Construction Manager (i) Each Consultant and Subconsultants subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Section 1776 of the California Labor Code §1776 and as defined in Section 8 CCR §16000 of Title 8 of the California Code of Regulations, showing the 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 journeyman, apprentice, worker, or other employee employed by the Construction Manager Consultant or Subconsultant subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury▇▇▇▇▇▇▇, stating both of the following:: correct. i. (1) The information contained in the payroll record is true and correct.and ii. (2) The employer has complied with the requirements of Sections Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project. b. (ii) The payroll records enumerated under subsection (a) above shall be certified as correct by the Construction Manager Consultant under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by the DepartmentCity representative’s representatives at all reasonable hours at the principal office of the Construction ManagerConsultant. The Construction Manager Consultant shall provide copies of certified payrolls or permit inspection of its records as follows: i. (1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. ii. (2) A certified copy of all payroll records enumerated in subsection (a) above, shall be made available for inspection or furnished upon request to a representative of DepartmentCity, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to DepartmentCity, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the Construction ManagerConsultant. iii. (3) The public shall not be given access to certified payroll records by the Construction ManagerConsultant. The Construction Manager Consultant is required to forward any requests for certified payrolls to the Department City Contract Manager Administrator by both facsimile email and regular mail on the business day following receipt of the request. c. Construction Manager (iii) Each Consultant shall submit a certified copy of the payroll records enumerated in subsection (a) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request. d. (iv) Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by Department City shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address address, and social security number. The name and address of the Construction Manager awarded the Preconstruction Services Contract Consultant or subconsultant performing the Preconstruction Services Agreement work shall not be marked or obliterated. e. (v) The Construction Manager Consultant shall inform Department City of the location of the payroll records enumerated under subsection (a) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address. f. (vi) The Construction Manager Consultant or Subconsultant subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in subsection (a) Section 17.d.1 above. In the event the Construction Manager Consultant or Subconsultant subconsultant fails to comply within the ten-day period, he or she shall, as a penalty to Department, forfeit twenty-five dollars ($25.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by Department from payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.

Appears in 1 contract

Sources: Professional Consultant Services Agreement

Payroll Records. a. Construction Manager 1. Each CONSULTANT and Subconsultants Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Section 1776 of the California Labor Code §1776 and as defined in Section 8 CCR §16000 of Title 8 of the California Code of Regulations, showing the 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 journeyman, apprentice, worker, or other employee employed by the Construction Manager CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: i. a. The information contained in the payroll record is true and correct. ii. The employer has complied with the requirements b. Theemployer hascomplied withtherequirements of Sections Labor Code §1771, §1811, and 1815 and§1815 for any work performed by his or her employees on the public works project. b. 2. The payroll records enumerated under subsection paragraph (a1) above shall be certified as correct by the Construction Manager CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by the Department’s representatives LOCAL AGENCY representative's at all reasonable hours at the principal office of the Construction ManagerCONSULTANT. The Construction Manager CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows: i. a. A certified copy of copyof an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. ii. b. A certified copy of all payroll records enumerated in subsection paragraph (a1) above, shall be made available for inspection or furnished upon request to a representative of DepartmentLOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to DepartmentLOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the Construction ManagertheCONSULTANT. iii. c. The public shall not be given access givenaccess to certified payroll records certifiedpayrollrecords by the Construction ManagerCONSULTANT. The Construction Manager CONSULTANT is required to forward any requests for certified payrolls to the Department Contract Manager LOCAL AGENCY by both facsimile email and regular mail on the business day following receipt of the request. c. Construction Manager 3. Each CONSULTANT shall submit a certified copy of the records enumerated in subsection paragraph (a1) above, to the entity that requested the records within ten (10) } calendar days after receipt of a written request. d. 4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by Department LOCAL AGENCY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address address, and social security number. The name and address of the Construction Manager awarded the Preconstruction Services Contract CONSULTANT or Subconsultant performing the Preconstruction Services Agreement work shall not be marked or obliterated. e. 5. The Construction Manager CONSULTANT shall inform Department LOCAL AGENCY of the location of the records enumerated under subsection paragraph (a1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and addressandaddress. f. 6. The Construction Manager CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in subsection paragraph (a1) above. In the event the Construction Manager CONSULTANT or Subconsultant fails to comply within the ten-ten (10} day period, he or she shall, as a penalty to DepartmentLOCAL AGENCY, forfeit twenty-five one hundred dollars ($25.00) 100} for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by Department LOCAL AGENCY from payments then due. A contractor CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor Subconsultant to comply with this sectionthissection.

Appears in 1 contract

Sources: Vendor Agreement