Common use of PREVAILING RATES OF WAGES Clause in Contracts

PREVAILING RATES OF WAGES. A. Contractor is aware of the requirements of California Labor Code sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, sections 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other related requirements on certain “public works” and “maintenance” projects. Since this Construction Services Agreement involves an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation for the Project is one thousand dollars ($1,000) or more, Contractor agrees to fully comply with such Prevailing Wage Laws. When determining the GMP, Contractor shall include, to the extent possible, anticipated general prevailing wage rates for the time when work on the Project will actually be performed. Contractor shall obtain a copy of the prevailing rates of per diem wages applicable to each craft, classification, or type of work needed to perform work on the Project from the website of the Office of Policy, Research, and Legislation of the DIR, located at xxx.xxx.xx.xxx/xxxx/. Copies of the prevailing rates of per diem wages for each craft, classification, or type of work needed to perform work on the Project are on file at the District office and are available to interested parties upon request. B. Contractor shall post a copy of the determination of the prevailing rates of per diem wages at the Site. Contractor shall also post at the Site a notice containing the following language: This public works project is subject to compliance monitoring and investigative activities by the Public Works Unit of the Division of Labor Standards Enforcement, Department of Industrial Relations, State of California. This notice is intended to provide information to all workers employed in the execution of the contract for public work and to all contractors and other persons having access to the job site in order to enable the Public Works Unit to ensure compliance with and enforcement of prevailing wage laws on public works projects. The prevailing wage laws require that all workers be paid at least the minimum hourly wage as determined by the Director of Industrial Relations for the specific classification (or type of work) performed by workers on this public works project. These wages are listed on a separate job site posting of minimum prevailing rates required to be maintained by the public entity that awarded the public works contract. Complaints concerning nonpayment of the required minimum wage rates to workers on this public works project may be filed with the Public Works Unit at any office of the Division of Labor Standards Enforcement. Local Office Telephone Number: (000) 000-0000 Complaints should be filed in writing immediately upon discovery of any violations of the prevailing wage laws. Complaints should contain details about the violations alleged (for example, wrong rate paid, not all hours paid, overtime rate not paid for hours worked in excess of 8 per day or 40 per week, etc.) as well as the name of the employer, the public entity that awarded the public works contract, and the location and name of the project. For general information concerning the prevailing wage laws and how to file a complaint concerning any violation of these prevailing wage laws, you may contact any Division of Labor Standards Enforcement office. Complaint forms are also available at the Department of Industrial Relations website, xxxxx://xxx.xxx.xx.xxx/dlse/DLSE- Forms.htm. C. Contractor and each Subcontractor shall forfeit as a penalty to District not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing rate for any work done by him, or by any subcontract under him, in violation of the provisions of the Prevailing Wage Laws. Such penalty shall be withheld from any Tenant Improvement Payment then due. The difference between such stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by Contractor or Subcontractor, as applicable. D. As a further material part of this Construction Services Agreement, Contractor agrees to hold harmless and indemnify District, its Board, and each member of the Board, its officers, employees, and agents from any and all claims, liability, loss, costs, damages, expenses, fines, and penalties, of whatever kind or nature, including all costs of defense and attorneys’ fees, arising from any alleged failure of Contractor or its Subcontractors to comply with the Prevailing Wage Laws. If District or any of the indemnified parties are named as a party in any dispute arising from the failure of Contractor or its Subcontractors to pay prevailing wages, Contractor agrees that District and the other indemnified parties may appoint their own independent counsel, and Contractor agrees to pay all attorneys’ fees and defense costs of District and the other indemnified parties as billed, in addition to all other damages, fines, penalties, and losses incurred by District and the other indemnified parties as a result of the action.

Appears in 8 contracts

Samples: Construction Services Agreement, Construction Services Agreement, Site Lease

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PREVAILING RATES OF WAGES. A. The Contractor is aware of the requirements of California Labor Code sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, sections section 16000 et seq. ("Prevailing Wage Laws”), ") which require the payment of prevailing wage rates and the performance of other related requirements on certain "public works" and "maintenance" projects. Since this Construction Services Agreement involves an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation for the Project is one thousand dollars ($1,000) 1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages applicable to the work to be performed by subcontractors from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at xxx.xxx.xx.xxx/xxxx/. In the alternative, the District shall provide Contractor with a copy of the prevailing rates of per diem wages applicable to the work to be performed by subcontractors. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the Project site. Contractor shall defend, indemnify and hold the District, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws. When determining the GMP, Contractor shall include, include to the extent possible, possible anticipated general prevailing wage rates for the time when work on the Project will actually be performed. Contractor shall obtain a copy of the prevailing rates of per diem wages applicable to each craft, classification, or type of work needed to perform work on the Project from the website of the Office of Policy, Research, and Legislation of the DIR, located at xxx.xxx.xx.xxx/xxxx/. Copies of the prevailing rates of per diem wages for each craft, classification, or type of work needed to perform work on the Project are on file at the District office and are available to interested parties upon request. B. Contractor shall post a copy of the determination of the prevailing rates of per diem wages at the Site. Contractor shall also post at the Site a notice containing the following language: This public works project is subject to compliance monitoring and investigative activities by the Public Works Unit of the Division of Labor Standards Enforcement, Department of Industrial Relations, State of California. This notice is intended to provide information to all workers employed in the execution of the contract for public work and to all contractors and other persons having access to the job site in order to enable the Public Works Unit to ensure compliance with and enforcement of prevailing wage laws on public works projects. The prevailing wage laws require that all workers be paid at least the minimum hourly wage as determined by the Director of Industrial Relations for the specific classification (or type of work) performed by workers on this public works project. These wages are listed on a separate job site posting of minimum prevailing rates required to be maintained by the public entity that awarded the public works contract. Complaints concerning nonpayment of the required minimum wage rates to workers on this public works project may be filed with the Public Works Unit at any office of the Division of Labor Standards Enforcement. Local Office Telephone Number: (000) 000-0000 Complaints should be filed in writing immediately upon discovery of any violations of the prevailing wage laws. Complaints should contain details about the violations alleged (for example, wrong rate paid, not all hours paid, overtime rate not paid for hours worked in excess of 8 per day or 40 per week, etc.) as well as the name of the employer, the public entity that awarded the public works contract, and the location and name of the project. For general information concerning the prevailing wage laws and how to file a complaint concerning any violation of these prevailing wage laws, you may contact any Division of Labor Standards Enforcement office. Complaint forms are also available at the Department of Industrial Relations website, xxxxx://xxx.xxx.xx.xxx/dlse/DLSE- Forms.htm. C. Contractor and each Subcontractor subcontractor shall forfeit as a penalty to the District not more than two hundred fifty dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing rate for any work done by him, or by any subcontract under him, in violation of the provisions of the Prevailing Wage Laws. Such penalty shall be withheld from any Tenant Improvement Payment then dueCalifornia Labor Code. The difference between such stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by Contractor or Subcontractor, as applicablethe Contractor. D. C. As a further material part of this Construction Services Agreement, Contractor agrees to hold harmless and indemnify the District, its Board, Board and each member of the Board, its officers, employees, employees and agents from any and all claims, liability, loss, costs, damages, expenses, fines, fines and penalties, of whatever kind or nature, including all costs of defense and attorneys' fees, arising from any alleged failure of Contractor or its Subcontractors subcontractors to comply with the Prevailing Wage Laws. If the District or any of the indemnified parties are named as a party in any dispute arising from the failure of Contractor or its Subcontractors subcontractors to pay prevailing wages, Contractor agrees that the District and the other indemnified parties may appoint their own independent counsel, and Contractor agrees to pay all attorneys' fees and defense costs of the District and the other indemnified parties as billed, in addition to all other damages, fines, penalties, penalties and losses incurred by the District and the other indemnified parties as a result of the action.

Appears in 5 contracts

Samples: Construction Services Agreement, Construction Services Agreement, Construction Services Agreement

PREVAILING RATES OF WAGES. A. Contractor is aware of the requirements of California Labor Code sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, sections 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other related requirements on certain “public works” and “maintenance” projects. Since this Construction Services Agreement involves an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation for the Project is one thousand dollars ($1,000) or more, Contractor agrees to fully comply with such Prevailing Wage Laws. When determining the GMP, Contractor shall include, to the extent possible, anticipated general prevailing wage rates for the time when work on the Project will actually be performed. Contractor shall obtain a copy of the prevailing rates of per diem wages applicable to each craft, classification, or type of work needed to perform work on the Project from the website of the Office of Policy, Research, and Legislation of the DIR, located at xxx.xxx.xx.xxx/xxxx/. Copies of the prevailing rates of per diem wages for each craft, classification, or type of work needed to perform work on the Project are on file at the District office and are available to interested parties upon request. B. Contractor shall post a copy of the determination of the prevailing rates of per diem wages at the Site. Contractor shall also post at the Site a notice containing the following language: This public works project is subject to compliance monitoring and investigative activities by the Public Works Unit of the Division of Labor Standards Enforcement, Department of Industrial Relations, State of California. This notice is intended to provide information to all workers employed in the execution of the contract for public work and to all contractors and other persons having access to the job site in order to enable the Public Works Unit to ensure compliance with and enforcement of prevailing wage laws on public works projects. The prevailing wage laws require that all workers be paid at least the minimum hourly wage as determined by the Director of Industrial Relations for the specific classification (or type of work) performed by workers on this public works project. These wages are listed on a separate job site posting of minimum prevailing rates required to be maintained by the public entity that awarded the public works contract. Complaints concerning nonpayment of the required minimum wage rates to workers on this public works project may be filed with the Public Works Unit at any office of the Division of Labor Standards Enforcement. Local Office Telephone Number: (000) 000-0000 Complaints should be filed in writing immediately upon discovery of any violations of the prevailing wage laws. Complaints should contain details about the violations alleged (for example, wrong rate paid, not all hours paid, overtime rate not paid for hours worked in excess of 8 per day or 40 per week, etc.) as well as the name of the employer, the public entity that awarded the public works contract, and the location and name of the project. For general information concerning the prevailing wage laws and how to file a complaint concerning any violation of these prevailing wage laws, you may contact any Division of Labor Standards Enforcement office. Complaint forms are also available at the Department of Industrial Relations website, xxxxx://xxx.xxx.xx.xxx/dlse/DLSE- Forms.htmxxxxx://xxx.xxx.xx.xxx/dlse/DLSE-Forms.htm. C. Contractor and each Subcontractor shall forfeit as a penalty to District not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing rate for any work done by him, or by any subcontract under him, in violation of the provisions of the Prevailing Wage Laws. Such penalty shall be withheld from any Tenant Improvement Payment then due. The difference between such stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by Contractor or Subcontractor, as applicable. D. As a further material part of this Construction Services Agreement, Contractor agrees to hold harmless and indemnify District, its Board, and each member of the Board, its officers, employees, and agents from any and all claims, liability, loss, costs, damages, expenses, fines, and penalties, of whatever kind or nature, including all costs of defense and attorneys’ fees, arising from any alleged failure of Contractor or its Subcontractors to comply with the Prevailing Wage Laws. If District or any of the indemnified parties are named as a party in any dispute arising from the failure of Contractor or its Subcontractors to pay prevailing wages, Contractor agrees that District and the other indemnified parties may appoint their own independent counsel, and Contractor agrees to pay all attorneys’ fees and defense costs of District and the other indemnified parties as billed, in addition to all other damages, fines, penalties, and losses incurred by District and the other indemnified parties as a result of the action.

Appears in 4 contracts

Samples: Construction Services Agreement, Construction Services Agreement, Construction Services Agreement

PREVAILING RATES OF WAGES. A. The Contractor is aware of the requirements of California Labor Code sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, sections section 16000 et seq. ("Prevailing Wage Laws”), ") which require the payment of prevailing wage rates and the performance of other related requirements on certain "public works" and "maintenance" projects. Since this Construction Services Agreement involves an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation for the Project is one thousand dollars ($1,000) 1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages applicable to the work to be performed by subcontractors from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at xxx.xxx.xx.xxx/xxxx/. In the alternative, the District shall provide Contractor with a copy of the prevailing rates of per diem wages applicable to the work to be performed by subcontractors. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the Project site. Contractor shall defend, indemnify and hold the District, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws. When determining the GMP, Contractor shall include, include to the extent possible, possible anticipated general prevailing wage rates for the time when work on the Project will actually be performed. Contractor shall obtain a copy of the prevailing rates of per diem wages applicable to each craft, classification, or type of work needed to perform work on the Project from the website of the Office of Policy, Research, and Legislation of the DIR, located at xxx.xxx.xx.xxx/xxxx/. Copies of the prevailing rates of per diem wages for each craft, classification, or type of work needed to perform work on the Project are on file at the District office and are available to interested parties upon request. B. Contractor shall post a copy of the determination of the prevailing rates of per diem wages at the Site. Contractor shall also post at the Site a notice containing the following language: This public works project is subject to compliance monitoring and investigative activities by the Public Works Unit of the Division of Labor Standards Enforcement, Department of Industrial Relations, State of California. This notice is intended to provide information to all workers employed in the execution of the contract for public work and to all contractors and other persons having access to the job site in order to enable the Public Works Unit to ensure compliance with and enforcement of prevailing wage laws on public works projects. The prevailing wage laws require that all workers be paid at least the minimum hourly wage as determined by the Director of Industrial Relations for the specific classification (or type of work) performed by workers on this public works project. These wages are listed on a separate job site posting of minimum prevailing rates required to be maintained by the public entity that awarded the public works contract. Complaints concerning nonpayment of the required minimum wage rates to workers on this public works project may be filed with the Public Works Unit at any office of the Division of Labor Standards Enforcement. Local Office Telephone Number: (000) 000-0000 Complaints should be filed in writing immediately upon discovery of any violations of the prevailing wage laws. Complaints should contain details about the violations alleged (for example, wrong rate paid, not all hours paid, overtime rate not paid for hours worked in excess of 8 per day or 40 per week, etc.) as well as the name of the employer, the public entity that awarded the public works contract, and the location and name of the project. For general information concerning the prevailing wage laws and how to file a complaint concerning any violation of these prevailing wage laws, you may contact any Division of Labor Standards Enforcement office. Complaint forms are also available at the Department of Industrial Relations website, xxxxx://xxx.xxx.xx.xxx/dlse/DLSE- Forms.htm. C. Contractor and each Subcontractor subcontractor shall forfeit as a penalty to the District not more than two hundred fifty dollars ($20050) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing rate for any work done by him, or by any subcontract under him, in violation of the provisions of the Prevailing Wage Laws. Such penalty shall be withheld from any Tenant Improvement Payment then dueCalifornia Labor Code. The difference between such stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by Contractor or Subcontractor, as applicablethe Contractor. D. C. As a further material part of this Construction Services Agreement, Contractor agrees to hold harmless and indemnify the District, its Board, Board and each member of the Board, its officers, employees, employees and agents from any and all claims, liability, loss, costs, damages, expenses, fines, fines and penalties, of whatever kind or nature, including all costs of defense and attorneys' fees, arising from any alleged failure of Contractor or its Subcontractors subcontractors to comply with the Prevailing Wage Laws. If the District or any of the indemnified parties are named as a party in any dispute arising from the failure of Contractor or its Subcontractors subcontractors to pay prevailing wages, Contractor agrees that the District and the other indemnified parties may appoint their own independent counsel, and Contractor agrees to pay all attorneys' fees and defense costs of the District and the other indemnified parties as billed, in addition to all other damages, fines, penalties, penalties and losses incurred by the District and the other indemnified parties as a result of the action.

Appears in 2 contracts

Samples: Construction Services Agreement, Construction Services Agreement

PREVAILING RATES OF WAGES. A. Contractor is aware of the requirements of California Labor Code sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, sections section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other related requirements on certain “public works” and “maintenance” projects. Since this Construction Services Agreement involves an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation for the Project is one thousand dollars ($1,000) 1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall obtain a copy of the prevailing rates of per diem wages applicable to the work to be performed by Subcontractors from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at xxx.xxx.xx.xxx/xxxx/. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the Site. Contractor shall defend, indemnify, and hold District, its elected officials, officers, employees, and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure, or alleged failure, to comply with the Prevailing Wage Laws and regulations. When determining the GMP, Contractor shall include, to the extent possible, anticipated general prevailing wage rates for the time when work on the Project will actually be performed. Contractor shall obtain a copy of the prevailing rates of per diem wages applicable to each craft, classification, or type of work needed to perform work on the Project from the website of the Office of Policy, Research, and Legislation of the DIR, located at xxx.xxx.xx.xxx/xxxx/. Copies of the prevailing rates of per diem wages for each craft, classification, or type of work needed to perform work on the Project are on file at the District office and are available to interested parties upon request. B. Contractor shall post a copy of the determination of the prevailing rates of per diem wages at the Site. Contractor shall also post at the Site a notice containing the following language: This public works project is subject to compliance monitoring and investigative activities by the Public Works Unit of the Division of Labor Standards Enforcement, Department of Industrial Relations, State of California. This notice is intended to provide information to all workers employed in the execution of the contract for public work and to all contractors and other persons having access to the job site in order to enable the Public Works Unit to ensure compliance with and enforcement of prevailing wage laws on public works projects. The prevailing wage laws require that all workers be paid at least the minimum hourly wage as determined by the Director of Industrial Relations for the specific classification (or type of work) performed by workers on this public works project. These wages are listed on a separate job site posting of minimum prevailing rates required to be maintained by the public entity that awarded the public works contract. Complaints concerning nonpayment of the required minimum wage rates to workers on this public works project may be filed with the Public Works Unit at any office of the Division of Labor Standards Enforcement. Local Office Telephone Number: (000) 000-0000 Complaints should be filed in writing immediately upon discovery of any violations of the prevailing wage laws. Complaints should contain details about the violations alleged (for example, wrong rate paid, not all hours paid, overtime rate not paid for hours worked in excess of 8 per day or 40 per week, etc.) as well as the name of the employer, the public entity that awarded the public works contract, and the location and name of the project. For general information concerning the prevailing wage laws and how to file a complaint concerning any violation of these prevailing wage laws, you may contact any Division of Labor Standards Enforcement office. Complaint forms are also available at the Department of Industrial Relations website, xxxxx://xxx.xxx.xx.xxx/dlse/DLSE- Forms.htm. C. Contractor and each Subcontractor shall forfeit as a penalty to District not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing rate for any work done by him, or by any subcontract under him, in violation of the provisions of the Prevailing Wage Laws. Such penalty shall be withheld from any Tenant Improvement Payment then dueCalifornia Labor Code. The difference between such stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by Contractor or Subcontractor, as applicableContractor. D. C. As a further material part of this Construction Services Agreement, Contractor agrees to hold harmless and indemnify District, its Board, and each member of the Board, its officers, employees, and agents from any and all claims, liability, loss, costs, damages, expenses, fines, and penalties, of whatever kind or nature, including all costs of defense and attorneys’ fees, arising from any alleged failure of Contractor or its Subcontractors to comply with the Prevailing Wage LawsLaws of the State of California. If District or any of the indemnified parties are named as a party in any dispute arising from the failure of Contractor or its Subcontractors to pay prevailing wages, Contractor agrees that District and the other indemnified parties may appoint their own independent counsel, and Contractor agrees to pay all attorneys’ fees and defense costs of District and the other indemnified parties as billed, in addition to all other damages, fines, penalties, and losses incurred by District and the other indemnified parties as a result of the action.

Appears in 1 contract

Samples: Construction Services Agreement

PREVAILING RATES OF WAGES. A. The Contractor is aware of the requirements of California Labor Code sections Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, sections section 16000 et seq. (“Prevailing Wage Laws”), ) which require the payment of prevailing wage rates and the performance of other related requirements on certain “public works” and “maintenance” projects. Since this Construction Services Agreement involves an applicable “public pubic works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation for the Project is one thousand dollars One Thousand Dollars ($1,0001,000.00) or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages applicable to the work to be performed by subcontractors from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at xxx.xxx.xx.xxx/xxxx/. In the alternative, the District shall provide Contractor with a copy of the prevailing rates of per diem wages applicable to the work to be performed by subcontractors. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and hold the District, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws. When determining the GMP, Contractor shall include, include to the extent possible, possible anticipated general prevailing wage rates for the time when work on the Project will actually be performed. Contractor shall obtain a copy of the prevailing rates of per diem wages applicable to each craft, classification, or type of work needed to perform work on the Project from the website of the Office of Policy, Research, and Legislation of the DIR, located at xxx.xxx.xx.xxx/xxxx/. Copies of the prevailing rates of per diem wages for each craft, classification, or type of work needed to perform work on the Project are on file at the District office and are available to interested parties upon request. B. Contractor shall post a copy of the determination of the prevailing rates of per diem wages at the Site. Contractor shall also post at the Site a notice containing the following language: This public works project is subject to compliance monitoring and investigative activities by the Public Works Unit of the Division of Labor Standards Enforcement, Department of Industrial Relations, State of California. This notice is intended to provide information to all workers employed in the execution of the contract for public work and to all contractors and other persons having access to the job site in order to enable the Public Works Unit to ensure compliance with and enforcement of prevailing wage laws on public works projects. The prevailing wage laws require that all workers be paid at least the minimum hourly wage as determined by the Director of Industrial Relations for the specific classification (or type of work) performed by workers on this public works project. These wages are listed on a separate job site posting of minimum prevailing rates required to be maintained by the public entity that awarded the public works contract. Complaints concerning nonpayment of the required minimum wage rates to workers on this public works project may be filed with the Public Works Unit at any office of the Division of Labor Standards Enforcement. Local Office Telephone Number: (000) 000-0000 Complaints should be filed in writing immediately upon discovery of any violations of the prevailing wage laws. Complaints should contain details about the violations alleged (for example, wrong rate paid, not all hours paid, overtime rate not paid for hours worked in excess of 8 per day or 40 per week, etc.) as well as the name of the employer, the public entity that awarded the public works contract, and the location and name of the project. For general information concerning the prevailing wage laws and how to file a complaint concerning any violation of these prevailing wage laws, you may contact any Division of Labor Standards Enforcement office. Complaint forms are also available at the Department of Industrial Relations website, xxxxx://xxx.xxx.xx.xxx/dlse/DLSE- Forms.htm. C. Contractor and each Subcontractor subcontractor shall forfeit as a penalty to the District not more than two hundred dollars Fifty Dollars ($20050.00) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing rate for any work done by him, or by any subcontract under him, in violation of the provisions of the Prevailing Wage Laws. Such penalty shall be withheld from any Tenant Improvement Payment then dueCalifornia Labor Code. The difference between such stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by Contractor or Subcontractor, as applicablethe Contractor. D. C. As a further material part of this Construction Services Agreement, Contractor agrees to hold harmless and indemnify the District, its Board, Board and each member of the Board, its officers, employees, employees and agents from any and all claims, liability, loss, costs, damages, expenses, fines, fines and penalties, of whatever kind or nature, including all costs of defense and attorneys’ fees, arising from any alleged failure of Contractor or its Subcontractors subcontractors to comply with the Prevailing Wage Lawsprevailing wage laws of the State of California. If the District or any of the indemnified parties are named as a party in any dispute arising from the failure of Contractor or its Subcontractors subcontractors to pay prevailing wages, Contractor agrees that the District and the other indemnified parties may appoint their own independent counsel, and Contractor agrees to pay all attorneys’ fees and defense costs of the District and the other indemnified parties as billed, in addition to all other damages, fines, penalties, penalties and losses incurred by the District and the other indemnified parties as a result of the action.

Appears in 1 contract

Samples: Construction Services Agreement

PREVAILING RATES OF WAGES. A. The Contractor is aware of the requirements of California Labor Code sections Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, sections Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other related requirements on certain “public works” and “maintenance” projects. Since this Construction Services Agreement Project involves an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation for the Project is one thousand dollars ($1,000) 1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. When determining the GMP, Contractor shall include, to the extent possible, anticipated general prevailing wage rates for the time when work on the Project will actually be performed. The Contractor shall obtain a copy of the prevailing rates of per diem wages applicable to each craft, classification, or type at the commencement of work needed to perform work on the Project this Contract from the website of the Office Division of Policy, Research, Labor Statistics and Legislation Research of the DIR, Department of Industrial Relations located at xxx.xxx.xx.xxx/xxxx/. Copies xxx.xxx.xx.xxx. In the alternative, the Contractor may view a copy of the prevailing rate of per diem wages which are on file at MTS’s Administration Office and shall be made available to interested parties upon request. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of work worker needed to perform work on the Project are on file at the District office and are available to interested parties upon request. B. Contractor , and shall post a copy of the determination of the prevailing rates of per diem wages copies at the SiteContractor’s principal place of business and at the Project site. Contractor shall also post at the Site a notice containing the following language: This public works project is subject to compliance monitoring defend, indemnify and investigative activities by the Public Works Unit hold MTS, its Board, members of the Division Board, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of Labor Standards Enforcement, Department of Industrial Relations, State of California. This notice is intended any failure or allege failure to provide information to all workers employed in comply with the execution of the contract for public work and to all contractors and other persons having access to the job site in order to enable the Public Works Unit to ensure compliance with and enforcement of prevailing wage laws on public works projectsPrevailing Wage Laws. The prevailing wage laws require that all workers be paid at least the minimum hourly wage as determined by the Director of Industrial Relations for the specific classification (or type of work) performed by workers on this public works project. These wages are listed on a separate job site posting of minimum prevailing rates required to be maintained by the public entity that awarded the public works contract. Complaints concerning nonpayment of the required minimum wage rates to workers on this public works project may be filed with the Public Works Unit at any office of the Division of Labor Standards Enforcement. Local Office Telephone Number: (000) 000-0000 Complaints should be filed in writing immediately upon discovery of any violations of the prevailing wage laws. Complaints should contain details about the violations alleged (for example, wrong rate paid, not all hours paid, overtime rate not paid for hours worked in excess of 8 per day or 40 per week, etc.) as well as the name of the employer, the public entity that awarded the public works contract, and the location and name of the project. For general information concerning the prevailing wage laws and how to file a complaint concerning any violation of these prevailing wage laws, you may contact any Division of Labor Standards Enforcement office. Complaint forms are also available at the Department of Industrial Relations website, xxxxx://xxx.xxx.xx.xxx/dlse/DLSE- Forms.htm. C. Contractor and each Subcontractor shall forfeit as a penalty to District MTS not more than two hundred dollars Two Hundred Dollars ($200) 200.00), pursuant to Labor Code Section 1775, for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rate as determined by the Director of the Department of Industrial Relations for such work or craft in which such worker is employed for any public work done under the Contract by him, it or by any subcontract subcontractor under him, in violation of the provisions of the Prevailing Wage Laws. Such penalty shall be withheld from any Tenant Improvement Payment then dueit. The difference between such stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof thereof, for which each worker was paid less than the stipulated prevailing wage rate rate, shall be paid to each worker by the Contractor. Contractor shall post, at appropriate conspicuous points on the Project site, a schedule showing all determined general prevailing wage rates and all authorized deductions, if any, from unpaid wages actually earned. Because the Project involves federal funds or Subcontractorotherwise requires compliance with the Xxxxx- Xxxxx Fair Labor Standards Act, as applicable. D. As a further material part of this Construction Services Agreement, the Contractor agrees to hold harmless and indemnify District, all its Board, and each member sub-contractors shall pay the higher of the Board, its officers, employees, and agents from any and all claims, liability, loss, costs, damages, expenses, fines, and penalties, of whatever kind state or nature, including all costs of defense and attorneys’ fees, arising from any alleged failure of Contractor or its Subcontractors to comply with the Prevailing Wage Laws. If District or any of the indemnified parties are named as a party in any dispute arising from the failure of Contractor or its Subcontractors to pay federal prevailing wages, Contractor agrees that District and the other indemnified parties may appoint their own independent counsel, and Contractor agrees to pay all attorneys’ fees and defense costs of District and the other indemnified parties as billed, in addition to all other damages, fines, penalties, and losses incurred by District and the other indemnified parties as a result of the actionwage rates.

Appears in 1 contract

Samples: Construction Agreement

PREVAILING RATES OF WAGES. A. Contractor is aware of the requirements of California Labor Code sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, sections section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other related requirements on certain “public works” and “maintenance” projects. Since this Construction Services Agreement involves an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation for the Project is one thousand dollars ($1,000) 1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall obtain a copy of the prevailing rates of per diem wages applicable to the work to be performed by Subcontractors from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at xxx.xxx.xx.xxx/xxxx/. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at Contractor’s principal place of business and at the Site. Contractor shall defend, indemnify, and hold District, its elected officials, officers, employees, and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure, or alleged failure, to comply with the Prevailing Wage Laws and regulations. When determining the GMP, Contractor shall include, to the extent possible, anticipated general prevailing wage rates for the time when work on the Project will actually be performed. Contractor shall obtain a copy of the prevailing rates of per diem wages applicable to each craft, classification, or type of work needed to perform work on the Project from the website of the Office of Policy, Research, and Legislation of the DIR, located at xxx.xxx.xx.xxx/xxxx/. Copies of the prevailing rates of per diem wages for each craft, classification, or type of work needed to perform work on the Project are on file at the District office and are available to interested parties upon request. B. Contractor shall post a copy of the determination of the prevailing rates of per diem wages at the Site. Contractor shall also post at the Site a notice containing the following language: This public works project is subject to compliance monitoring and investigative activities by the Public Works Unit of the Division of Labor Standards Enforcement, Department of Industrial Relations, State of California. This notice is intended to provide information to all workers employed in the execution of the contract for public work and to all contractors and other persons having access to the job site in order to enable the Public Works Unit to ensure compliance with and enforcement of prevailing wage laws on public works projects. The prevailing wage laws require that all workers be paid at least the minimum hourly wage as determined by the Director of Industrial Relations for the specific classification (or type of work) performed by workers on this public works project. These wages are listed on a separate job site posting of minimum prevailing rates required to be maintained by the public entity that awarded the public works contract. Complaints concerning nonpayment of the required minimum wage rates to workers on this public works project may be filed with the Public Works Unit at any office of the Division of Labor Standards Enforcement. Local Office Telephone Number: (000) 000-0000 Complaints should be filed in writing immediately upon discovery of any violations of the prevailing wage laws. Complaints should contain details about the violations alleged (for example, wrong rate paid, not all hours paid, overtime rate not paid for hours worked in excess of 8 per day or 40 per week, etc.) as well as the name of the employer, the public entity that awarded the public works contract, and the location and name of the project. For general information concerning the prevailing wage laws and how to file a complaint concerning any violation of these prevailing wage laws, you may contact any Division of Labor Standards Enforcement office. Complaint forms are also available at the Department of Industrial Relations website, xxxxx://xxx.xxx.xx.xxx/dlse/DLSE- Forms.htm. C. Contractor and each Subcontractor shall forfeit as a penalty to District not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing rate for any work done by him, or by any subcontract under him, in violation of the provisions of the Prevailing Wage Laws. Such penalty shall be withheld from any Tenant Improvement Payment then dueCalifornia Labor Code. The difference between such stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by Contractor or Subcontractor, as applicable. D. Contractor. As a further material part of this Construction Services Agreement, Contractor agrees to hold harmless and indemnify District, its Board, and each member of the Board, its officers, employees, and agents from any and all claims, liability, loss, costs, damages, expenses, fines, and penalties, of whatever kind or nature, including all costs of defense and attorneys’ fees, arising from any alleged failure of Contractor or its Subcontractors to comply with the Prevailing Wage LawsLaws of the State of California. If District or any of the indemnified parties are named as a party in any dispute arising from the failure of Contractor or its Subcontractors to pay prevailing wages, Contractor agrees that District and the other indemnified parties may appoint their own independent counsel, and Contractor agrees to pay all attorneys’ fees and defense costs of District and the other indemnified parties as billed, in addition to all other damages, fines, penalties, and losses incurred by District and the other indemnified parties as a result of the action.

Appears in 1 contract

Samples: Construction Services Agreement

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PREVAILING RATES OF WAGES. A. 1. Contractor is aware of the requirements of California Labor Code sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, sections Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other related requirements on certain “public works” and “maintenance” projects. Since this Construction Services Agreement Project involves an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation for the Project is one thousand dollars ($1,000) 1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. When determining the GMP, Contractor shall include, to the extent possible, anticipated general prevailing wage rates for the time when work on the Project will actually be performed. Contractor shall obtain a copy of the prevailing rates of per diem wages applicable to each craft, classification, or type at the commencement of work needed to perform work on the Project this Contract from the website of the Office Division of Policy, Research, Labor Statistics and Legislation Research of the DIR, Department of Industrial Relations located at xxx.xxx.xx.xxx/xxxx/. Copies xxx.xxx.xx.xxx. In the alternative, the Contractor may view a copy of the prevailing rate of per diem wages which are on file at the Agency and shall be made available to interested parties upon request. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of work worker needed to perform work on the Project are on file at the District office and are available to interested parties upon request. B. Contractor , and shall post a copy of the determination of the prevailing rates of per diem wages copies at the SiteContractor’s principal place of business and at the Project site. Contractor shall also post at defend, indemnify and hold the Site a notice containing the following language: This public works project is subject Agency, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to compliance monitoring and investigative activities by the Public Works Unit of the Division of Labor Standards Enforcement, Department of Industrial Relations, State of California. This notice is intended to provide information to all workers employed in the execution of the contract for public work and to all contractors and other persons having access to the job site in order to enable the Public Works Unit to ensure compliance with and enforcement of prevailing wage laws on public works projects. The prevailing wage laws require that all workers be paid at least the minimum hourly wage as determined by the Director of Industrial Relations for the specific classification (or type of work) performed by workers on this public works project. These wages are listed on a separate job site posting of minimum prevailing rates required to be maintained by the public entity that awarded the public works contract. Complaints concerning nonpayment of the required minimum wage rates to workers on this public works project may be filed comply with the Public Works Unit at any office of the Division of Labor Standards Enforcement. Local Office Telephone Number: (000) 000-0000 Complaints should be filed in writing immediately upon discovery of any violations of the prevailing wage laws. Complaints should contain details about the violations alleged (for example, wrong rate paid, not all hours paid, overtime rate not paid for hours worked in excess of 8 per day or 40 per week, etc.) as well as the name of the employer, the public entity that awarded the public works contract, and the location and name of the project. For general information concerning the prevailing wage laws and how to file a complaint concerning any violation of these prevailing wage laws, you may contact any Division of Labor Standards Enforcement office. Complaint forms are also available at the Department of Industrial Relations website, xxxxx://xxx.xxx.xx.xxx/dlse/DLSE- Forms.htmPrevailing Wage Laws. C. 2. Contractor and each Subcontractor shall forfeit as a penalty to District the Agency not more than two hundred dollars Two Hundred Dollars ($200) 200.00), pursuant to Labor Code section 1775, for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rate as determined by the Director of the DIR for such work or craft in which such worker is employed for any public work done under the Contract by him, it or by any subcontract Subcontractor under him, in violation of the provisions of the Prevailing Wage Laws. Such penalty shall be withheld from any Tenant Improvement Payment then dueit. The difference between such stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof thereof, for which each worker was paid less than the stipulated prevailing wage rate rate, shall be paid to each worker by Contractor or Subcontractor, as applicablethe Contractor. D. As 3. Contractor shall post, at appropriate conspicuous points on the Project Site, a further material part of this Construction Services Agreement, Contractor agrees to hold harmless and indemnify District, its Board, and each member of the Board, its officers, employees, and agents from any schedule showing all determined general prevailing wage rates and all claimsauthorized deductions, liabilityif any, loss, costs, damages, expenses, fines, and penalties, of whatever kind or nature, including all costs of defense and attorneys’ fees, arising from any alleged failure of Contractor or its Subcontractors to comply with the Prevailing Wage Laws. If District or any of the indemnified parties are named as a party in any dispute arising from the failure of Contractor or its Subcontractors to pay prevailing wages, Contractor agrees that District and the other indemnified parties may appoint their own independent counsel, and Contractor agrees to pay all attorneys’ fees and defense costs of District and the other indemnified parties as billed, in addition to all other damages, fines, penalties, and losses incurred by District and the other indemnified parties as a result of the actionunpaid wages actually earned.

Appears in 1 contract

Samples: Construction Manager at Risk Contract

PREVAILING RATES OF WAGES. A. Contractor is aware Builder must obtain from the Department of Industrial Relations the requirements general prevailing rates of California Labor Code sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, sections 16000 et seq. (“Prevailing Wage Laws”), wages in the locality in which require the payment of prevailing wage rates and the performance of other related requirements on certain “public works” and “maintenance” projects. Since this Construction Services Agreement involves an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation for the Project is one thousand dollars ($1,000) or moreto be performed and it shall be mandatory upon Builder and upon any Subcontractor to pay not less than the specified rate to all workers employed in the execution of the Project. Builder shall cause a copy to be posted at the Site. Copies of the prevailing rates of wages shall also be on file at the District office, Contractor agrees to fully comply with such Prevailing Wage Laws0000 00xx Xxxxxx, Xxxxxxxxxx, XX, 00000, and will be available for review by any interested party upon request. When determining the GMP, Contractor Builder shall include, include to the extent possible, possible anticipated general prevailing wage rates for the time when work on the Project will actually be performed. Contractor shall obtain a copy of performed to avoid having to modify the prevailing rates of per diem wages applicable to each craft, classification, or type of work needed to perform work on the Project from the website of the Office of Policy, Research, and Legislation of the DIR, located at xxx.xxx.xx.xxx/xxxx/. Copies of the prevailing rates of per diem wages for each craft, classification, or type of work needed to perform work on the Project are on file at the District office and are available to interested parties upon requestGMP. B. Contractor shall post a copy of the determination of the prevailing rates of per diem wages at the Site. Contractor shall also post at the Site a notice containing the following language: This public works project is subject to compliance monitoring and investigative activities by the Public Works Unit of the Division of Labor Standards Enforcement, Department of Industrial Relations, State of California. This notice is intended to provide information to all workers employed in the execution of the contract for public work and to all contractors and other persons having access to the job site in order to enable the Public Works Unit to ensure compliance with and enforcement of prevailing wage laws on public works projects. The prevailing wage laws require that all workers be paid at least the minimum hourly wage as determined by the Director of Industrial Relations for the specific classification (or type of work) performed by workers on this public works project. These wages are listed on a separate job site posting of minimum prevailing rates required to be maintained by the public entity that awarded the public works contract. Complaints concerning nonpayment of the required minimum wage rates to workers on this public works project may be filed with the Public Works Unit at any office of the Division of Labor Standards Enforcement. Local Office Telephone Number: (000) 000-0000 Complaints should be filed in writing immediately upon discovery of any violations of the prevailing wage laws. Complaints should contain details about the violations alleged (for example, wrong rate paid, not all hours paid, overtime rate not paid for hours worked in excess of 8 per day or 40 per week, etc.) as well as the name of the employer, the public entity that awarded the public works contract, and the location and name of the project. For general information concerning the prevailing wage laws and how to file a complaint concerning any violation of these prevailing wage laws, you may contact any Division of Labor Standards Enforcement office. Complaint forms are also available at the Department of Industrial Relations website, xxxxx://xxx.xxx.xx.xxx/dlse/DLSE- Forms.htm. C. Contractor and each Subcontractor Builder shall forfeit as a penalty to the District not more than two hundred fifty dollars ($20050) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing rate for any work done by him, except as provided in Labor Code section 1775 subdivision (b), or by any subcontract subcontractor under him, in violation of the provisions of the Prevailing Wage Laws. Such penalty shall be withheld from any Tenant Improvement Payment then dueCalifornia Labor Code. The difference between such stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by Contractor or Subcontractor, as applicableBuilder. D. As a further material part C. The Builder and each Subcontractor under him shall keep or cause to be kept an accurate record for work on this Project showing the names, addresses, social security numbers, work classification, straight time and overtime hours worked and occupations of all laborers, workers and mechanics employed by them in connection with the performance of this Construction Services Agreement, Contractor agrees to hold harmless and indemnify District, its BoardAgreement or any subcontract thereunder, and showing also the actual per diem wage paid to each member of such workers, which records shall be open at all reasonable hours to inspection by the BoardDistrict, its officers, employeesand agents, and agents from any and all claims, liability, loss, costs, damages, expenses, fines, and penalties, of whatever kind or nature, including all costs of defense and attorneys’ fees, arising from any alleged failure of Contractor or its Subcontractors to comply with the Prevailing Wage Laws. If District or any representatives of the indemnified parties are named as a party in any dispute arising from the failure Division of Contractor or its Subcontractors to pay prevailing wages, Contractor agrees that District and the other indemnified parties may appoint their own independent counsel, and Contractor agrees to pay all attorneys’ fees and defense costs of District and the other indemnified parties as billed, in addition to all other damages, fines, penalties, and losses incurred by District and the other indemnified parties as a result Labor Law Enforcement of the actionState Department of Industrial Relations.

Appears in 1 contract

Samples: Lease Leaseback Agreement

PREVAILING RATES OF WAGES. A. Contractor is aware of the requirements of California Labor Code sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, sections 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other related requirements on certain “public works” and “maintenance” projects. Since this Construction Services Agreement involves an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation for the Project is one thousand dollars ($1,000) or more, Contractor agrees to fully comply with such Prevailing Wage Laws. When determining the GMP, Contractor shall include, to the extent possible, anticipated general prevailing wage rates for the time when work on the Project will actually be performed. Contractor shall obtain a copy of the prevailing rates of per diem wages applicable to each craft, classification, or type of work needed to perform work on the Project from the website of the Office of Policy, Research, and Legislation of the DIR, located at xxx.xxx.xx.xxx/xxxx/. Copies of the prevailing rates of per diem wages for each craft, classification, or type of work needed to perform work on the Project are on file at the District office and are available to interested parties upon request. B. Contractor shall post a copy of the determination of the prevailing rates of per diem wages at the Site. Contractor shall also post at the Site a notice containing the following language: This public works project is subject to compliance monitoring and investigative activities by the Public Works Unit of the Division of Labor Standards Enforcement, Department of Industrial Relations, State of California. This notice is intended to provide information to all workers employed in the execution of the contract for public work and to all contractors and other persons having access to the job site in order to enable the Public Works Unit to ensure compliance with and enforcement of prevailing wage laws on public works projects. The prevailing wage laws require that all workers be paid at least the minimum hourly wage as determined by the Director of Industrial Relations for the specific classification (or type of work) performed by workers on this public works project. These wages are listed on a separate job site posting of minimum prevailing rates required to be maintained by the public entity that awarded the public works contract. Complaints concerning nonpayment of the required minimum wage rates to workers on this public works project may be filed with the Public Works Unit at any office of the Division of Labor Standards Enforcement. Local Office Telephone Number: (000) 000-0000 Complaints should be filed in writing immediately upon discovery of any violations of the prevailing wage laws. Complaints should contain details about the violations alleged (for example, wrong rate paid, not all hours paid, overtime rate not paid for hours worked in excess of 8 per day or 40 per week, etc.) as well as the name of the employer, the public entity that awarded the public works contract, and the location and name of the project. For general information concerning the prevailing wage laws and how to file a complaint concerning any violation of these prevailing wage laws, you may contact any Division of Labor Standards Enforcement office. Complaint forms are also available at the Department of Industrial Relations website, xxxxx://xxx.xxx.xx.xxx/dlse/DLSE- Forms.htm. C. Contractor and each Subcontractor shall forfeit as a penalty to District not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing rate for any work done by him, or by any subcontract under him, in violation of the provisions of the Prevailing Wage Laws. Such penalty shall be withheld from any Tenant Improvement Payment then due. The difference between such stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by Contractor or Subcontractor, as applicable. D. As X. Xx a further material part of this Construction Services Agreement, Contractor agrees to hold harmless and indemnify District, its Board, and each member of the Board, its officers, employees, and agents from any and all claims, liability, loss, costs, damages, expenses, fines, and penalties, of whatever kind or nature, including all costs of defense and attorneys’ fees, arising from any alleged failure of Contractor or its Subcontractors to comply with the Prevailing Wage Laws. If District or any of the indemnified parties are named as a party in any dispute arising from the failure of Contractor or its Subcontractors to pay prevailing wages, Contractor agrees that District and the other indemnified parties may appoint their own independent counsel, and Contractor agrees to pay all attorneys’ fees and defense costs of District and the other indemnified parties as billed, in addition to all other damages, fines, penalties, and losses incurred by District and the other indemnified parties as a result of the action.

Appears in 1 contract

Samples: Construction Services Agreement

PREVAILING RATES OF WAGES. A. The Contractor is aware of the requirements of California Labor Code sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, sections section 16000 et seq. ("Prevailing Wage Laws”), ") which require the payment of prevailing wage rates and the performance of other related requirements on certain "public works" and "maintenance" projects. Since this Construction Services Agreement involves an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation for the Project is one thousand dollars ($1,000) 1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages applicable to the work to be performed by subcontractors from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at xxx.xxx.xx.xxx/xxxx/. In the alternative, the District shall provide Contractor with a copy of the prevailing rates of per diem wages applicable to the work to be performed by subcontractors. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the Project site. Contractor shall defend, indemnify and hold the District, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws. When determining the GMP, Contractor shall include, include to the extent possible, possible anticipated general prevailing wage rates for the time when work on the Project will actually be performed. Contractor shall obtain a copy of the prevailing rates of per diem wages applicable to each craft, classification, or type of work needed to perform work on the Project from the website of the Office of Policy, Research, and Legislation of the DIR, located at xxx.xxx.xx.xxx/xxxx/. Copies of the prevailing rates of per diem wages for each craft, classification, or type of work needed to perform work on the Project are on file at the District office and are available to interested parties upon request. B. Contractor shall post a copy of the determination of the prevailing rates of per diem wages at the Site. Contractor shall also post at the Site a notice containing the following language: This public works project is subject to compliance monitoring and investigative activities by the Public Works Unit of the Division of Labor Standards Enforcement, Department of Industrial Relations, State of California. This notice is intended to provide information to all workers employed in the execution of the contract for public work and to all contractors and other persons having access to the job site in order to enable the Public Works Unit to ensure compliance with and enforcement of prevailing wage laws on public works projects. The prevailing wage laws require that all workers be paid at least the minimum hourly wage as determined by the Director of Industrial Relations for the specific classification (or type of work) performed by workers on this public works project. These wages are listed on a separate job site posting of minimum prevailing rates required to be maintained by the public entity that awarded the public works contract. Complaints concerning nonpayment of the required minimum wage rates to workers on this public works project may be filed with the Public Works Unit at any office of the Division of Labor Standards Enforcement. Local Office Telephone Number: (000) 000-0000 Complaints should be filed in writing immediately upon discovery of any violations of the prevailing wage laws. Complaints should contain details about the violations alleged (for example, wrong rate paid, not all hours paid, overtime rate not paid for hours worked in excess of 8 per day or 40 per week, etc.) as well as the name of the employer, the public entity that awarded the public works contract, and the location and name of the project. For general information concerning the prevailing wage laws and how to file a complaint concerning any violation of these prevailing wage laws, you may contact any Division of Labor Standards Enforcement office. Complaint forms are also available at the Department of Industrial Relations website, xxxxx://xxx.xxx.xx.xxx/dlse/DLSE- Forms.htm. C. Contractor and each Subcontractor subcontractor shall forfeit as a penalty to the District not more than two hundred dollars Two Hundred Dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing rate for any work done by him, or by any subcontract under him, in violation of the provisions of the Prevailing Wage Laws. Such penalty shall be withheld from any Tenant Improvement Payment then dueCalifornia Labor Code. The difference between such stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by Contractor or Subcontractor, as applicablethe Contractor. D. C. As a further material part of this Construction Services Agreement, Contractor agrees to hold harmless and indemnify the District, its Board, Board and each member of the Board, its officers, employees, employees and agents from any and all claims, liability, loss, costs, damages, expenses, fines, fines and penalties, of whatever kind or nature, including all costs of defense and attorneys' fees, arising from any alleged failure of Contractor or its Subcontractors subcontractors to comply with the Prevailing Wage Laws. If the District or any of the indemnified parties are named as a party in any dispute arising from the failure of Contractor or its Subcontractors subcontractors to pay prevailing wages, Contractor agrees that the District and the other indemnified parties may appoint their own independent counsel, and Contractor agrees to pay all attorneys' fees and defense costs of the District and the other indemnified parties as billed, in addition to all other damages, fines, penalties, penalties and losses incurred by the District and the other indemnified parties as a result of the action.

Appears in 1 contract

Samples: Construction Services Agreement

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