Common use of Penalty Clause in Contracts

Penalty. 1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the LOCAL AGENCY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive. 2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT. 3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant. 4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements: a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant. c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813. 5. Pursuant to Labor Code §1775, LOCAL AGENCY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages. 6. If LOCAL AGENCY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCY.

Penalty. 1. The CONSULTANT A. Contractor and any of its Subconsultants Subcontractor shall comply with Labor Code §Sections 1774 and §1775. Pursuant to Labor Code §In accordance with said Section 1775, the CONSULTANT and any Subconsultant Contractor shall forfeit to the LOCAL AGENCY forfeit, as a penalty of to Caltrans, not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the such work or craft in which the such worker is employed for any public work done under the AGREEMENT Agreement by the CONSULTANT them, or by its Subconsultant any Subcontractor under them, in violation of the requirements provisions of the Labor Code and and, in particular, Labor Code §§1770 Sections 1775 to 1780, inclusiveinclusively. 2. B. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the CONSULTANT Contractor or Subconsultant any Subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT Contractor or Subconsultant any Subcontractor in meeting their respective prevailing wage obligations, or the Contractor's willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates rate of prevailing wages is not excusable if the CONSULTANT Contractor or Subconsultant any Subcontractor had knowledge of the obligations under the Labor Code. The CONSULTANT Contractor by executing and receiving a copy of this Agreement is responsible for paying deemed to have knowledge of his or her obligations regarding the appropriate rate, including any escalations that take place during the term of the AGREEMENT. 3Labor Code’s prevailing wage requirements. In addition to the penalty and pursuant to Labor Code §Section 1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day day, or portion thereof thereof, for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT Contractor or Subconsultantany Subcontractor. 4. C. If a worker employed by a Subconsultant Subcontractor on a public works project is not paid the general prevailing per diem wages by the SubconsultantSubcontractor, the prime CONSULTANT Prime Contractor of the project is not liable for the any penalties described above unless the prime CONSULTANT Prime Contractor had knowledge of that failure of the Subconsultant Subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT Prime Contractor fails to comply with all of the following requirements: a. 1. The AGREEMENT agreement executed between the CONSULTANT Contractor and the Subconsultant any Subcontractor for the performance of work on the public works projects project shall include a copy of the requirements in provisions of Labor Code §§ Sections 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT 2. Contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant a Subcontractor to the employees by periodic review of the certified payroll records of the Subconsultanta Subcontractor. c. 3. Upon becoming aware of the Subconsultant’s failure of a Subcontractor to pay their workers the specified specific prevailing rate of wages to the Subconsultant’s workerswage, the CONSULTANT Contractor shall diligently take corrective action to halt or rectify the failure, including including, but not limited to, retaining withholding sufficient funds due the Subconsultant Subcontractor for work performed on the public works project. d. 4. Prior to making final payment to the Subconsultant a Subcontractor for work performed on the public works project, the CONSULTANT Contractor shall obtain an affidavit signed under penalty of perjury from for the Subconsultant Subcontractor that the Subconsultant had Subcontractor has paid the specified general prevailing rate of per diem wages to the Subconsultant’s their employees on the public works project and any amounts due pursuant to Labor Code §Section 1813. 5. D. Pursuant to Labor Code §Section 1775, LOCAL AGENCY Caltrans shall notify the CONSULTANT Contractor on a public works project within fifteen (15) calendar 15 days of receipt of a complaint that a Subconsultant Subcontractor has failed to pay workers the general prevailing rate of per diem wages. 6. E. If LOCAL AGENCY Caltrans determines that employees of a Subconsultant Subcontractor were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY Caltrans did not retain sufficient money under the AGREEMENT Agreement to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT Contractor shall withhold an amount of moneys due the Subconsultant Subcontractor sufficient to pay those employees the general prevailing rate of per diem wages wages, if requested by LOCAL AGENCYCaltrans. F. Any subcontract entered into as a result of this Agreement shall contain all the provisions of this Section 15.

Penalty. 1. The (i) CONSULTANT and any of its Subconsultants subconsultants shall comply with Labor Code §Section 1774 and §Section 1775. Pursuant to Labor Code §Section 1775, the CONSULTANT and any Subconsultant subconsultant shall each forfeit to the LOCAL AGENCY ALAMEDA CTC a penalty of not more than two hundred dollars Two Hundred Dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§Sections 1770 to 1780, inclusive. 2. (ii) The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT. 3. (iii) In addition to the penalty and pursuant to Labor Code §Section 1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultantsubconsultant. 4. (iv) If a worker employed by a Subconsultant subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultantsubconsultant, the prime CONSULTANT consultant of the project is not liable for the penalties described above unless the prime CONSULTANT consultant had knowledge of that failure of the Subconsultant subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT consultant fails to comply with all of the following requirements: a. (1) The AGREEMENT agreement executed between the CONSULTANT consultant and the Subconsultant subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ Sections 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The (2) CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant subconsultant to the employees by periodic review of the certified payroll records of the Subconsultantsubconsultant. c. (3) Upon becoming aware of the Subconsultantsubconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultantsubconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant subconsultant for work performed on the public works project. d. (4) Prior to making final payment to the Subconsultant subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant subconsultant that the Subconsultant subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultantsubconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §Section 1813. 5. (v) Pursuant to Labor Code §Section 1775, LOCAL AGENCY ALAMEDA CTC shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant subconsultant has failed to pay workers the general prevailing rate of per diem wages. 6. (vi) If LOCAL AGENCY ALAMEDA CTC determines that employees of a Subconsultant subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY ALAMEDA CTC did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due to the Subconsultant subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCYALAMEDA CTC.

Penalty. 1. The CONSULTANT Contractor and any of its Subconsultants subcontractors shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT Contractor and any Subconsultant subcontractor shall forfeit to the LOCAL AGENCY City a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT agreement by the CONSULTANT Contractor or by its Subconsultant subcontractor in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive. 2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT Contractor or Subconsultant subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT Contractor or Subconsultant subcontractor in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT Contractor or Subconsultant subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT Contractor or Subconsultant subcontractor had knowledge of the obligations under the Labor Code. The CONSULTANT Contractor is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENTagreement. 3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT Contractor or Subconsultantsubcontractor. 4. If a worker employed by a Subconsultant subcontractor on a public works project is not paid the general prevailing per diem wages by the Subconsultantsubcontractor, the prime CONSULTANT Contractor of the project is not liable for the penalties described above unless the prime CONSULTANT Contractor had knowledge of that failure of the Subconsultant subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT Contractor fails to comply with all of the following requirements: a. The AGREEMENT agreement executed between the CONSULTANT Contractor and the Subconsultant subcontractor for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT Contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant subcontractor to the employees by periodic review of the certified payroll records of the Subconsultantsubcontractor. c. Upon becoming aware of the Subconsultantsubcontractor’s failure to pay the specified prevailing rate of wages to the Subconsultantsubcontractor’s workers, the CONSULTANT Contractor shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant subcontractor for work performed on the public works project. d. Prior to making final payment to the Subconsultant subcontractor for work performed on the public works project, the CONSULTANT Contractor shall obtain an affidavit signed under penalty of perjury from the Subconsultant subcontractor that the Subconsultant subcontractor had paid the specified general prevailing rate of per diem wages to the Subconsultantsubcontractor’s employees on the public works project and any amounts due pursuant to Labor Code §1813. 5. Pursuant to Labor Code §1775, LOCAL AGENCY City shall notify the CONSULTANT Contractor on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant subcontractor has failed to pay workers the general prevailing rate of per diem wages. 6. If LOCAL AGENCY City determines that employees of a Subconsultant subcontractor were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY City did not retain sufficient money under the AGREEMENT agreement to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT Contractor shall withhold an amount of moneys due the Subconsultant subcontractor sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCYCity.

Penalty. 1. The CONSULTANT and any of its Subconsultants subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant subconsultant shall forfeit to the LOCAL AGENCY COUNTY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT Agreement by the CONSULTANT or by its Subconsultant subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive. 2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENTAgreement. 3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultantsubconsultant. 4. If a worker employed by a Subconsultant subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultantsubconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the Subconsultant subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements: a. The AGREEMENT Agreement executed between the CONSULTANT and the Subconsultant subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant subconsultant to the employees by periodic review of the certified payroll records of the Subconsultantsubconsultant. c. Upon becoming aware of the Subconsultantsubconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultantsubconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant subconsultant that the Subconsultant subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultantsubconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813. 5. Pursuant to Labor Code §1775, LOCAL AGENCY COUNTY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant subconsultant has failed to pay workers the general prevailing rate of per diem wages. 6. If LOCAL AGENCY COUNTY determines that employees of a Subconsultant subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY COUNTY did not retain sufficient money under the AGREEMENT Agreement to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCYCOUNTY.

Penalty. 1. The CONSULTANT A-E and any of its Subconsultants Subcontractors shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT A-E and any Subconsultant Subcontractor shall forfeit to the LOCAL AGENCY COUNTY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT CONTRACT by the CONSULTANT A-E or by its Subconsultant Subcontractor in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive. 2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT A-E or Subconsultant Subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT A-E or Subconsultant Subcontractor in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT A-E or Subconsultant Subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT A- E or Subconsultant Subcontractor had knowledge of the obligations under the Labor Code. The CONSULTANT A-E is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENTCONTRACT. 3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT A-E or SubconsultantSubcontractor. 4. If a worker employed by a Subconsultant Subcontractor on a public works project is not paid the general prevailing per diem wages by the SubconsultantSubcontractor, the prime CONSULTANT A-E of the project is not liable for the penalties described above unless the prime CONSULTANT A-E had knowledge of that failure of the Subconsultant Subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT A-E fails to comply with all of the following requirements: a. The AGREEMENT CONTRACT executed between the CONSULTANT A-E and the Subconsultant Subcontractor for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT A-E shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant Subcontractor to the employees by periodic review of the certified payroll records of the SubconsultantSubcontractor. c. Upon becoming aware of the SubconsultantSubcontractor’s failure to pay the specified prevailing rate of wages to the SubconsultantSubcontractor’s workers, the CONSULTANT A-E shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant Subcontractor for work performed on the public works project. d. Prior to making final payment to the Subconsultant Subcontractor for work performed on the public works project, the CONSULTANT A-E shall obtain an affidavit signed under penalty of perjury from the Subconsultant Subcontractor that the Subconsultant Subcontractor had paid the specified general prevailing rate of per diem wages to the SubconsultantSubcontractor’s employees on the public works project and any amounts due pursuant to Labor Code §1813. 5. Pursuant to Labor Code §1775, LOCAL AGENCY COUNTY shall notify the CONSULTANT A-E on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant Subcontractor has failed to pay workers the general prevailing rate of per diem wages. 6. If LOCAL AGENCY COUNTY determines that employees of a Subconsultant Subcontractor were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY COUNTY did not retain sufficient money under the AGREEMENT CONTRACT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT A-E shall withhold an amount of moneys due the Subconsultant Subcontractor sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCYCOUNTY.

Penalty. 1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the LOCAL AGENCY CITY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT CONTRACT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive. 2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENTCONTRACT. 3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant. 4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements: a. The AGREEMENT CONTRACT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant. c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813. 5. Pursuant to Labor Code §1775, LOCAL AGENCY CITY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages. 6. If LOCAL AGENCY CITY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY CITY did not retain sufficient money under the AGREEMENT CONTRACT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCYthe CITY.

Penalty. 1. a. The CONSULTANT CONTRACTOR and any of its Subconsultants Subcontractors shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT CONTRACTOR and any Subconsultant Subcontractor shall forfeit to the LOCAL AGENCY VCTC a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT CONTRACTOR or by its Subconsultant Subcontractor in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive. 2. b. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT CONTRACTOR or Subconsultant Subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT CONTRACTOR or Subconsultant Subcontractor in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT CONTRACTOR or Subconsultant Subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT CONTRACTOR or Subconsultant Subcontractor had knowledge of the obligations under the Labor Code. The CONSULTANT CONTRACTOR is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT. 3. c. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT CONTRACTOR or SubconsultantSubcontractor. 4. d. If a worker employed by a Subconsultant Subcontractor on a public works project is not paid the general prevailing per diem wages by the SubconsultantSubcontractor, the prime CONSULTANT CONTRACTOR of the project is not liable for the penalties described above unless the prime CONSULTANT CONTRACTOR had knowledge of that failure of the Subconsultant Subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT CONTRACTOR fails to comply with all of the following requirements: a. i. The AGREEMENT executed between the CONSULTANT CONTRACTOR and the Subconsultant Subcontractor for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. ii. The CONSULTANT CONTRACTOR shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant Subcontractor to the employees by periodic review of the certified payroll records of the SubconsultantSubcontractor. c. iii. Upon becoming aware of the SubconsultantSubcontractor’s failure to pay the specified prevailing rate of wages to the SubconsultantSubcontractor’s workers, the CONSULTANT CONTRACTOR shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant Subcontractor for work performed on the public works project. d. iv. Prior to making final payment to the Subconsultant Subcontractor for work performed on the public works project, the CONSULTANT CONTRACTOR shall obtain an affidavit signed under penalty of perjury from the Subconsultant Subcontractor that the Subconsultant Subcontractor had paid the specified general prevailing rate of per diem wages to the SubconsultantSubcontractor’s employees on the public works project and any amounts due pursuant to Labor Code §1813. 5. Pursuant to Labor Code §1775, LOCAL AGENCY VCTC shall notify the CONSULTANT CONTRACTOR on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant Subcontractor has failed to pay workers the general prevailing rate of per diem wages. 6. If LOCAL AGENCY VCTC determines that employees of a Subconsultant Subcontractor were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY VCTC did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT CONTRACTOR shall withhold an amount of moneys due the Subconsultant Subcontractor sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCYVCTC. To the extent applicable, CONTRACTOR must ensure compliance with the Xxxxx-Xxxxx Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, CONTRACTOR shall pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, CONTRACTOR shall pay wages not less than once a week.

Penalty. 1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the LOCAL AGENCY COUNTY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive. 2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT. 3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant. 4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements: a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant. c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813. 5. Pursuant to Labor Code §1775, LOCAL AGENCY COUNTY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages. 6. If LOCAL AGENCY COUNTY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY COUNTY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCYCOUNTY.

Penalty. 1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §§ 1774 and §§ 1775. Pursuant to Labor Code §§ 1775, the CONSULTANT and any Subconsultant shall forfeit to the LOCAL AGENCY COUNTY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§§ 1770 to 1780, inclusive. 2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT. 3. In addition to the penalty and pursuant to Labor Code §§ 1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant. 4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements: a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant. c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §§ 1813. 5. Pursuant to Labor Code §1775, LOCAL AGENCY COUNTY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages. 6. If LOCAL AGENCY COUNTY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY COUNTY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCYCOUNTY.

Penalty. 1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the LOCAL AGENCY COUNTY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive. 2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT. 3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant. 4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements: a. 1. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. 2. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant. c. 3. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. 4. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813. 5. Pursuant to Labor Code §1775, LOCAL AGENCY COUNTY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages. 6. If LOCAL AGENCY COUNTY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY COUNTY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCYCOUNTY.

Penalty. 1. The CONSULTANT A-E and any of its Subconsultants Subcontractors shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT A-E and any Subconsultant Subcontractor shall forfeit to the LOCAL AGENCY COUNTY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT CONTRACT by the CONSULTANT A-E or by its Subconsultant Subcontractor in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive. 2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT A-E or Subconsultant Subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT A-E or Subconsultant Subcontractor in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT A-E or Subconsultant Subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT A- E or Subconsultant Subcontractor had knowledge of the obligations under the Labor Code. The CONSULTANT A-E is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENTCONTRACT. 3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT A-E or SubconsultantSubcontractor. 4. If a worker employed by a Subconsultant Subcontractor on a public works project is not paid the general prevailing per diem wages by the SubconsultantSubcontractor, the prime CONSULTANT A-E of the project is not liable for the penalties described above unless the prime CONSULTANT A-E had knowledge of that failure of the Subconsultant Subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT A-E fails to comply with all of the following requirements: a. The AGREEMENT CONTRACT executed between the CONSULTANT A-E and the Subconsultant Subcontractor for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT A-E shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant Subcontractor to the employees by periodic review of the certified payroll records of the SubconsultantSubcontractor. c. Upon becoming aware of the SubconsultantSubcontractor’s failure to pay the specified prevailing rate of wages to the SubconsultantSubcontractor’s workers, the CONSULTANT A-E shall diligently take corrective action to halt or rectify the failure, including but DocuSign Envelope ID: 1535395A-F40E-43D3-8750-630750041B2F not limited to, retaining sufficient funds due the Subconsultant Subcontractor for work performed on the public works project. d. Prior to making final payment to the Subconsultant Subcontractor for work performed on the public works project, the CONSULTANT A-E shall obtain an affidavit signed under penalty of perjury from the Subconsultant Subcontractor that the Subconsultant Subcontractor had paid the specified general prevailing rate of per diem wages to the SubconsultantSubcontractor’s employees on the public works project and any amounts due pursuant to Labor Code §1813. 5. Pursuant to Labor Code §1775, LOCAL AGENCY COUNTY shall notify the CONSULTANT A-E on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant Subcontractor has failed to pay workers the general prevailing rate of per diem wages. 6. If LOCAL AGENCY COUNTY determines that employees of a Subconsultant Subcontractor were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY COUNTY did not retain sufficient money under the AGREEMENT CONTRACT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT A-E shall withhold an amount of moneys due the Subconsultant Subcontractor sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCYCOUNTY.

Penalty. 1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the LOCAL AGENCY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive. 2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT. 3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant. 4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements: a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ §1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant. c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813. 5. Pursuant to Labor Code §1775, LOCAL AGENCY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages. 6. If LOCAL AGENCY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCY.

Penalty. 1. The CONSULTANT and any of its Subconsultants SUBCONSULTANTs shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant SUBCONSULTANT shall forfeit to the LOCAL AGENCY COUNTY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant SUBCONSULTANT in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive. 2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant SUBCONSULTANT in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant SUBCONSULTANT in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant SUBCONSULTANT to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant SUBCONSULTANT had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT. 3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or SubconsultantSUBCONSULTANT. 4. If a worker employed by a Subconsultant SUBCONSULTANT on a public works project is not paid the general prevailing per diem wages by the SubconsultantSUBCONSULTANT, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the Subconsultant SUBCONSULTANT to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements: a. i. The AGREEMENT executed between the CONSULTANT and the Subconsultant SUBCONSULTANT for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. ii. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant SUBCONSULTANT to the employees by periodic review of the certified payroll records of the SubconsultantSUBCONSULTANT. c. iii. Upon becoming aware of the SubconsultantSUBCONSULTANT’s failure to pay the specified prevailing rate of wages to the SubconsultantSUBCONSULTANT’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant SUBCONSULTANT for work performed on the public works project. d. iv. Prior to making final payment to the Subconsultant SUBCONSULTANT for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant SUBCONSULTANT that the Subconsultant SUBCONSULTANT had paid the specified general prevailing rate of per diem wages to the SubconsultantSUBCONSULTANT’s employees on the public works project and any amounts due pursuant to Labor Code §1813. 5. Pursuant to Labor Code §1775, LOCAL AGENCY COUNTY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant SUBCONSULTANT has failed to pay workers the general prevailing rate of per diem wages. 6. If LOCAL AGENCY COUNTY determines that employees of a Subconsultant SUBCONSULTANT were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY COUNTY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant SUBCONSULTANT sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCYCOUNTY.

Penalty. 1. A. The CONSULTANT Contractor and any of its Subconsultants subcontractor shall comply with Labor Code §Sections 1774 and §1775. Pursuant to Labor Code §In accordance with said Section 1775, the CONSULTANT and any Subconsultant Contractor shall forfeit to the LOCAL AGENCY forfeit, as a penalty of to Caltrans, not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the such work or craft in which the such worker is employed for any public work done under the AGREEMENT contract by the CONSULTANT him or her, or by its Subconsultant any subcontractor under him/her, in violation of the requirements provisions of the Labor Code and and, in particular, Labor Code §§1770 Sections 1775 to 1780, inclusiveinclusively. 2. B. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the CONSULTANT Contractor or Subconsultant any subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT Contractor or Subconsultant any subcontractor in meeting their respective his or her prevailing wage obligations, or the Contractor's willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates rate of prevailing wages is not excusable if the CONSULTANT Contractor or Subconsultant any subcontractor had knowledge of the obligations under the Labor Code. The CONSULTANT Contractor by executing and receiving a copy of this Agreement is responsible for paying deemed to have knowledge of his or her obligations regarding the appropriate rate, including any escalations that take place during the term of the AGREEMENT. 3Labor Code’s prevailing wage requirements. In addition to the penalty and pursuant to Labor Code §Section 1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day day, or portion thereof thereof, for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT Contractor or Subconsultantany subcontractor. 4. C. If a worker employed by a Subconsultant subcontractor on a public works project is not paid the general prevailing per diem wages by the Subconsultanta subcontractor, the prime CONSULTANT Contractor of the project is not liable for the any penalties described above unless the prime CONSULTANT Contractor had knowledge of that failure of the Subconsultant its subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT Contractor fails to comply with all of the following requirements: a. 1. The AGREEMENT Agreement executed between the CONSULTANT Contractor and the Subconsultant any subcontractor for the performance of work on the public works projects project shall include a copy of the requirements in Labor Code §§ provisions of Sections 1771, 1775, 1776, 1777.5, 1813, and 18151815 of the Labor Code. b. 2. The CONSULTANT Contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant a subcontractor to the employees by periodic review of the certified payroll records of the Subconsultanta subcontractor. c. 3. Upon becoming aware of the Subconsultant’s failure of a subcontractor to pay their workers the specified specific prevailing rate of wages to the Subconsultant’s workerswage, the CONSULTANT Contractor shall diligently take corrective action to halt stop or rectify the failure, including including, but not limited to, retaining withholding sufficient funds due the Subconsultant subcontractor for work performed on the public works project. d. 4. Prior to making final payment to the Subconsultant a subcontractor for work performed on the public works project, the CONSULTANT Contractor shall obtain an affidavit signed under penalty of perjury from for the Subconsultant subcontractor that the Subconsultant had subcontractor has paid the specified general prevailing rate of per diem wages to the Subconsultant’s his or her employees on the public works project and any andany amounts due pursuant to Labor Code §Section 1813. 5. Pursuant X. Xxxxxxxx to Section 1775 of the Labor Code §1775Code, LOCAL AGENCY Caltrans shall notify the CONSULTANT Contractor on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant subcontractor has failed to pay workers the general prevailing rate of per diem wages. 6. E. If LOCAL AGENCY Caltrans determines that employees of a Subconsultant subcontractor were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY Caltrans did not retain sufficient money under the AGREEMENT contract to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT Contractor shall withhold an amount of moneys due the Subconsultant subcontractor sufficient to pay those employees the general prevailing rate of per diem wages wages, if requested by LOCAL AGENCYXxxxxxxx. F. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this Section 15.

Penalty. 1. The CONSULTANT A-E and any of its Subconsultants Subcontractors shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT A-E and any Subconsultant Subcontractor shall forfeit to the LOCAL AGENCY COUNTY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT CONTRACT by the CONSULTANT A-E or by its Subconsultant Subcontractor in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive. 2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT A-E or Subconsultant Subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT A-E or Subconsultant Subcontractor in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT A-E or Subconsultant Subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT A- E or Subconsultant Subcontractor had knowledge of the obligations under the Labor Code. The CONSULTANT A-E is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENTCONTRACT. 3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT A-E or SubconsultantSubcontractor. 4. If a worker employed by a Subconsultant Subcontractor on a public works project is not paid the general prevailing per diem wages by the SubconsultantSubcontractor, the prime CONSULTANT A-E of the project is not liable for the penalties described above unless the prime CONSULTANT A-E had knowledge of that failure of the Subconsultant Subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT A-E fails to comply with all of the following requirements: a. The AGREEMENT CONTRACT executed between the CONSULTANT A-E and the Subconsultant Subcontractor for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT A-E shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant Subcontractor to the employees by periodic review of the certified payroll records of the SubconsultantSubcontractor. c. Upon becoming aware of the SubconsultantSubcontractor’s failure to pay the specified prevailing rate of wages to the SubconsultantSubcontractor’s workers, the CONSULTANT A-E shall diligently take corrective action to halt or rectify the failure, including but DocuSign Envelope ID: C9D22EE7-C30C-4990-A8FE-82CB589D74A3 not limited to, retaining sufficient funds due the Subconsultant Subcontractor for work performed on the public works project. d. Prior to making final payment to the Subconsultant Subcontractor for work performed on the public works project, the CONSULTANT A-E shall obtain an affidavit signed under penalty of perjury from the Subconsultant Subcontractor that the Subconsultant Subcontractor had paid the specified general prevailing rate of per diem wages to the SubconsultantSubcontractor’s employees on the public works project and any amounts due pursuant to Labor Code §1813. 5. Pursuant to Labor Code §1775, LOCAL AGENCY COUNTY shall notify the CONSULTANT A-E on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant Subcontractor has failed to pay workers the general prevailing rate of per diem wages. 6. If LOCAL AGENCY COUNTY determines that employees of a Subconsultant Subcontractor were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY COUNTY did not retain sufficient money under the AGREEMENT CONTRACT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT A-E shall withhold an amount of moneys due the Subconsultant Subcontractor sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCYCOUNTY.

Penalty. 1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the LOCAL AGENCY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive. 2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT. 3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant. 4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirementsfollowingrequirements: a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ Code§§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant. c. Upon becoming aware of the Subconsultant’s 's failure to pay the specified prevailing rate of wages to the Subconsultant’s 's workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works projectworksproject. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s 's employees on the public works project and any amounts due pursuant to Labor Code §1813. 5. Pursuant to Labor Code §1775, LOCAL AGENCY shall notify the CONSULTANT on a public works project within fifteen ({15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages. 6. If LOCAL AGENCY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCY.

Penalty. 1. The CONSULTANT Consultant and any of its Subconsultants subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT Consultant and any Subconsultant subconsultant shall forfeit to the LOCAL AGENCY City a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT Agreement by the CONSULTANT Consultant or by its Subconsultant subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive. 2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT Consultant or Subconsultant subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT Consultant or Subconsultant subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT Consultant or Subconsultant subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT Consultant or Subconsultant subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT Consultant is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENTAgreement. 3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT Consultant or Subconsultantsubconsultant. 4. If a worker employed by a Subconsultant subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultantsubconsultant, the prime CONSULTANT Consultant of the project is not liable for the penalties described above unless the prime CONSULTANT Consultant had knowledge of that failure of the Subconsultant subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT Consultant fails to comply with all of the following requirements: a. i. The AGREEMENT agreement executed between the CONSULTANT Consultant and the Subconsultant subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. ii. The CONSULTANT Consultant shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant subconsultant to the employees by periodic review of the certified payroll records of the Subconsultantsubconsultant. c. iii. Upon becoming aware of the Subconsultantsubconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultantsubconsultant’s workers, the CONSULTANT Consultant shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant subconsultant for work performed on the public works project. d. iv. Prior to making final payment to the Subconsultant subconsultant for work performed on the public works project, the CONSULTANT Consultant shall obtain an affidavit signed under penalty of perjury from the Subconsultant subconsultant that the Subconsultant subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultantsubconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813. 5. Pursuant to Labor Code §1775, LOCAL AGENCY City shall notify the CONSULTANT Consultant on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant subconsultant has failed to pay workers the general prevailing rate of per diem wages. 6. If LOCAL AGENCY City determines that employees of a Subconsultant subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY City did not retain sufficient money under the AGREEMENT Agreement to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT Consultant shall withhold an amount of moneys due the Subconsultant subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCYCity.

Penalty. 1. The CONSULTANT Consultant and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT Consultant and any Subconsultant shall forfeit to the LOCAL AGENCY County a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT Agreement by the CONSULTANT Consultant or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive. 2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT Consultant or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT Consultant or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT Consultant or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT Consultant or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT Consultant is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENTAgreement. 3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT Consultant or Subconsultant. 4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime CONSULTANT Consultant of the project is not liable for the penalties described above unless the prime CONSULTANT Consultant had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT Consultant fails to comply with all of the following requirements: a. The AGREEMENT Agreement executed between the CONSULTANT Consultant and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT Consultant shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant. c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT Consultant shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT Consultant shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813. 5. Pursuant to Labor Code §1775, LOCAL AGENCY County shall notify the CONSULTANT Consultant on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages. 6. If LOCAL AGENCY County determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY County did not retain sufficient money under the AGREEMENT Agreement to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT Consultant shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCYCounty.

Penalty. 1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the LOCAL AGENCY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive. 2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT. 3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant. 4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements: a. : The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. . The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant. c. . Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. . Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813. 5. Pursuant to Labor Code §1775, LOCAL AGENCY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages. 6. If LOCAL AGENCY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCY.. Hours of Labor Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to the LOCAL AGENCY, twenty-five dollars ($25) for each worker employed in the execution of the AGREEMENT by the CONSULTANT or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty

Penalty. 1. A. The CONSULTANT Contractor and any of its Subconsultants Subcontractor under the Contractor shall comply with Labor Code §(LC) Sections 1774 and §1775. Pursuant to Labor Code §In accordance with said LABOR CODE Section 1775, the CONSULTANT and any Subconsultant Contractor shall forfeit to the LOCAL AGENCY forfeit, as a penalty of to Caltrans, not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the such work or craft in which the such worker is employed for any public work done under the AGREEMENT Agreement by the CONSULTANT him or her, or by its Subconsultant any Subcontractor under him/her, in violation of the requirements provisions of the Labor Code and and, in particular, Labor Code §§1770 Sections 1775 to 1780, inclusiveinclusively. 2. B. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the CONSULTANT Contractor or Subconsultant Subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT Contractor or Subconsultant Subcontractor in meeting their respective his or her prevailing wage obligations, or the a Contractor's willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates rate of prevailing wages is not excusable if the CONSULTANT Contractor or Subconsultant Subcontractor had knowledge of the obligations under the Labor Code. The CONSULTANT Any Contractor that executes and receives a copy of this Agreement is responsible for paying deemed to have knowledge of his or her obligations regarding the appropriate rate, including any escalations that take place during the term of the AGREEMENT. 3Labor Code’s prevailing wage requirements. In addition to the penalty and pursuant to Labor Code §Section 1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day day, or portion thereof thereof, for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT Contractor or SubconsultantSubcontractor. 4. C. If a worker employed by a Subconsultant Subcontractor on a public works project is not paid the general prevailing per diem wages by the SubconsultantSubcontractor, the prime CONSULTANT Contractor of the project is not liable for the any penalties described above unless the prime CONSULTANT Contractor had knowledge of that failure of the Subconsultant Subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT Contractor fails to comply with all of the following requirements: a. 1) The AGREEMENT Agreement executed between the CONSULTANT Contractor and the Subconsultant Subcontractor for the performance of work on the public works projects project shall include a copy of the requirements in Labor Code §§ provisions of Sections 1771, 1775, 1776, 1777.5, 1813, 1813 and 18151815 of the Labor Code. b. 2) The CONSULTANT Contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant Subcontractor to the employees by periodic review of the certified payroll records of the SubconsultantSubcontractor. c. 3) Upon becoming aware of the Subconsultant’s failure of the Subcontractor to pay his or her workers the specified specific prevailing rate of wages to the Subconsultant’s workerswage, the CONSULTANT Contractor shall diligently take corrective action to halt or rectify the failure, including including, but not limited tolimited, to retaining sufficient funds due the Subconsultant Subcontractor for work performed on the public works project. d. 4) Prior to making final payment to the Subconsultant Subcontractor for work performed on the public works project, the CONSULTANT Contractor shall obtain an affidavit signed under penalty of perjury from for the Subconsultant Subcontractor that the Subconsultant had Subcontractor has paid the specified general prevailing rate of per diem wages to the Subconsultant’s his or her employees on the public works project and any amounts due pursuant to Labor Code §LABOR CODE Section 1813. 5. Pursuant X. Xxxxxxxx to Labor Code §LABOR CODE Section 1775, LOCAL AGENCY Caltrans shall notify the CONSULTANT Contractor on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant Subcontractor has failed to pay workers the general prevailing rate of per diem wages. 6. E. If LOCAL AGENCY Caltrans determines that employees of a Subconsultant Subcontractor were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY Caltrans did not retain sufficient money under the AGREEMENT Agreement to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT Contractor shall withhold an amount of moneys due the Subconsultant Subcontractor sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCYXxxxxxxx. F. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this clause.

Penalty. 1. a. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the LOCAL AGENCY VCTC a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive. 2. b. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT. 3. c. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant. 4. d. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements: a. i. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. ii. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant. c. iii. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. iv. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813. 5. Pursuant to Labor Code §1775, LOCAL AGENCY VCTC shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages. 6. If LOCAL AGENCY VCTC determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY VCTC did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCYVCTC.

Penalty. 1. The CONSULTANT VENDOR and any of its Subconsultants Sub-contractors shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT VENDOR and any Subconsultant Sub-contractor shall forfeit to the LOCAL AGENCY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT VENDOR or by its Subconsultant Sub-contractors in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive. 2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT VENDOR or Subconsultant Sub-contractors in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT VENDOR or Subconsultant Sub-contractors in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT VENDOR or Subconsultant Sub-contractors to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT VENDOR or Subconsultant Sub-contractors had knowledge of the obligations under the Labor Code. The CONSULTANT VENDOR is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT. 3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT VENDOR or SubconsultantSub- contractors. 4. If a worker employed by a Subconsultant Sub-contractor on a public works project is not paid the general prevailing per diem wages by the SubconsultantSub-contractors, the prime CONSULTANT VENDOR of the project is not liable for the penalties described above unless the prime CONSULTANT VENDOR had knowledge of that failure of the Subconsultant Sub-contractors to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT VENDOR fails to comply with all of the following requirementsfollowingrequirements: a. The AGREEMENT executed between the CONSULTANT VENDOR and the Subconsultant Sub-contractors for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ Code§§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT VENDOR shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant Sub-contractors to the employees by periodic review of the certified payroll records of the SubconsultantSub-contractors. c. Upon becoming aware of the SubconsultantSub-contractor’s failure to pay the specified prevailing rate of wages to the Subconsultant’s Sub-contractor's workers, the CONSULTANT VENDOR shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant Sub-contractor for work performed on the public works projectworksproject. d. Prior to making final payment to the Subconsultant Sub-contractor for work performed on the public works project, the CONSULTANT VENDOR shall obtain an affidavit signed under penalty of perjury from the Subconsultant Sub-contractor that the Subconsultant Sub-contractor had paid the specified general prevailing rate of per diem wages to the Subconsultant’s Sub- contractor's employees on the public works project and any amounts due pursuant to Labor Code §1813. 5. Pursuant to Labor Code §1775, LOCAL AGENCY shall notify the CONSULTANT VENDOR on a public works project within fifteen ({15) calendar days of receipt of a complaint that a Subconsultant Sub-contractor has failed to pay workers the general prevailing rate of per diem wages. 6. If LOCAL AGENCY determines that employees of a Subconsultant Sub-contractor were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT VENDOR shall withhold an amount of moneys due the Subconsultant Sub-contractor sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCY.

Penalty. 1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the LOCAL AGENCY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive. 2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT. 3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant. 4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirementsfollowingrequirements: a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ Code§§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant. c. Upon becoming aware of the Subconsultant’s 's failure to pay the specified prevailing rate of wages to the Subconsultant’s 's workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works projectworksproject. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s 's employees on the public works project and any amounts due pursuant to Labor Code §1813. 5. Pursuant to Labor Code §1775, LOCAL AGENCY shall notify the notifythe CONSULTANT on a public works project within fifteen ({15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages. 6. If LOCAL AGENCY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCY.

Penalty. 1. The CONSULTANT and any of its Subconsultants subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant subconsultant shall forfeit to the LOCAL AGENCY COMMISSION a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive. 2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT. 3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultantsubconsultant. 4. If a worker employed by a Subconsultant subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultantsubconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the Subconsultant subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements: a. The AGREEMENT executed between the CONSULTANT and the Subconsultant subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant subconsultant to the employees by periodic review of the certified payroll records of the Subconsultantsubconsultant. c. Upon becoming aware of the Subconsultantsubconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultantsubconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant subconsultant that the Subconsultant subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813. 5. Pursuant to Labor Code §1775, LOCAL AGENCY COMMISSION shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant subconsultant has failed to pay workers the general prevailing rate of per diem wages. 6. If LOCAL AGENCY COMMISSION determines that employees of a Subconsultant subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY COMMISSION did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCYCOMMISSION.

Penalty. 1. The CONSULTANT VENDOR and any of its Subconsultants Sub-contractors shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT VENDOR and any Subconsultant Sub-contractor shall forfeit to the LOCAL AGENCY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT VENDOR or by its Subconsultant Sub-contractors in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive. 2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT VENDOR or Subconsultant Sub-contractors in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT VENDOR or Subconsultant Sub-contractors in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT VENDOR or Subconsultant Sub-contractors to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT VENDOR or Subconsultant Sub-contractors had knowledge of the obligations under the Labor Code. The CONSULTANT VENDOR is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT. 3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT VENDOR or SubconsultantSub- contractors. 4. If a worker employed by a Subconsultant Sub-contractor on a public works project is not paid the general prevailing per diem wages by the SubconsultantSub-contractors, the prime CONSULTANT VENDOR of the project is not liable for the penalties described above unless the prime CONSULTANT VENDOR had knowledge of that failure of the Subconsultant Sub-contractors to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT VENDOR fails to comply with all of the following requirements: a. The AGREEMENT executed between the CONSULTANT VENDOR and the Subconsultant Sub-contractors for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ Code§§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT VENDOR shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant Sub-contractors to the employees by periodic review of the certified payroll records of the SubconsultantSub-contractors. c. Upon becoming aware of the SubconsultantSub-contractor’s failure to pay the specified prevailing rate of wages to the Subconsultant’s Sub-contractor's workers, the CONSULTANT VENDOR shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant Sub-contractor for work performed on the public works projectworksproject. d. Prior to making final payment to the Subconsultant Sub-contractor for work performed on the public works project, the CONSULTANT VENDOR shall obtain an affidavit signed under penalty of perjury from the Subconsultant Sub-contractor that the Subconsultant Sub-contractor had paid the specified general prevailing rate of per diem wages to the Subconsultant’s Sub- contractor's employees on the public works project and any amounts due pursuant to Labor Code §1813. 5. Pursuant to Labor Code §1775, LOCAL AGENCY shall notify the CONSULTANT VENDOR on a public works project within fifteen ({15) calendar days of receipt of a complaint that a Subconsultant Sub-contractor has failed to pay workers the general prevailing rate of per diem wages. 6. If LOCAL AGENCY determines that employees of a Subconsultant Sub-contractor were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT VENDOR shall withhold an amount of moneys due the Subconsultant Sub-contractor sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCY.

Penalty. 1. The CONSULTANT and any of its Subconsultants subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant subconsultant shall forfeit to the LOCAL AGENCY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive. 2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT. 3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultantsubconsultant. 4. If a worker employed by a Subconsultant subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultantsubconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the Subconsultant subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements: a. The AGREEMENT executed between the CONSULTANT and the Subconsultant subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant subconsultant to the employees by periodic review of the certified payroll records of the Subconsultantsubconsultant. c. Upon becoming aware of the Subconsultantsubconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultantthe’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant subconsultant that the Subconsultant subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultantsubconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813. 5. Pursuant to Labor Code §1775, LOCAL AGENCY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant subconsultant has failed to pay workers the general prevailing rate of per diem wages. 6. If LOCAL AGENCY determines that employees of a Subconsultant subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCY.

Penalty. 1. The CONSULTANT A-E and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT A-E and any Subconsultant shall forfeit to the LOCAL AGENCY County a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT Contract by the CONSULTANT A-E or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive. 2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT A-E or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT A-E or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT A-E or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT A-E or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT A-E is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENTContract. 3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT A-E or Subconsultant. 4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime CONSULTANT A-E of the project is not liable for the penalties described above unless the prime CONSULTANT A-E had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT A-E fails to comply with all of the following requirements: a. The AGREEMENT Contract executed between the CONSULTANT A-E and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT A-E shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant. c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT r -E shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT A-E shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813. 5. Pursuant to Labor Code §1775, LOCAL AGENCY County shall notify the CONSULTANT A-E on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages. 6. If LOCAL AGENCY County determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY County did not retain sufficient money under the AGREEMENT Contract to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT A-E shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCYCounty.

Penalty. 1. The CONSULTANT Consultant and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT Consultant and any Subconsultant shall forfeit to the LOCAL AGENCY City a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT Agreement by the CONSULTANT Consultant or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive. 2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT Consultant or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT Consultant or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT Consultant or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT Consultant or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT Consultant is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENTAgreement. 3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT Consultant or Subconsultant. 4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime CONSULTANT Consultant of the project is not liable for the penalties described above unless the prime CONSULTANT Consultant had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT Consultant fails to comply with all of the following requirements: a. The AGREEMENT Agreement executed between the CONSULTANT Consultant and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT Consultant shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant. c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT Consultant shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT Consultant shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813. 5. Pursuant to Labor Code §1775, LOCAL AGENCY City shall notify the CONSULTANT Consultant on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages. 6. If LOCAL AGENCY City determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY City did not retain sufficient money under the AGREEMENT Agreement to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT Consultant shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCYCity.

Penalty. 1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the LOCAL AGENCY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive. 2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT. 3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant. 4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements: a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ Code§§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant. c. Upon becoming aware of the Subconsultant’s 's failure to pay the specified prevailing rate of wages to the Subconsultant’s 's workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works projectworksproject. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s 's employees on the public works project and any amounts due pursuant to Labor Code §1813. 5. Pursuant to Labor Code §1775, LOCAL AGENCY shall notify the notifythe CONSULTANT on a public works project within fifteen ({15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages. 6. If LOCAL AGENCY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCY.

Penalty. 1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the LOCAL AGENCY COUNTY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive. 2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT. 3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant. 4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements: a. The AGREEMENT subagreement executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant. c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813. 5. Pursuant to Labor Code §1775, LOCAL AGENCY COUNTY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages. 6. If LOCAL AGENCY COUNTY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY COUNTY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCYCOUNTY.

Penalty. 1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant subconsultant shall forfeit to the LOCAL AGENCY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive. 2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT. 3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultantsubconsultant. 4. If a worker employed by a Subconsultant subconsultant on a public works project Project is not paid the general prevailing per diem wages by the Subconsultantsubconsultant, the prime CONSULTANT of the project Project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the Subconsultant subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements: a. The AGREEMENT executed between the CONSULTANT and the Subconsultant subconsultant for the performance of work on public works projects Projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant subconsultant to the employees by periodic review of the certified payroll records of the SubconsultantSub-consultant. c. Upon becoming aware of the SubconsultantSub-consultant’s failure to pay the specified prevailing rate of wages to the Subconsultantsubconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant subconsultant for work performed on the public works projectProject. d. Prior to making final payment to the Subconsultant subconsultant for work performed on the public works projectProject, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant subconsultant that the Subconsultant subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultantsubconsultant’s employees on the public works project Project and any amounts due pursuant to Labor Code §1813. 5. Pursuant to Labor Code §1775, LOCAL AGENCY shall notify the CONSULTANT on a public works project Project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant subconsultant has failed to pay workers the general prevailing rate of per diem wages. 6. If LOCAL AGENCY determines that employees of a Subconsultant subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCY.

Penalty. 1. The CONSULTANT Contractor and any of its Subconsultants Subcontractor shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT Contractor and any Subconsultant Subcontractor shall forfeit to the LOCAL AGENCY County a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT Contract by the CONSULTANT Contractor or by its Subconsultant Subcontractor in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive. 2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT Contractor or Subconsultant Subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT Contractor or Subconsultant Subcontractor in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT Contractor or Subconsultant Subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT Contractor or Subconsultant Subcontractor had knowledge of the obligations under the Labor Code. The CONSULTANT Contractor is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENTContract. 3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT Contractor or SubconsultantSubcontractor. 4. If a worker employed by a Subconsultant Subcontractor on a public works project is not paid the general prevailing per diem wages by the SubconsultantSubcontractor, the prime CONSULTANT Contractor of the project is not liable for the penalties described above unless the prime CONSULTANT Contractor had knowledge of that failure of the Subconsultant Subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT Contractor fails to comply with all of the following requirements: a. The AGREEMENT contract executed between the CONSULTANT Contractor and the Subconsultant Subcontractor for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT Contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant Subcontractor to the employees by periodic review of the certified payroll records of the SubconsultantSubcontractor. c. Upon becoming aware of the SubconsultantSubcontractor’s failure to pay the specified prevailing rate of wages to the SubconsultantSubcontractor’s workers, the CONSULTANT Contractor shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant Subcontractor for work performed on the public works project. d. Prior to making final payment to the Subconsultant Subcontractor for work performed on the public works project, the CONSULTANT Contractor shall obtain an affidavit signed under penalty of perjury from the Subconsultant Subcontractor that the Subconsultant Subcontractor had paid the specified general prevailing rate of per diem wages to the SubconsultantSubcontractor’s employees on the public works project and any amounts due pursuant to Labor Code §1813. 5. Pursuant to Labor Code §1775, LOCAL AGENCY County shall notify the CONSULTANT Contractor on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant Subcontractor has failed to pay workers the general prevailing rate of per diem wages. 6. If LOCAL AGENCY County determines that employees of a Subconsultant Subcontractor were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY County did not retain sufficient money under the AGREEMENT Contract to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT Contractor shall withhold an amount of moneys due the Subconsultant Subcontractor sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCYCounty.

Penalty. 1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the LOCAL AGENCY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive. 2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT. 3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant. 4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements: a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant. c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813. 5. Pursuant to Labor Code §1775, LOCAL AGENCY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages. 6. If LOCAL AGENCY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCY.

Penalty. 1. a. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the LOCAL AGENCY VCTC a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive. 2. b. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT. 3. c. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant. 4. d. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements: a. i. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815.the b. ii. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant. c. iii. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. iv. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813. 5. Pursuant to Labor Code §1775, LOCAL AGENCY VCTC shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages. 6. If LOCAL AGENCY VCTC determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY VCTC did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCYVCTC.

Penalty. 1. The CONSULTANT A-E and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT A-E and any Subconsultant shall forfeit to the LOCAL AGENCY COUNTY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT CONTRACT by the CONSULTANT A-E or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive. 2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT A-E or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT A-E or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT A-E or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT A- E or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT A-E is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENTCONTRACT. 3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT A-E or Subconsultant. 4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime CONSULTANT A-E of the project is not liable for the penalties described above unless the prime CONSULTANT A-E had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT A-E fails to comply with all of the following requirements: a. The AGREEMENT CONTRACT executed between the CONSULTANT A-E and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT A-E shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant. c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT A-E shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT A-E shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813. 5. Pursuant to Labor Code §1775, LOCAL AGENCY COUNTY shall notify the CONSULTANT A-E on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages. 6. If LOCAL AGENCY COUNTY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY COUNTY did not retain sufficient money under the AGREEMENT CONTRACT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT A-E shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCYCOUNTY.