Common use of Penalty Clause in Contracts

Penalty. a. The Construction Manager and any Subconsultant under the Construction Manager shall comply with Labor Code Sections 1774 and 1775. Pursuant to Section 1775, the Construction Manager and any Subconsultant shall forfeit to the State or political subdivision on whose behalf the Preconstruction Services Contract is made or awarded a penalty of not more than fifty dollars ($50.00) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the Preconstruction Services Contract by the Construction Manager or by any Subconsultant under the Construction Manager in violation of the requirements of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. 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 Construction Manager or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the Construction Manager or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the Construction Manager 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 Construction Manager or Subconsultant had knowledge of the obligations under the Labor Code. The Construction Manager is responsible for paying the appropriate rate, including any escalations that take place during the term of the Preconstruction Services Contract. c. 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 Construction Manager or Subconsultant. 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 Construction Manager of the project is not liable for the penalties described above unless the Construction Manager had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the Construction Manager fails to comply with all of the following requirements: i. The Preconstruction Services Contract executed between the Construction Manager and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Sections 1771, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code. ii. The Construction Manager 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. iii. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the Construction Manager 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. iv. Prior to making final payment to the Subconsultant for work performed on the public works project, the Construction Manager 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 Section 1813 of the Labor Code. e. Pursuant to Section 1775 of the Labor Code, Department shall notify the Construction Manager on a public works project within 15 days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages. f. If Department determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if Department did not retain sufficient money under the contract to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the Construction Manager shall withhold an amount of moneys due the Subcontractor sufficient to pay those employees the general prevailing rate of per diem wages if requested by Department.

Penalty. a. The Construction Manager A. Contractor and any Subconsultant under the Construction Manager Subcontractor shall comply with Labor Code Sections 1774 and 1775. Pursuant to In accordance with said Section 1775, the Construction Manager and any Subconsultant Contractor shall forfeit to the State or political subdivision on whose behalf the Preconstruction Services Contract is made or awarded forfeit, as a penalty of to Caltrans, not more than fifty two hundred dollars ($50.00200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the such work or craft in which the such worker is employed for any public work done under the Preconstruction Services Contract contract by the Construction Manager them, or by any Subconsultant Subcontractor under the Construction Manager them, in violation of the requirements provisions of the Labor Code and and, in particular, Labor Code Sections 1770 1775 to 1780, inclusiveinclusively. b. 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 Construction Manager Contractor or Subconsultant any Subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Construction Manager Contractor or Subconsultant Subcontractor in meeting their respective prevailing wage obligations, or the Contractor's willful failure by the Construction Manager 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 Construction Manager Contractor or Subconsultant Subcontractor had knowledge of the obligations under the Labor Code. The Construction Manager Contractor by executing and receiving a copy of this Agreement is responsible for paying deemed to have knowledge of their obligations regarding the appropriate rate, including any escalations that take place during the term of the Preconstruction Services Contract. c. Labor 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 Construction Manager Contractor or Subconsultantany Subcontractor. d. 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 Construction Manager Prime Contractor of the project is not liable for the any penalties described above unless the Construction Manager 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 Construction Manager Prime Contractor fails to comply with all of the following requirements: i. 1) The Preconstruction Services Contract Agreement executed between the Construction Manager Contractor and the Subconsultant 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 of the Labor Code1815. ii. The Construction Manager 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. iii. 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 Construction Manager 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. iv. 4) Prior to making final payment to the Subconsultant a Subcontractor for work performed on the public works project, the Construction Manager Contractor shall obtain an affidavit signed under penalty of perjury from the Subconsultant for 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 Section 1813 of the Labor Code1813. e. D. Pursuant to Labor Code Section 1775 of the Labor Code1775, Department Caltrans shall notify the Construction Manager Contractor on a public works project within 15 days of receipt of a complaint that a Subconsultant Subcontractor has failed to pay workers the general prevailing rate of per diem wages. f. E. If Department Caltrans determines that employees of a Subconsultant Subcontractor were not paid the general prevailing rate of per diem wages and if Department Caltrans did not retain sufficient money under the contract to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the Construction Manager Contractor shall withhold an amount of moneys due the Subcontractor sufficient to pay those employees the general prevailing rate of per diem wages if requested by DepartmentCaltrans. F. Any subcontract entered into as a result of this Agreement shall contain all the provisions of this Section 15.

Penalty. a. The Construction Manager A. Contractor and any Subconsultant under the Construction Manager Subcontractor shall comply with Labor Code Sections 1774 and 1775. Pursuant to In accordance with said Section 1775, the Construction Manager and any Subconsultant Contractor shall forfeit to the State or political subdivision on whose behalf the Preconstruction Services Contract is made or awarded forfeit, as a penalty of to Caltrans, not more than fifty two hundred dollars ($50.00200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the such work or craft in which the such worker is employed for any public work done under the Preconstruction Services Contract Agreement by the Construction Manager them, or by any Subconsultant Subcontractor under the Construction Manager them, in violation of the requirements provisions of the Labor Code and and, in particular, Labor Code Sections 1770 1775 to 1780, inclusiveinclusively. b. 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 Construction Manager Contractor or Subconsultant any Subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Construction Manager Contractor or Subconsultant Subcontractor in meeting their respective prevailing wage obligations, or the Contractor's willful failure by the Construction Manager 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 Construction Manager Contractor or Subconsultant Subcontractor had knowledge of the obligations under the Labor Code. The Construction Manager Contractor by executing and receiving a copy of this Agreement is responsible for paying deemed to have knowledge of their obligations regarding the appropriate rate, including any escalations that take place during the term of the Preconstruction Services Contract. c. Labor 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 Construction Manager Contractor or Subconsultantany Subcontractor. d. 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 Construction Manager Prime Contractor of the project is not liable for the any penalties described above unless the Construction Manager 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 Construction Manager Prime Contractor fails to comply with all of the following requirements: i. 1) The Preconstruction Services Contract Agreement executed between the Construction Manager Contractor and the Subconsultant 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 of the Labor Code1815. ii. The Construction Manager 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. iii. 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 Construction Manager 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. iv. 4) Prior to making final payment to the Subconsultant a Subcontractor for work performed on the public works project, the Construction Manager Contractor shall obtain an affidavit signed under penalty of perjury from the Subconsultant for 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 Section 1813 of the Labor Code1813. e. D. Pursuant to Labor Code Section 1775 of the Labor Code1775, Department Caltrans shall notify the Construction Manager Contractor on a public works project within 15 days of receipt of a complaint that a Subconsultant Subcontractor has failed to pay workers the general prevailing rate of per diem wages. f. E. If Department Caltrans determines that employees of a Subconsultant Subcontractor were not paid the general prevailing rate of per diem wages and if Department Caltrans did not retain sufficient money under the contract Agreement to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the Construction Manager Contractor shall withhold an amount of moneys due the Subcontractor sufficient to pay those employees the general prevailing rate of per diem wages if requested by DepartmentCaltrans. F. Any subcontract entered into as a result of this Agreement shall contain all the provisions of this Section 15.

Penalty. a. The Construction Manager A. Contractor and any Subconsultant under the Construction Manager Subcontractor shall comply with Labor Code Sections 1774 and 1775. Pursuant to In accordance with said Section 1775, the Construction Manager and any Subconsultant Contractor shall forfeit to the State or political subdivision on whose behalf the Preconstruction Services Contract is made or awarded forfeit, as a penalty of to Caltrans, not more than fifty two hundred dollars ($50.00200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the such work or craft in which the such worker is employed for any public work done under the Preconstruction Services Contract Agreement by the Construction Manager them, or by any Subconsultant Subcontractor under the Construction Manager them, in violation of the requirements provisions of the Labor Code and and, in particular, Labor Code Sections 1770 1775 to 1780, inclusiveinclusively. b. 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 Construction Manager Contractor or Subconsultant any Subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Construction Manager Contractor or Subconsultant Subcontractor in meeting their respective prevailing wage obligations, or the Contractor's willful failure by the Construction Manager 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 Construction Manager Contractor or Subconsultant Subcontractor had knowledge of the obligations under the Labor Code. The Construction Manager Contractor by executing and receiving a copy of this Agreement is responsible for paying deemed to have knowledge of their obligations regarding the appropriate rate, including any escalations that take place during the term of the Preconstruction Services Contract. c. Labor 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 Construction Manager Contractor or Subconsultantany Subcontractor. d. 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 Construction Manager Prime Contractor of the project is not liable for the any penalties described above unless the Construction Manager 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 Construction Manager Prime Contractor fails to comply with all of the following requirements: i. 1. The Preconstruction Services Contract Agreement executed between the Construction Manager 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 of the Labor Code1815. ii2. The Construction Manager 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. iii3. 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 Construction Manager 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. iv4. Prior to making final payment to the Subconsultant a Subcontractor for work performed on the public works project, the Construction Manager 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 Section 1813 of the Labor Code1813. e. D. Pursuant to Labor Code Section 1775 of the Labor Code1775, Department Caltrans shall notify the Construction Manager Contractor on a public works project within 15 days of receipt of a complaint that a Subconsultant Subcontractor has failed to pay workers the general prevailing rate of per diem wages. f. E. If Department Caltrans determines that employees of a Subconsultant Subcontractor were not paid the general prevailing rate of per diem wages and if Department Caltrans did not retain sufficient money under the contract Agreement to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the Construction Manager Contractor shall withhold an amount of moneys due the Subcontractor sufficient to pay those employees the general prevailing rate of per diem wages wages, if requested by DepartmentCaltrans. F. Any subcontract entered into as a result of this Agreement shall contain all the provisions of this Section 15.

Penalty. a. 13.3.1 The Construction Manager Provider and any Subconsultant Subcontractor under the Construction Manager Provider (prime contractor) shall comply with Labor Code Sections 1774 1720, 1774, 1775, and 1775Government Code Section 14920. Pursuant to In accordance with Labor Code Section 1775, the Construction Manager and any Subconsultant Provider shall forfeit forfeit, as a penalty to the State or political subdivision on whose behalf the Preconstruction Services Contract is made or awarded a penalty of Ordering Department, not more than fifty two hundred dollars ($50.00200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the such work or craft in which the such worker is employed for any public work done office moving services performed under the Preconstruction Services Contract by Agreement with the Construction Manager Ordering Department, or by any Subconsultant Subcontractor under the Construction Manager Provider in violation of the requirements provisions of the Labor Code and and, in particular, Labor Code Sections 1770 to 1780, inclusiveSection 1720 and Government Code Section 14920. b. 13.3.2 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 Construction Manager Provider or Subconsultant Subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Construction Manager Provider or Subconsultant Subcontractor in meeting their respective his or her prevailing wage obligations, or the a Provider’s willful failure by the Construction Manager 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 Construction Manager Provider or Subconsultant Subcontractor had knowledge of the obligations under the Labor Code. The Construction Manager Any Provider that executes and receives a copy of this Agreement is responsible for paying the appropriate rate, including any escalations that take place during the term deemed to have knowledge of the Preconstruction Services Contract. c. his or her obligations regarding Labor Code Section 1720 and Government Code Section 14920 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 Construction Manager Provider or SubconsultantSubcontractor. d. 13.3.3 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 Construction Manager of the project prime Contractor (Provider) is not liable for the any penalties described above unless the Construction Manager 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 Construction Manager prime Contractor fails to comply with all of the following requirements: i. 13.3.3.1 The Preconstruction Services Contract Agreement executed between the Construction Manager Provider and the Subconsultant Subcontractor for the performance of work on public works projects office moving services shall include a copy of the requirements in Sections 1771, 1775, 1776, 1777.5, 1813, provisions of Labor Code Section 1720 and 1815 of the Labor CodeGovernment Code Section 14920. ii. 13.3.3.2 The Construction Manager Provider 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. iii. 13.3.3.3 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 Construction Manager Provider 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 projectfor office moving services. iv. 13.3.3.4 Prior to making final payment to the Subconsultant Subcontractor for work performed on the public works projectfor office moving services, the Construction Manager Provider 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 for office moving services and any amounts due pursuant to Labor Code Section 1813 of the Labor Code1720 and Government Code Section 14920. e. Pursuant to Section 1775 of the Labor Code, Department shall notify the Construction Manager on a public works project within 15 days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages. f. If Department determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if Department did not retain sufficient money under the contract to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the Construction Manager shall withhold an amount of moneys due the Subcontractor sufficient to pay those employees the general prevailing rate of per diem wages if requested by Department.

Penalty. a. The Construction Manager Consultant and any Subconsultant under the Construction Manager of its Subconsultants shall comply with Labor Code Sections §1774 and §1775. Pursuant to Section Labor Code §1775, the Construction Manager Consultant and any Subconsultant shall forfeit to the State or political subdivision on whose behalf the Preconstruction Services Contract is made or awarded County a penalty of not more than fifty two hundred dollars ($50.00200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations DIR for the work or craft in which the worker is employed for any public work done under the Preconstruction Services Contract agreement by the Construction Manager Consultant or by any its Subconsultant under the Construction Manager in violation of the requirements of the Labor Code and in particular, Labor Code Sections §§1770 to 1780, inclusive. 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 Construction Manager Consultant or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the Construction Manager Consultant or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the Construction Manager 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 Construction Manager Consultant or Subconsultant had knowledge of the obligations under the Labor Code. The Construction Manager Consultant is responsible for paying the appropriate rate, including any escalations that take place during the term of the Preconstruction Services Contractagreement. c. 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 Construction Manager Consultant or Subconsultant. 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 Construction Manager prime Consultant of the project is not liable for the penalties described above unless the Construction Manager prime Consultant had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the Construction Manager prime Consultant fails to comply with all of the following requirements: i. 1. The Preconstruction Services Contract agreement executed between the Construction Manager Consultant and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Sections Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code1815. ii2. The Construction Manager 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. iii3. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the Construction Manager 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. iv4. Prior to making final payment to the Subconsultant for work performed on the public works project, the Construction Manager 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 Section 1813 of the Labor CodeCode §1813. e. Pursuant to Section 1775 of the Labor CodeCode §1775, Department County shall notify the Construction Manager Consultant on a public works project within 15 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. f. If Department County determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if Department County did not retain sufficient money under the contract agreement to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the Construction Manager Consultant shall withhold an amount of moneys due the Subcontractor Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by DepartmentCounty.

Penalty. a. A. The Construction Manager Contractor and any Subconsultant under the Construction Manager Subcontractor shall comply with Labor Code Sections 1774 and 1775. Pursuant to In accordance with said Section 1775, the Construction Manager and any Subconsultant Contractor shall forfeit to the State or political subdivision on whose behalf the Preconstruction Services Contract is made or awarded forfeit, as a penalty of to Caltrans, not more than fifty dollars ($50.00) 200 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the such work or craft in which the such worker is employed for any public work done under the Preconstruction Services Contract contract by the Construction Manager him or her, or by any Subconsultant Subcontractor under the Construction Manager him/her, in violation of the requirements provisions of the Labor Code and and, in particular, Labor Code Sections 1770 1775 to 1780, inclusiveinclusively. b. 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 Construction Manager Contractor or Subconsultant any Subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Construction Manager Contractor or Subconsultant any Subcontractor in meeting their respective his or her prevailing wage obligations, or the Contractor's willful failure by the Construction Manager 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 Construction Manager Contractor or Subconsultant any Subcontractor had knowledge of the obligations under the Labor Code. The Construction Manager 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 Preconstruction Services Contract. c. Labor 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 Construction Manager Contractor or Subconsultantany Subcontractor. d. 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 Construction Manager Contractor of the project is not liable for the any penalties described above unless the Construction Manager 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 Construction Manager Contractor fails to comply with all of the following requirements: i. 1) The Preconstruction Services Contract Agreement executed between the Construction Manager 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 of the Labor Code1815. ii. 2) The Construction Manager 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. iii. 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 Construction Manager 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. iv. 4) Prior to making final payment to the Subconsultant a Subcontractor for work performed on the public works project, the Construction Manager 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 Section 1813 of the Labor Code1813. e. D. Pursuant to Labor Code Section 1775 of the Labor Code1775, Department Caltrans shall notify the Construction Manager Contractor on a public works project within 15 days of receipt of a complaint that a Subconsultant Subcontractor has failed to pay workers the general prevailing rate of per diem wages. f. E. If Department Caltrans determines that employees of a Subconsultant Subcontractor were not paid the general prevailing rate of per diem wages and if Department Caltrans did not retain sufficient money under the contract to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the Construction Manager Contractor shall withhold an amount of moneys due the Subcontractor sufficient to pay those employees the general prevailing rate of per diem wages if requested by DepartmentCaltrans. F. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this Section 15.

Penalty. a. The Construction Manager Consultant and any Subconsultant under the Construction Manager of its Subconsultants shall comply with Labor Code Sections §1774 and §1775. Pursuant to Section Labor Code §1775, the Construction Manager Consultant and any Subconsultant shall forfeit to the State or political subdivision on whose behalf the Preconstruction Services Contract is made or awarded VCTC a penalty of not more than fifty two hundred dollars ($50.00200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations DIR for the work or craft in which the worker is employed for any public work done under the Preconstruction Services Contract Agreement by the Construction Manager Consultant or by any its Subconsultant under the Construction Manager in violation of the requirements of the Labor Code and in particular, Labor Code Sections §§1770 to 1780, inclusive. 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 Construction Manager Consultant or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the Construction Manager Consultant or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the Construction Manager 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 Construction Manager Consultant or Subconsultant had knowledge of the obligations under the Labor Code. The Construction Manager Consultant is responsible for paying the appropriate rate, including any escalations that take place during the term of the Preconstruction Services ContractAgreement. c. 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 Construction Manager Consultant or Subconsultant. 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 Construction Manager prime Consultant of the project is not liable for the penalties described above unless the Construction Manager prime Consultant had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the Construction Manager prime Consultant fails to comply with all of the following requirements: i. The Preconstruction Services Contract Agreement executed between the Construction Manager Consultant and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Sections Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code1815. ii. The Construction Manager 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. iii. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the Construction Manager 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. iv. Prior to making final payment to the Subconsultant for work performed on the public works project, the Construction Manager 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 Section 1813 of the Labor CodeCode §1813. e. Pursuant to Section 1775 of the Labor Code, Department shall notify the Construction Manager on a public works project within 15 days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages. f. If Department determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if Department did not retain sufficient money under the contract to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the Construction Manager shall withhold an amount of moneys due the Subcontractor sufficient to pay those employees the general prevailing rate of per diem wages if requested by Department.

Penalty. a. A. The Construction Manager Contractor and any Subconsultant under the Construction Manager Subcontractor shall comply with Labor Code Sections 1774 and 1775. Pursuant to In accordance with said Section 1775, the Construction Manager and any Subconsultant Contractor shall forfeit to the State or political subdivision on whose behalf the Preconstruction Services Contract is made or awarded forfeit, as a penalty of to Caltrans, not more than fifty dollars ($50.00) 200 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the such work or craft in which the such worker is employed for any public work done under the Preconstruction Services Contract contract by the Construction Manager him or her, or by any Subconsultant Subcontractor under the Construction Manager him/her, in violation of the requirements provisions of the Labor Code and and, in particular, Labor Code Sections 1770 1775 to 1780, inclusiveinclusively. b. 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 Construction Manager Contractor or Subconsultant any Subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Construction Manager Contractor or Subconsultant any Subcontractor in meeting their respective his or her prevailing wage obligations, or the Contractor's willful failure by the Construction Manager 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 Construction Manager Contractor or Subconsultant any Subcontractor had knowledge of the obligations under the Labor Code. The Construction Manager 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 Preconstruction Services Contract. c. Labor 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 Construction Manager Contractor or Subconsultantany Subcontractor. d. 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 Construction Manager Contractor of the project is not liable for the any penalties described above unless the Construction Manager 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 Construction Manager Contractor fails to comply with all of the following requirements: i. 1. The Preconstruction Services Contract Agreement executed between the Construction Manager 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 of the Labor Code1815. ii2. The Construction Manager 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. iii3. 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 Construction Manager 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. iv4. Prior to making final payment to the Subconsultant a Subcontractor for work performed on the public works project, the Construction Manager 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 Section 1813 of the Labor Code1813. e. D. Pursuant to Labor Code Section 1775 of the Labor Code1775, Department Caltrans shall notify the Construction Manager Contractor on a public works project within 15 days of receipt of a complaint that a Subconsultant Subcontractor has failed to pay workers the general prevailing rate of per diem wages. f. E. If Department Caltrans determines that employees of a Subconsultant Subcontractor were not paid the general prevailing rate of per diem wages and if Department Caltrans did not retain sufficient money under the contract to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the Construction Manager Contractor shall withhold an amount of moneys due the Subcontractor sufficient to pay those employees the general prevailing rate of per diem wages wages, if requested by DepartmentCaltrans. F. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this Section 15.