Common use of Prevailing Wage Clause in Contracts

Prevailing Wage. To the extent that the work or services to be performed under this Agreement may be considered a “public work” pursuant and subject to Labor Code section 1720 et seq., Consultant (and any subconsultant performing the work or services) shall conform to any and all prevailing wage requirements applicable to such work/and or services under this Agreement. Consultant (and any subconsultant) shall adhere to the prevailing wage determinations made by the Director of Industrial Relations (DIR) pursuant to California Labor Code Part 7, Chapter 1, Article 2, applicable to the work, if any. All workers employed in the execution of a public works contract (as such term is defined California Labor Code section 1720 et seq. and section 1782(d)(1)) must be paid not less than the specified prevailing wage rates for the type of work performed. Reference: California Labor Code sections 1720, 1774 and 1782. Consultant agrees to be bound by the prevailing wage requirements to the extent applicable to the scope of work and services under this Agreement, including, but not limited to, the following: a. If a worker is paid less than the applicable prevailing wage rate owed for a calendar day (or any portion thereof), Consultant shall pay the worker the difference between the prevailing wage rate and the amount actually paid for each calendar day (or portion thereof) for which the worker(s) was paid less than the prevailing wage rate, as specified in Labor Code section 1775; b. Consultant shall maintain and make available payroll and worker records in accordance with Labor Code sections 1776 and 1812; c. If Consultant employs (and/or is legally required to employ) apprentices in performing the work and/or services under this Agreement, Consultant shall ensure compliance with Labor Code section 1777.5; d. Consultant is aware of the limitations imposed on overtime work by Labor Code sections 1810 et seq. and shall be responsible for any penalties levied in accordance with Labor Code section 1813 for failing to pay required overtime wages; e. Consultant shall post a copy of the applicable wage rates at each jobsite at a location readily available to its workers. Any failure of Consultant and/or its subconsultant to comply with the above requirements relating to a public work project shall constitute a breach of this Agreement that excuses the City’s performance of this Agreement at the City’s sole and absolute option, and shall be at the sole risk of Consultant. Consultant on behalf of itself, any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Consultant and any subconsultant to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law relating to a public work.

Prevailing Wage. To The City acknowledges and agrees that: (a) Any construction, alteration, demolition, installation or repair work, in each case for the extent that the work Facility, required or services to be performed under this Agreement may be considered a Facility Lease constitutes “public work” pursuant and subject to under California Prevailing Wage Law, including Labor Code section §§ 1720 et seq.through 1861, Consultant (and any subconsultant performing the work or services) shall conform to any and all prevailing wage requirements applicable to such work/and or services under this Agreement. Consultant (and any subconsultant) shall adhere to the prevailing wage determinations made by the Director of Industrial Relations (DIR) pursuant to California Labor Code Part 7, Chapter 1, Article 2, applicable to the work, if any. All workers employed in the execution of a public works contract (as such term is defined California Labor Code section 1720 et seq. (“PWL”), and section 1782(d)(1)) must be paid not less than obligates the specified prevailing wage rates for the type of City to cause such work performed. Reference: California Labor Code sections 1720, 1774 and 1782. Consultant agrees to be bound by the prevailing wage requirements to the extent applicable to the scope of work and services under this Agreement, performed as “public work,” including, but not limited to, the following: a. If a worker is paid less than the payment of applicable prevailing wages to all Persons subject to the PWL. (b) The City shall cause all Persons performing “public work” for the Facility under this Facility Lease to comply with all applicable provisions of the PWL and other applicable wage rate owed for a calendar day Laws. (or any portion thereof)c) The JEPA hereby notifies the City, Consultant shall pay the worker the difference between the prevailing wage rate and the amount actually paid for each calendar day (or portion thereofCity hereby acknowledges, that the PWL includes, without limitation, Labor Code § 1771.1(b) for which that provides that the worker(s) was paid less than the prevailing wage rate, as specified following requirements described in Labor Code section 1775§ 1771.1 (a) shall be included in all bid invitations and “public work” contracts: “A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of § 4104 of the Public Contract Code, or engage in the performance of any contract for “public work,” as defined in this chapter, unless it is currently registered and qualified to perform “public work” pursuant to Section 1725.5. It is not a violation of this Section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Sections 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform “public work” pursuant to Section 1725.5 at the time the contract is awarded.” (d) The City acknowledges that its obligations under the PWL with respect to the Facility include, without limitation, ensuring that: (i) pursuant to Labor Code § 1771.1(b), a bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor’s current registration to perform “public work” pursuant to § 1725.5; b. Consultant shall maintain and make available payroll and worker records in accordance with (ii) pursuant to Labor Code sections 1776 § 1771.4(a)(1), the call for bids and 1812contract documents shall specify that the project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations (“DIR”); c. If Consultant employs (and/or is legally required iii) pursuant to employ) apprentices in performing the work and/or services under this Agreement, Consultant shall ensure compliance with Labor Code section 1777.5;§ 1771.4(a)(2), it posts or requires the prime contractor to post job site notices, as prescribed by regulation; and d. Consultant is aware (iv) pursuant to Labor Code § 1773.3(a)(1), it provides notice to the DIR of any “public works” contract subject to the requirements of the limitations imposed on overtime work by PWL, within thirty (30) days of the award, but in no event later than the first day in which a contractor has workers employed upon the public work. Pursuant to Labor Code sections 1810 et seq§ 1773.3(a)(2), the notice shall be transmitted electronically in a format specified by the DIR and shall include the name and registration number issued by the DIR pursuant to §1725.5 of the contractor, the name and registration number issued by the DIR pursuant to §1725.5 of any subcontractor listed on the successful bid, the bid and contract award dates, the contract amount, the estimated start and completion dates, job site location, and any additional information that the DIR specifies that aids in the administration and enforcement of the PWL. PWC- 100 is the name of the form currently used by the DIR for providing the notice, but the City shall determine and use whatever form the DIR requires. (e) Neither the JEPA nor the Port shall be responsible for any penalties levied in accordance with Labor Code section 1813 for failing to pay required overtime wages; e. Consultant shall post a copy of the applicable wage rates at each jobsite at a location readily available to its workers. Any City’s failure of Consultant and/or its subconsultant to comply with any applicable provisions of the above requirements relating PWL. (f) Notwithstanding anything in this Facility Lease to a public the contrary, the City shall not be responsible for any Person’s failure to comply with any applicable provisions of the PWL with respect to any work project shall constitute a breach of this Agreement that excuses performed by, or on behalf of, any Public Agency Party other than by the City’s performance of this Agreement at the City’s sole and absolute option, and shall be at the sole risk of Consultant. Consultant on behalf of itself, any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Consultant and any subconsultant to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law relating to a public work.

Prevailing Wage. To CONTRACTOR and any subcontractor shall pay each employee engaged in the extent that trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing wage and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes DELTA WATER SUPPLY INTAKE PUMP STATION IMPROVEMENTS PROJECT NO. M17029 PAGE 5 OF 8 applicable to the work or services to be performed under this Agreement may be considered a “public work” pursuant and subject to Labor Code section 1720 et seq., Consultant (and any subconsultant done. CONTRACTOR performing the work or services) shall conform to any and all prevailing wage requirements applicable to such work/and or services under this Agreementcontract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. Consultant (As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and any subconsultant) shall adhere each subcontractor's responsibility to ensure that the prevailing wage determinations made rates of concern is current and paid to the employee. i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at xxxx://xxx.xxx.xx.xxx/OPRL/pwd/Determinations/Northern/Northern.pdf. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work. ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Director Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of Industrial Relations (DIR) pursuant engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to California Labor Code the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, applicable of the Labor Code of the State of California. To forfeit as a penalty to CITY the worksum of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) for each laborer, if any. All workers worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of a public works contract (as such term is defined California Labor Code section 1720 et seq. and section 1782(d)(1)) must be paid not less than the specified prevailing wage rates for the type of work performed. Reference: California Labor Code sections 1720this contract, 1774 and 1782. Consultant agrees to be bound by the prevailing wage requirements to the extent applicable to the scope of work and services under this Agreement, including, but not limited to, the following: a. If a worker is paid less than the applicable prevailing wage rate owed for a calendar day (or any portion thereof), Consultant shall pay the worker the difference between the prevailing wage rate and the amount actually paid for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (or portion thereof) 8) hours and who is not paid the general prevailing rate of per diem wages for which holiday and overtime work in violation of the worker(s) was paid less than provisions of Sections 1770 to 1781 of the prevailing wage rate, as specified in Labor Code section 1775;of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract. b. Consultant iii. The CONTRACTOR to whom the contract is awarded shall maintain insure that the prime and make available payroll and worker records each subcontractor will in accordance with Labor Code sections Section 1776 and 1812; c. If Consultant employs (and/or is legally required to employ) apprentices in performing the work and/or services under this Agreement, Consultant shall ensure compliance with Labor Code section 1777.5; d. Consultant is aware of the limitations imposed on overtime work by Labor Code sections 1810 et seqCode, maintain certified payroll records. and A copy of said records shall be responsible for any penalties levied in accordance provided with Labor Code section 1813 for failing each invoice to pay required overtime wages; e. Consultant the Municipal Utilities department, Attention Contract Compliance Officer. It shall post a copy be the CONTRACTOR’S responsibility to obtain copies of the applicable current prevailing wage rates at each jobsite at a location readily available rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to its workersthe DIR website as required by labor code. iv. Any failure of Consultant and/or its subconsultant to The CONTRACTOR shall comply with the above requirements relating to a public work project shall constitute a breach provisions established in Section 1777.5 of this Agreement that excuses the City’s performance Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of this Agreement at the City’s sole and absolute optionapprentices, and shall be at 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the sole risk of Consultant. Consultant on behalf of itself, any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Consultant and any subconsultant to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law relating to a public workjob.

Prevailing Wage. To CONTRACTOR and any subcontractor shall pay each employee engaged in the extent that trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing wage and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work or services to be performed under this Agreement may be considered a “public work” pursuant and subject to Labor Code section 1720 et seq., Consultant (and any subconsultant done. CONTRACTOR performing the work or services) shall conform to any and all prevailing wage requirements applicable to such work/and or services under this Agreementcontract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. Consultant (As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and any subconsultant) shall adhere each subcontractor's responsibility to ensure that the prevailing wage determinations made rates of concern is current and paid to the employee. i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at xxxx://xxx.xxx.xx.xxx/OPRL/pwd/Determinations/Northern/Northern.pdf. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work. ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Director Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of Industrial Relations (DIR) pursuant engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to California Labor Code the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, applicable of the Labor Code of the State of California. To forfeit as a penalty to CITY the worksum of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) for each laborer, if any. All workers worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of a public works contract (as such term is defined California Labor Code section 1720 et seq. and section 1782(d)(1)) must be paid not less than the specified prevailing wage rates for the type of work performed. Reference: California Labor Code sections 1720this contract, 1774 and 1782. Consultant agrees to be bound by the prevailing wage requirements to the extent applicable to the scope of work and services under this Agreement, including, but not limited to, the following: a. If a worker is paid less than the applicable prevailing wage rate owed for a calendar day (or any portion thereof), Consultant shall pay the worker the difference between the prevailing wage rate and the amount actually paid for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (or portion thereof) 8) hours and who is not paid the general prevailing rate of per diem wages for which holiday and overtime work in violation of the worker(s) was paid less than provisions of Sections 1770 to 1781 of the prevailing wage rate, as specified in Labor Code section 1775;of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract. b. Consultant iii. The CONTRACTOR to whom the contract is awarded shall maintain insure that the prime and make available payroll and worker records each subcontractor will in accordance with Labor Code sections Section 1776 and 1812; c. If Consultant employs (and/or is legally required to employ) apprentices in performing the work and/or services under this Agreement, Consultant shall ensure compliance with Labor Code section 1777.5; d. Consultant is aware of the limitations imposed on overtime work by Labor Code sections 1810 et seqCode, maintain certified payroll records. and A copy of said records shall be responsible for any penalties levied in accordance provided with Labor Code section 1813 for failing each invoice to pay required overtime wages; e. Consultant the Municipal Utilities department, Attention Contract Compliance Officer. It shall post a copy be the CONTRACTOR’S responsibility to obtain copies of the applicable current prevailing wage rates at each jobsite at a location readily available rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to its workersthe DIR website as required by labor code. iv. Any failure of Consultant and/or its subconsultant to The CONTRACTOR shall comply with the above requirements relating to a public work project shall constitute a breach provisions established in Section 1777.5 of this Agreement that excuses the City’s performance Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of this Agreement at the City’s sole and absolute optionapprentices, and shall be at 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the sole risk job. WATER SERVICE LATERALS REPLACEMENT PROJECT NOs. M17028 & M20001 PAGE 5 of Consultant. Consultant on behalf of itself, any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Consultant and any subconsultant to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law relating to a public work.7

Prevailing Wage. To the extent that the work or services to be performed under this Agreement may be considered a “public work” (construction, alteration, demolition, or repair work) pursuant and subject to Labor Code section 1720 et seq., Consultant (and any subconsultant performing the work or services) shall conform to any and all prevailing wage requirements applicable to such work/and or services under this Agreement. Consultant (and any subconsultant) shall adhere to the prevailing wage determinations made by the Director of Industrial Relations (DIR) pursuant to California Labor Code Part 7, Chapter 1, Article 2, applicable to the work, if any. All workers employed in the execution of a public works contract (as such term is defined California Labor Code section 1720 et seq. and section 1782(d)(1)) must be paid not less than the specified prevailing wage rates for the type of work performed. Reference: (California Labor Code sections 1720, 1774 and 1782. Consultant agrees to be bound by the prevailing wage requirements to .) To the extent applicable to the scope of work and services under this Agreement, Consultant agrees to be bound by the prevailing wage requirements, including, but not limited to, the following: a. If a worker is paid less than the applicable prevailing wage rate owed for a calendar day (or any portion thereof), Consultant shall pay the worker the difference between the prevailing wage rate and the amount actually paid for each calendar day (or portion thereof) for which the worker(s) was paid less than the prevailing wage rate, as specified in Labor Code section 1775; b. Consultant shall maintain and make available payroll and worker records in accordance with Labor Code sections 1776 and 1812; c. If Consultant employs (and/or is legally required to employ) apprentices in performing the work and/or services under this Agreement, Consultant shall ensure compliance with Labor Code section 1777.5; d. Consultant is aware of the limitations imposed on overtime work by Labor Code sections 1810 et seq. and shall be responsible for any penalties levied in accordance with Labor Code section 1813 for failing to pay required overtime wages; e. Consultant shall post a copy of the applicable wage rates at each jobsite at a location readily available to its workers. . f. Any failure of Consultant and/or its subconsultant to comply with the above requirements relating to a public work project shall constitute a breach of this Agreement that excuses the City’s performance of this Agreement at the City’s sole and absolute option, option and shall be at the sole risk of Consultant. Consultant on behalf of itself, any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Consultant and any subconsultant to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law relating to a public work. g. Consultant acknowledges that it and/ any subconsultant may not engage in the performance of any contract for public work, unless currently registered with the DIR and qualified to perform public work pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

Prevailing Wage. To Maintenance Services performed under this Agreement are subject to the extent that payment of prevailing wage in accordance with State Law. HOA shall comply and cause its contractors and agents to comply with all prevailing wage requirements under City and State Laws. HOA has been alerted to the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the work or services to be performed under this Agreement may be considered a by HOA is being performed as part of an applicable “public workworks” pursuant and subject to Labor Code section 1720 et seq.or “maintenance” project, Consultant (and any subconsultant performing the work or services) shall conform to any and all prevailing wage requirements applicable to such work/and or services under this Agreement. Consultant (and any subconsultant) shall adhere to the prevailing wage determinations made as defined by the Director of Industrial Relations (DIR) pursuant to California Labor Code Part 7Prevailing Wage Laws, Chapter 1, Article 2, applicable to the work, if any. All workers employed in the execution of a public works contract (as such term is defined California Labor Code section 1720 et seq. and section 1782(d)(1)) must be paid not less than the specified prevailing wage rates for the type of work performed. Reference: California Labor Code sections 1720, 1774 and 1782. Consultant HOA agrees to be bound by the prevailing wage requirements to the extent applicable to the scope of work and services under this Agreement, including, but not limited to, the following: a. If a worker is paid less than the applicable prevailing wage rate owed for a calendar day (or any portion thereof), Consultant shall pay the worker the difference between the prevailing wage rate and the amount actually paid for each calendar day (or portion thereof) for which the worker(s) was paid less than the prevailing wage rate, as specified in Labor Code section 1775; b. Consultant shall maintain and make available payroll and worker records in accordance with Labor Code sections 1776 and 1812; c. If Consultant employs (and/or is legally required to employ) apprentices in performing the work and/or services under this Agreement, Consultant shall ensure compliance with Labor Code section 1777.5; d. Consultant is aware of the limitations imposed on overtime work by Labor Code sections 1810 et seq. and shall be responsible for any penalties levied in accordance with Labor Code section 1813 for failing to pay required overtime wages; e. Consultant shall post a copy of the applicable wage rates at each jobsite at a location readily available to its workers. Any failure of Consultant and/or its subconsultant to fully comply with the above requirements relating to a public work project such Prevailing Wage Laws. HOA shall constitute a breach of this Agreement that excuses defend, indemnify and hold the City’s performance of this Agreement at the City’s sole and absolute option, and shall be at the sole risk of Consultant. Consultant on behalf of itself, any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, employees and agents free and harmless from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, penalties or interest arising out of any kind or nature, arising from or relating to any failure (or alleged failure) of the Consultant and any subconsultant failure to pay prevailing wages or to otherwise comply with the requirements Prevailing Wage Laws. It shall be mandatory upon the HOA and its contractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of prevailing wage law relating apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Section 1776), hours of labor (Labor Code Sections 1813 and 1815), public works contractor registration (Labor Code Sections 1725.5 and 1771.1) and debarment of contractors and subcontractors (Labor Code Sections 1777.1). It shall be the sole responsibility of HOA to determine whether to comply with Prevailing Wage Laws for any or all work required by this Agreement. As a public workmaterial part of this Agreement, HOA agrees to assume all risk of liability arising from any decision not to comply with Prevailing Wage Laws for work required by this Agreement.

Prevailing Wage. To the extent that the work or services to be performed under this Agreement may be considered a “public work” pursuant and subject to The Contractor shall comply with Labor Code section 1720 et seq.Sections 1774 and 1775. Pursuant to Section 1774, Consultant (the Contractor and any subconsultant performing the work or services) every subcontractor, regardless of tier, shall conform to any and all prevailing wage requirements applicable to such work/and or services under this Agreement. Consultant (and any subconsultant) shall adhere to the prevailing wage determinations made by the Director of Industrial Relations (DIR) pursuant to California Labor Code Part 7, Chapter 1, Article 2, applicable to the work, if any. All workers employed in the execution of a public works contract (as such term is defined California Labor Code section 1720 et seq. and section 1782(d)(1)) must be paid pay not less than the specified prevailing wage rates for to all workers employed in the type execution of work performedthe Contract. Reference: California Labor Code sections 1720In accordance with Section 1775, 1774 and 1782. Consultant agrees to be bound by the prevailing wage requirements Contractor shall forfeit to the extent applicable State up to the scope of work and services under this Agreement, including, but not limited to, the following: a. If a worker is paid less than the applicable prevailing wage rate owed for a calendar day (or any portion thereof), Consultant shall pay the worker the difference between the prevailing wage rate and the amount actually paid $200 for each calendar day (day, or portion thereof) , for which the worker(s) was each worker paid less than the prevailing wage raterates for the work or craft in which the worker is employed for any work executed under the Contract by the Contractor or by any subcontractor, as specified regardless of tier, in violation of the provisions of the Labor Code; and, in particular, Labor Code section 1775;Sections 1770 to 1780, inclusive. In addition to such forfeiture, the difference between such stipulated prevailing wage rates and the amount paid to each worker for each day, or portion thereof, shall be paid to each underpaid worker by the Contractor. This provision shall not apply to properly registered apprentices. b. Consultant shall maintain and make available payroll and worker records in accordance with .1 Pursuant to Labor Code sections 1776 and 1812; c. If Consultant employs (and/or is legally required to employ) apprentices in performing Code, Section 1770, the work and/or services under this Agreement, Consultant shall ensure compliance with Labor Code section 1777.5; d. Consultant is aware Director of the limitations imposed on Department of Industrial Relations has ascertained the general prevailing rate of per diem wages and a general prevailing rate for legal holiday and overtime work by for each craft required for execution of the Contract. The Contractor shall obtain copies of the prevailing rate of per diem wages from the Department of Industrial Relations, Division of Labor Code sections 1810 et seq. Statistics & Research, PO Box 420603, San Francisco, CA 94142-0603, (415) 703- 4780; or wage rates may be accessed on the internet at xxxxx://xxx.xxx.xx.xxx/Public-Works/Prevailing-Wage.html.The Contractor is responsible to read, understand and shall be responsible for any penalties levied comply with all the guidelines, including the fine print in accordance with Labor Code section 1813 for failing to pay required overtime wages; e. Consultant the prevailing wage determinations; and shall post a copy of the prevailing wage rates, specific to the Project, at the Project site. .2 Wage rates set forth are the minimum that may be paid by the Contractor. Nothing herein shall be construed as preventing the Contractor from paying more than the minimum rates set. No extra compensation will be allowed by the State due to the inability of the Contractor to hire labor at minimum rates, nor for necessity for payment by the Contractor of subsistence, travel time, overtime, or other added compensations, all of which possibilities are elements to be considered and ascertained to the Contractor's own satisfaction in preparing the Bid Form .3 If it becomes necessary to employ crafts other than those listed in the General Prevailing Wage Rate booklet, the Contractor shall contact the Division of Labor Statistics and Research as noted above. The rates thus determined shall be applicable as minimum for the contract and incorporated in the bid. When the wage determination shows an expiration date (noted by a double asterisk**), to expire during the term of the contract, the Contractor must call or write the DIR to obtain the new rates at and incorporate them in the bid to be applicable for the term of the contract. .4 The Contractor and each jobsite at a location readily available subcontractor, regardless of tier, shall keep an accurate payroll record showing the names, addresses, social security numbers, work classifications, straight time and overtime hours worked each day and week, and the actual per diem wages paid to its workers. Any failure of Consultant each journeyman, apprentice, worker, or other employee employed by the Contractor and/or its subconsultant to comply subcontractor in connection with the above requirements relating to a public work project Work. Payroll records shall constitute a breach of this Agreement that excuses the City’s performance of this Agreement at the City’s sole and absolute option, be certified and shall be at on forms provided by the sole risk Division of ConsultantLabor Standards Enforcement, or shall contain the same information as those forms. Consultant on behalf of itselfThe Contractor's and subcontractor's certified payroll records for each employee shall be submitted with each payment request, any subconsultant, agree to indemnify, defend and hold harmless covering the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) period of the Consultant and any subconsultant payment request unless requested otherwise by the Labor Commissioner of the Department of Industrial Relations pursuant to pay prevailing wages or Labor Code Section 1771.4(c)(2)(b) monthly payrolls should be sent directly to otherwise comply with the requirements Department of prevailing wage law relating Industrial Relations in the current prescribed electronic format. Refer to a public work.xxxxx://xxx.xxx.xx.xxx/public- works/certified-payroll-reporting.html for access to the electronic Certified Payroll (eCRP)

Prevailing Wage. To the extent CONSULTANT acknowledges that the any work or services to be performed under this Agreement may be considered that qualifies as a “public work” pursuant and subject to within the meaning of California Labor Code section 1720 shall cause CONSULTANT, and its sub-consultants, to comply with the provisions of California Labor Code sections 1775 et seq.. When applicable, Consultant (copies of the prevailing rate of per diem wages shall be on file at COUNTY’s Department of Public Health and available to CONSULTANT and any subconsultant performing the work or services) other interested party upon request. CONSULTANT shall conform to any and all prevailing wage requirements applicable to such work/and or services under this Agreement. Consultant (and any subconsultant) shall adhere to post copies of the prevailing wage determinations made by rate of per diem wages at the Director Project site. CONSULTANT hereby acknowledges and stipulates to the following: CONSULTANT has reviewed and agrees to comply, when applicable, with the provisions of Labor Code section 1776 regarding retention and inspection of payroll records and noncompliance penalties; and CONSULTANT has reviewed and agrees to comply, when applicable, with the provisions of Labor Code section 1777.5 regarding employment of registered apprentices; and CONSULTANT has reviewed and agrees to comply, when applicable, with the provisions of Labor Code section 1810 regarding the legal day’s work; and CONSULTANT has reviewed and agrees to comply, when applicable, with the provisions of Labor Code section 1813 regarding forfeiture for violations of the maximum hours per day and per week provisions contained in the same chapter. CONSULTANT has reviewed and agrees to comply, when applicable, with any applicable provisions for those Projects subject to Department of Industrial Relations (DIR) pursuant to California Labor Code Part 7, Chapter 1, Article 2, applicable to the work, if anyMonitoring and Enforcement of prevailing wages. All workers employed in the execution of a public works contract (as such term COUNTY hereby notifies CONSULTANT that CONSULTANT is defined California Labor Code section 1720 et seq. and section 1782(d)(1)) must be paid not less than the specified prevailing wage rates for the type of work performed. Reference: California Labor Code sections 1720, 1774 and 1782. Consultant agrees to be bound by the prevailing wage requirements to the extent applicable to the scope of work and services under this Agreement, including, but not limited to, the following: a. If a worker is paid less than the applicable prevailing wage rate owed for a calendar day (or any portion thereof), Consultant shall pay the worker the difference between the prevailing wage rate and the amount actually paid for each calendar day (or portion thereof) for which the worker(s) was paid less than the prevailing wage rate, as specified in Labor Code section 1775; b. Consultant shall maintain and make available payroll and worker records in accordance with Labor Code sections 1776 and 1812; c. If Consultant employs (and/or is legally required to employ) apprentices in performing the work and/or services under this Agreement, Consultant shall ensure compliance with Labor Code section 1777.5; d. Consultant is aware of the limitations imposed on overtime work by Labor Code sections 1810 et seq. and shall be responsible for any penalties levied in accordance with Labor Code section 1813 for failing to pay required overtime wages; e. Consultant shall post a copy of the applicable wage rates at each jobsite at a location readily available to its workers. Any failure of Consultant and/or its subconsultant to comply with the above requirements relating to a public work project shall constitute a breach of this Agreement that excuses the City’s performance of this Agreement at the City’s sole and absolute option, and shall be at the sole risk of Consultant. Consultant on behalf of itself, any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Consultant and any subconsultant to pay prevailing wages or to otherwise comply complying with the requirements of prevailing wage law relating to a public workSenate Bill 854 (SB854) regarding certified payroll record reporting. Further information concerning the requirements of SB854 is available on the DIR website located at: xxxx://xxx.xxx.xx.xxx/Public-Works/PublicWorksEnforcement.html.

Prevailing Wage. To the extent that the ‌ 6.8.1 Tenant acknowledges and agrees that: (a) Any construction, alteration, demolition, installation or repair work required or services performed under this Lease constitutes "public work" under California Prevailing Wage Law, including Labor Code §§ 1720 through 1861, et seq. ("PWL"), and obligates Tenant to cause such work to be performed under this Agreement may be considered a “as "public work” pursuant and subject to Labor Code section 1720 et seq., Consultant (and any subconsultant performing the work or services) shall conform to any and all prevailing wage requirements applicable to such work/and or services under this Agreement. Consultant (and any subconsultant) shall adhere to the prevailing wage determinations made by the Director of Industrial Relations (DIR) pursuant to California Labor Code Part 7, Chapter 1, Article 2, applicable to the work, if any. All workers employed in the execution of a public works contract (as such term is defined California Labor Code section 1720 et seq. and section 1782(d)(1)) must be paid not less than the specified prevailing wage rates for the type of work performed. Reference: California Labor Code sections 1720, 1774 and 1782. Consultant agrees to be bound by the prevailing wage requirements to the extent applicable to the scope of work and services under this Agreement, ," including, but not limited to, the following: a. If a worker is paid less than the payment of applicable prevailing wages to all Persons subject to the PWL. (b) Tenant shall cause all Persons performing “public work” under the Lease to comply with all applicable provisions of the PWL and other applicable wage rate owed for a calendar day Laws. (or any portion thereof)c) Landlord hereby notifies Tenant and Tenant hereby acknowledges that the PWL includes, Consultant shall pay without limitation, Labor Code § 1771.1(b) that provides that the worker the difference between the prevailing wage rate and the amount actually paid for each calendar day (or portion thereof) for which the worker(s) was paid less than the prevailing wage rate, as specified following requirements described in Labor Code section 1775§ 1771.1 (a) shall be included in all bid invitations and “public work” contracts: “A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of § 4104 of the Public Contract Code, or engage in the performance of any contract for “public work,” as defined in this chapter, unless it is currently registered and qualified to perform “public work” pursuant to Section 1725.5. It is not a violation of this Section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Sections 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform “public work” pursuant to Section 1725.5 at the time the contract is awarded.” (d) Tenant acknowledges that its obligations under the PWL include, without limitation, ensuring that: (i) pursuant to Labor Code § 1771.1(b), a bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor’s current registration to perform “public work” pursuant to § 1725.5; b. Consultant shall maintain and make available payroll and worker records in accordance with (ii) pursuant to Labor Code sections 1776 § 1771.4(a)(1), the call for bids and 1812contract documents shall specify that the project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations (“DIR”); c. If Consultant employs (and/or iii) pursuant to Labor Code § 1771.4(a)(2), it posts or requires the prime contractor to post job site notices, as prescribed by regulation; and (iv) pursuant to Labor Code § 1773.3(a)(1), it provides notice to the DIR of any “public works” contract subject to the requirements of the PWL, within thirty (30) days of the award, but in no event later than the first day in which a contractor has workers employed upon the public work. Pursuant to Labor Code § 1773.3(a)(2), the notice shall be transmitted electronically in a format specified by the DIR and shall include the name and registration number issued by the DIR pursuant to §1725.5 of the contractor, the name and registration number issued by the DIR pursuant to §1725.5 of any subcontractor listed on the successful bid, the bid and contract award dates, the contract amount, the estimated start and completion dates, job site location, and any additional information that the DIR specifies that aids in the administration and enforcement of the PWL. PWC-100 is legally required the name of the form currently used by the DIR for providing the notice, but Tenant shall determine and use whatever form the DIR requires. (e) Landlord shall not be responsible for Tenant’s failure to employcomply with any applicable provisions of the PWL. (f) apprentices in performing Tenant’s violations of the work and/or services PWL shall constitute a default under this AgreementLease. (g) Notwithstanding anything in this Lease to the contrary, Consultant Tenant shall ensure compliance with Labor Code section 1777.5; d. Consultant is aware of the limitations imposed on overtime work by Labor Code sections 1810 et seq. and shall not be responsible for any penalties levied in accordance with Labor Code section 1813 for failing to pay required overtime wages; e. Consultant shall post a copy of the applicable wage rates at each jobsite at a location readily available to its workers. Any Person’s failure of Consultant and/or its subconsultant to comply with any applicable provisions of the above requirements relating PWL with respect to any work performed by, or on behalf of, any Landlord Party (other than by a public work project shall constitute a breach of this Agreement that excuses the City’s performance of this Agreement at the City’s sole and absolute optionTenant Party or Hotel Operator, and shall be at the sole risk of Consultant. Consultant or on behalf of itselfa Tenant Party or Hotel Operator, or by any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind Person acting directly or nature, arising from indirectly under a contract with a Tenant Party or relating to any failure (or alleged failure) of the Consultant and any subconsultant to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law relating to a public workHotel Operator).

Prevailing Wage. To the extent that the work or services to be performed under this Agreement may be considered a “public work” pursuant and subject to Labor Code section 1720 et seq.(a) CONTRACTOR will comply with all applicable laws, Consultant (and any subconsultant performing the work or services) shall conform to any and all prevailing wage requirements applicable to such work/and or services under this Agreement. Consultant (and any subconsultant) shall adhere to the prevailing wage determinations made by the Director of Industrial Relations (DIR) pursuant to California Labor Code Part 7, Chapter 1, Article 2, applicable to the work, if any. All workers employed in the execution of a public works contract (as such term is defined California Labor Code section 1720 et seq. and section 1782(d)(1)) must be paid not less than the specified prevailing wage rates for the type of work performed. Reference: California Labor Code sections 1720, 1774 and 1782. Consultant agrees to be bound by the prevailing wage requirements to the extent applicable to the scope of work and services under this Agreement, rules & regulations including, but not limited to, the following:requirements of Labor Code §3800 regarding workers' compensation insurance and shall, prior to CITY’s execution of this Agreement, provide CITY with either a Certificate of Insurance documenting CONTRACTOR’s workers’ compensation insurance coverage from a company acceptable to CITY or a letter stating CONTRACTOR has no employees. a. If a worker (b) For services deemed public works, CONTRACTOR, by signing this Agreement, CONTRACTOR is paid less than the applicable prevailing wage rate owed for a calendar day (or any portion thereof), Consultant shall pay the worker the difference between the prevailing wage rate and the amount actually paid for each calendar day (or portion thereof) for which the worker(s) was paid less than the prevailing wage rate, as specified in certifying pursuant to Labor Code section 1775; b. Consultant shall maintain and make available payroll and worker records 1861, "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with Labor Code sections 1776 the provisions of that code, and 1812; c. If Consultant employs (and/or is legally required to employ) apprentices in performing I will comply with such provisions before commencing the performance of the work and/or services under this Agreement, Consultant shall ensure compliance with Labor Code section 1777.5; d. Consultant is aware of the limitations imposed on overtime work by Labor Code sections 1810 et seq. and shall be responsible for any penalties levied in accordance with Labor Code section 1813 for failing to pay required overtime wages; e. Consultant shall post a copy of the applicable wage rates at each jobsite at a location readily available to its workers. Any failure of Consultant and/or its subconsultant to comply with the above requirements relating to a public work project shall constitute a breach of this Agreement that excuses the City’s performance of this Agreement at the City’s sole and absolute option, and contract." (c) CONTRACTOR shall be at the sole risk of Consultant. Consultant on behalf of itself, any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Consultant and any subconsultant to pay prevailing wages or to otherwise comply with the requirements of the California Labor Code including, but not limited to, hours of labor, nondiscrimination, payroll records, apprentices, workers’ compensation and prevailing wages. (d) Not less than the general prevailing rate of per diem wages, and not less than the general prevailing rate of per diem wages for holidays and overtime work, for each craft, classification or type of worker needed to execute the work under this Agreement shall be paid to workers, laborers, and mechanics employed in the execution of the work by CONTRACTOR or any Subcontractor doing or contracting any part of the work. The appropriate determination of the Director of the California Department of Industrial Relations shall be filed with, and available for inspection, at the City offices. CONTRACTOR shall post, at each job site, a copy of the general prevailing rate of per diem wages. The CONTRACTOR shall forfeit two hundred dollars ($200.00) per day for each calendar day or portion thereof, for each worker paid less than the stipulated prevailing wage law relating to a rates for any public workwork done under this Agreement by the CONTRACTOR or any Subcontractor under the CONTRACTOR. (e) CONTRACTOR shall also comply with Labor Code Sections 1776, 1777.5, 1777.6, 1777.7 and 1810. ☐ When box is checked the following Section 7 (“LIQUIDATED DAMAGES”) will apply:

Prevailing Wage. To the extent that the work or The services to be performed contemplated under this Agreement may be considered a include “public workworks” pursuant and subject to within the meaning of Labor Code section Section 1720 et seq. When applicable, Contractor hereby agrees to pay not less than prevailing rates of wages and be responsible for compliance with all the provisions of the California Labor Code, Article 2-Wages, Chapter 1, Part 7, Division 2, Section 1770 et seq. A copy of the prevailing wage scale established by the Department of Industrial Relations is on file in the office of the Director of Public Works, and available at xxx.xxx.xx.xxx/XXXX or by phone at 000-000-0000. California Labor Code Section 1776(a) requires each contractor and subcontractor keep accurate payroll records of trades workers on all public works projects and to submit copies of certified payroll records upon request. Contractor expressly covenants and agrees to comply with all the provisions of the Labor Code of the State of California. Any labor on public works over eight (8) hours during any one calendar day, and forty (40) hours in any one calendar week, shall comply with California overtime laws. Contractor agrees to the payment of not less than the prevailing wage rates, when applicable, and further agrees to the forfeitures provided for in said Labor Code and as set forth in Section 7 (“Legal Relations and Responsibility”) of the Standard Specifications and all amendments thereto, in the event of a violation of any of the provisions thereof during the course of execution of this Contract. When applicable, the Contractor expressly agrees to be responsible for compliance with all the provisions of Sections 1771, 1771.4, 1774-1776, 1777.5, 1813, 1815, and 1860 of the California Labor Code. Additionally, in accordance with the provisions of Section 3700 of the California Labor Code, every contractor will be required to secure the payment of compensation to his or her employees. Additionally, for any services on projects which constitute “public works” within the meaning of Labor Code Section 1720 et seq., Consultant the following provisions apply: • No contractor or subcontractor may be listed on a bid proposal for a public works project (and any subconsultant performing submitted after March 1, 2015) unless registered with the work or services) shall conform to any and all prevailing wage requirements applicable to such work/and or services under this Agreement. Consultant (and any subconsultant) shall adhere to the prevailing wage determinations made by the Director Department of Industrial Relations (DIR) pursuant to California Labor Code Part 7, Chapter 1, Article 2, applicable to the work, if anysection 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. All workers employed in the execution of • No contractor or subcontractor may be awarded a contract for public work on a public works contract project (as such term is defined California awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1720 et seq1725.5. • All “public works” projects are subject to compliance monitoring and section 1782(d)(1)) must be paid not less than the specified prevailing wage rates for the type of work performed. Reference: California Labor Code sections 1720, 1774 and 1782. Consultant agrees to be bound enforcement by the prevailing wage requirements to the extent applicable to the scope Department of work Industrial Relations. In witness of and services under in agreement with this Agreement, including, but not limited to’s terms, the following: a. If a worker is paid less than the applicable prevailing wage rate owed for a calendar day parties, by their duly authorized representatives, affix their respective signatures: For Contractor: ANCHOR QEA, LLC 2/16/2023 Contractor Signature Date Xxxxxx Xxxxxx, Anchor QEA Contractor Name (or any portion thereof)please print) COUNTY OF SAN MATEO By: President, Consultant shall pay the worker the difference between the prevailing wage rate and the amount actually paid for each calendar day (or portion thereof) for which the worker(s) was paid less than the prevailing wage rateBoard of Supervisors, as specified in Labor Code section 1775; b. Consultant shall maintain and make available payroll and worker records in accordance with Labor Code sections 1776 and 1812; c. If Consultant employs (and/or is legally required to employ) apprentices in performing the work and/or services under this Agreement, Consultant shall ensure compliance with Labor Code section 1777.5; d. Consultant is aware San Mateo County Date: ATTEST: By: Clerk of the limitations imposed on overtime work by Labor Code sections 1810 et seq. and shall be responsible for any penalties levied in accordance with Labor Code section 1813 for failing to pay required overtime wages; e. Consultant shall post a copy of the applicable wage rates at each jobsite at a location readily available to its workers. Any failure of Consultant and/or its subconsultant to comply with the above requirements relating to a public work project shall constitute a breach of this Agreement that excuses the City’s performance of this Agreement at the City’s sole and absolute option, and shall be at the sole risk of Consultant. Consultant on behalf of itself, any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Consultant and any subconsultant to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law relating to a public work.Said Board

Prevailing Wage. To the extent that the work or services to be performed under If this Agreement may be considered a “pertains to public work” pursuant and subject to works projects, this section is applicable. Contractor certifies that it is aware of the provisions of the California Labor Code Code, without limitation, section 1720 1720, et seq., Consultant (section 1770, et seq., and any subconsultant performing section 1771.1 that require the work or services) shall conform payment of prevailing wage rates to any certain classes of trade labor, the registration of Contractor(ies), Subcontractors and Sub-subcontractors, and other requirements. The Contractor agrees to fully comply with and to require its Subcontractors to fully comply with all applicable prevailing wage requirements applicable to such work/and or services under this Agreement. Consultant (and any subconsultant) shall adhere to of the prevailing wage determinations made by the Director of Industrial Relations (DIR) pursuant to California Labor Code Part 7Code. Contractor also acknowledges that, Chapter 1, Article 2, applicable to the work, if any. All workers employed in the execution for purposes of a public works contract (as such term is defined California Labor Code section 1720 et seq. and section 1782(d)(1)) must 1725.5, some of its Services may be paid not less than the specified prevailing wage rates for the type of a public work performed. Reference: California Labor Code sections 1720, 1774 and 1782. Consultant agrees to be bound by the prevailing wage requirements to the extent applicable to the scope of work and services under this Agreement, including, but not limited to, the following: a. If a worker is paid less than the applicable prevailing wage rate owed for a calendar day (or any portion thereof), Consultant shall pay the worker the difference between the prevailing wage rate and the amount actually paid for each calendar day (or portion thereof) for which the worker(s) was paid less than the prevailing wage rate, as specified in Labor Code section 1775; b. Consultant shall maintain 1771 applies. That portion of the Services is therefore subject to compliance monitoring and make available payroll enforcement by the Department of Industrial Relations. Contractor and worker records in accordance with Labor Code sections 1776 and 1812; c. If Consultant employs (and/or is legally required to employ) apprentices in performing the work and/or services under this Agreement, Consultant shall ensure compliance i t s Subcontractors must comply with Labor Code section 1777.5;1725.5, including without limitation the registration requirements. d. Consultant A. If it becomes necessary to employ a craft, classification or type of worker other than those listed on-line at xxxx://xxx.xxx.xx.xxx/oprl/DPreWageDetermination.htm, the Contractor shall contact the Division of Labor Statistics and Research to find the appropriate prevailing wage determination. If the Division of Labor Statistics and Research is aware unable to identify a determination that is applicable, the Contractor shall notify the Court immediately, and the Court will request a special determination from the Division of Labor Statistics and Research. The rate thus determined shall be applicable from the commencement of the limitations imposed on project. B. The Contractor and each Subcontractor shall keep an accurate payroll record showing the names, addresses, social security numbers, work classifications, straight time and overtime work hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by Labor Code sections 1810 et seqthe Contractor and/or Subcontractor in connection with the work. Payroll records shall be certified and shall be responsible for any penalties levied in accordance with on forms provided by the Division of Labor Code section 1813 for failing to pay required overtime wages; e. Consultant Standards Enforcement, or shall post a copy of contain the applicable wage rates at each jobsite at a location readily available to its workerssame information as those forms. Any failure of Consultant and/or its subconsultant to comply with Upon written request by the above requirements relating to a public work project shall constitute a breach of this Agreement that excuses Judicial Council, the CityContractor's and Subcontractor’s performance of this Agreement at the City’s sole and absolute option, and certified payroll records shall be at the sole risk of Consultant. Consultant on behalf of itself, any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Consultant and any subconsultant to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law relating to a public work.furnished within ten

Prevailing Wage. (a) To the extent that required by law, in the work or services rehabilitation of the Residential Site, Agent shall and shall cause all contractors and subcontractors to pay prevailing wages in performing any construction activities as may be required under federal Xxxxx-Xxxxx Act (40 USC 3141-3148) and the labor compliance provisions to be performed under this Agreement may be considered a “public work” provided by the Owner (if applicable), and pursuant and subject to Labor Code section Sections 1720 et seq. (the "Prevailing Wage Requirements"), and the implementing regulations of the Department of Industrial Relations (the "DIR"), to employ apprentices as required by Labor Code Sections 1777.5 et seq., and the implementing regulations of the DIR and comply with the other applicable provisions of Labor Code Sections 1720 et seq., Consultant 1777.5 et seq., 1810-1815, and implementing regulations of the DIR. (b) The Agent shall be responsible for ensuring a weekly certified payroll submitted through LCP Tracker is required during the term of rehabilitation of the improvements located on the Residential Site. (c) Agent shall indemnify, hold harmless and any subconsultant performing the work or services) shall conform to any and all prevailing wage requirements applicable to such work/and or services under this Agreement. Consultant defend (and any subconsultant) shall adhere with counsel reasonably acceptable to the Owner) the Owner, Owner, its governing board members, officers, representatives, agents, assigns and employees ("Owner Indemnitees") against any claim for damages against any claim for damages, compensation, fines, penalties or other amounts arising out of the failure or alleged failure of any person or entity (including Agent, its contractor and subcontractors) to pay prevailing wage determinations made by the Director of Industrial Relations (DIR) wages as determined pursuant to California Labor Code Part 7Section 1720 et seq., Chapter 1, Article 2, applicable to the work, if any. All workers employed in the execution of a public works contract (as such term is defined employ apprentices pursuant to California Labor Code section 1720 Section 1777.5 et seq. ., and section 1782(d)(1)) must be paid not less than the specified prevailing wage rates for the type of work performed. Reference: California Labor Code sections 1720, 1774 and 1782. Consultant agrees to be bound by the prevailing wage requirements to the extent applicable to the scope of work and services under this Agreement, including, but not limited to, the following: a. If a worker is paid less than the applicable prevailing wage rate owed for a calendar day (or any portion thereof), Consultant shall pay the worker the difference between the prevailing wage rate and the amount actually paid for each calendar day (or portion thereof) for which the worker(s) was paid less than the prevailing wage rate, as specified in Labor Code section 1775; b. Consultant shall maintain and make available payroll and worker records in accordance with Labor Code sections 1776 and 1812; c. If Consultant employs (and/or is legally required to employ) apprentices in performing the work and/or services under this Agreement, Consultant shall ensure compliance with Labor Code section 1777.5; d. Consultant is aware implementing regulations of the limitations imposed on overtime work by Labor Code sections 1810 et seq. and shall be responsible for any penalties levied in accordance with Labor Code section 1813 for failing to pay required overtime wages; e. Consultant shall post a copy of the applicable wage rates at each jobsite at a location readily available to its workers. Any failure of Consultant and/or its subconsultant DIR or to comply with the above other applicable provisions of California Labor Code Sections 1720 et seq., 1777.5 et seq., and the implementing regulations of the DIR in connection with the rehabilitation of the Residential Site or any other work undertaken or in connection with the Property under this Agreement. The requirements relating to a public work project shall constitute a breach in this subsection survive the termination of this Agreement that excuses Agreement. (d) Notwithstanding anything to the City’s performance contrary, Agent shall have no responsibility to indemnify the Owner Indemnitees for any construction activities contracted by the Owner outside of the scope of this Agreement at the City’s sole and absolute option, and shall be at the sole risk of Consultant. Consultant on behalf of itself, any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Consultant and any subconsultant to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law relating to a public workAgreement.

Prevailing Wage. To the extent Xxxxxxx acknowledges that the work or services to be performed under this Agreement may be considered a Project falls within the definition of “public workworks” pursuant and subject to Labor Code section 1720 et seq., Consultant (and any subconsultant performing the work or services) shall conform to any and all prevailing wage requirements applicable to such work/and or services under this Agreement. Consultant (and any subconsultant) shall adhere to the prevailing wage determinations made by the Director of Industrial Relations (DIR) pursuant to California Labor Code Part 7, Chapter 1, Article 2, applicable to the work, if any. All workers employed in the execution of a public works contract (as such term is defined California Labor Code section 1720 and is a “Public Works or Improvement” for purposes of prevailing wages under Chapter 6 of the City’s Administrative Code. Xxxxxxx acknowledges that persons performing work or labor on the Project may be performing work or labor subject to California or City prevailing wage requirements (“Covered Work”). In connection with the Project, Grantee shall comply with, and require that Xxxxxxx’s Contractor and all subcontractors comply with, all applicable California and City prevailing wage requirements. It is hereby understood and agreed that sections 1720, et seq. ., and 1770, et seq., of the California Labor Code and section 1782(d)(1)6.22(e) must be paid and 6.22(f) of the City’s Administrative Code are terms of this Agreement, and that Grantee shall include such requirements in its agreement with Grantee’s Contractor, and require Grantee’s Contractor to pass through all such requirements to all Project subcontractors. Such requirements include without limitation: 1. Xxxxxxx’s Contractor shall pay to all persons performing Covered Work on the Project not less than the specified highest general prevailing wage rates rate of wages determined as set forth herein for the type respective crafts and employments, including such wages for holiday and overtime work. 2. Grantee’s Contractor shall insert in every subcontract or other arrangement that it may make for the performance of work performedCovered Work on the Project a provision that said subcontractor shall pay to all persons performing Covered Work the highest general prevailing rate of wages determined as set forth herein for the respective crafts and employments, including such wages for holiday and over-time work. 3. Reference: California Labor Code sections 1720, 1774 and 1782. Consultant agrees Xxxxxxx’s Contractor shall keep or cause to be bound kept complete and accurate payroll records for all persons performing Covered Work. Such records shall include the name, address, and social security number of each worker who provided labor, including apprentices, their classification, a general description of the services each worker performed each day, the rate of pay (including rates of contributions for, or costs assumed to provide fringe benefits), daily and weekly number of hours worked, deductions made, and actual wages paid. Every subcontractor who shall undertake the performance of any part of the Project work herein required shall keep a like record of each person engaged in the execution of the subcontract. All such records shall at all times be available for inspection of and examination by the prevailing wage requirements City and its authorized representatives or the California Department of Industrial Relations (“DIR”). Xxxxxxx’s Contractor shall submit payroll records to the extent applicable State of California as California law requires and to the scope San Francisco Office of work and services under this AgreementLabor Standards Enforcement (“OLSE”) as City law or OLSE requires. 4. Should Grantee’s Contractor, including, but not limited to, the following: a. If a worker is paid less than the applicable prevailing wage rate owed for a calendar day (or any portion thereof)subcontractor who shall undertake the performance of any part of the Project work, Consultant fail or neglect to pay to the persons who perform Covered Work on the Project the highest general prevailing rate of wages as herein specified, Xxxxxxx’s Contractor shall forfeit, and in the case of any subcontractor so failing or neglecting to pay the worker the difference between the prevailing wage rate said wage, Xxxxxxx’s Contractor and the amount actually paid for each calendar day (or portion thereof) for which subcontractor shall jointly and severally forfeit, back wages due plus the worker(s) was paid less than the prevailing wage rate, as specified penalties set forth in Labor Code section 1775;, but not less than $50 per worker per day. b. Consultant 5. No person performing labor or rendering service in the performance of the Project shall maintain and make available payroll and worker records perform labor for a longer period than five days (Monday-Friday) per calendar week of eight hours each (with two 10-minute breaks per eight-hour day), except in those crafts in which a different work day or week now prevails by agreement in private employment. Any person working hours in addition to the above shall be compensated in accordance with the prevailing overtime standard and rates. If Xxxxxxx’s Contractor or any subcontractor violates this provision, it shall forfeit back wages due plus the penalties set forth in Labor Code sections 1776 section 1775, but not less than $50 per worker per day. 6. All Project work is subject to compliance monitoring or enforcement of prevailing wage requirements by the DIR or the OLSE. 7. Xxxxxxx’s Contractor shall post job site notices prescribed by the DIR at all job sites where Project work is to be performed. 8. Xxxxxxx’s Contractor must be registered with the DIR at the time of the execution of the agreement between Xxxxxxx and 1812; c. If Consultant employs (and/or is legally required Xxxxxxx’s Contractor and before Xxxxxxx’s Contractor performs any work. All Project subcontractors must be registered with the DIR prior to employ) apprentices in performing Project work. The most current highest prevailing wage rate determinations made at the work and/or services under time of the agreement between Grantee and Xxxxxxx’s Contractor shall at that time, and without further agreement by the City or Grantee, become a term of this Agreement, Consultant and Grantee shall ensure compliance incorporate the same rates into its agreement with Xxxxxxx’s Contractor. For all Covered Work, Grantee shall require that payments by Xxxxxxx’s Contractor or a subcontractor to a craft or classification not shown on the prevailing rate determinations shall comply with the rate of the craft or classification most closely related to it. An increase or decrease in prevailing wage rates shall not entitle Grantee to an adjustment in the amounts of the Grant Funds. Information regarding prevailing wage rates is available through OLSE’s website, and at the time of this Agreement, some such information may be found here: xxxxx://xxxxx.xxx/olse/prevailing-wage Xxxxxxx agrees that it is not a department, board, authority, officer, or agent of the City, but pursuant to this Agreement is an “awarding body” under California Labor Code section 1777.5; d. Consultant is aware of the limitations imposed on overtime work by Labor Code sections 1810 et seq1722. and shall be responsible for any penalties levied in accordance with Labor Code section 1813 for failing to pay required overtime wages; e. Consultant shall post a copy of the applicable wage rates at each jobsite at a location readily available to its workers. Any failure of Consultant and/or its subconsultant Xxxxxxx agrees to comply with an awarding body’s responsibilities as the above requirements relating California Labor Code requires. Among other things, Grantee shall register the Project with DIR prior to a public work project shall constitute a breach the start of this Agreement that excuses the City’s performance of this Agreement at the City’s sole and absolute option, and shall be at the sole risk of Consultant. Consultant on behalf of itself, any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Consultant and any subconsultant to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law relating to a public Project work.

Prevailing Wage. To the extent that the work or services to be performed under If this Agreement may be considered a “pertains to public work” pursuant and subject to works projects, this section is applicable. Title Company certifies that it is aware of the provisions of the California Labor Code Code, without limitation, section 1720 1720, et seq., Consultant (section 1770, et seq., and any subconsultant performing section 1771.1 that require the work or services) shall conform payment of prevailing wage rates to any certain classes of trade labor, the registration of Title Company(ies), Subcontractors and Sub-subcontractors, and other requirements. The Title Company agrees to fully comply with and to require its Subcontractors to fully comply with all applicable prevailing wage requirements applicable to such work/and or services under this Agreement. Consultant (and any subconsultant) shall adhere to of the prevailing wage determinations made by the Director of Industrial Relations (DIR) pursuant to California Labor Code Part 7Code. Title Company also acknowledges that, Chapter 1, Article 2, applicable to the work, if any. All workers employed in the execution for purposes of a public works contract (as such term is defined California Labor Code section 1720 et seq1725.5, some of its Services may be a public work to which Labor Code section 1771 applies. That portion of the Services is therefore subject to compliance monitoring and enforcement by the Department of Industrial Relations. Title Company and i t s Subcontractors must comply with Labor Code section 1782(d)(1)) must be paid not less 1725.5, including without limitation the registration requirements. A. If it becomes necessary to employ a craft, classification or type of worker other than those listed on-line at xxxx://xxx.xxx.xx.xxx/oprl/DPreWageDetermination.htm, the specified Title Company shall contact the Division of Labor Statistics and Research to find the appropriate prevailing wage rates for determination. If the type Division of Labor Statistics and Research is unable to identify a determination that is applicable, the Title Company shall notify the Court immediately, and the Court will request a special determination from the Division of Labor Statistics and Research. The rate thus determined shall be applicable from the commencement of the project. B. The Title Company and each Subcontractor shall keep an accurate payroll record showing the names, addresses, social security numbers, work performed. Reference: California Labor Code sections 1720classifications, 1774 straight time and 1782. Consultant agrees overtime hours worked each day and week, and the actual per diem wages paid to be bound each journeyman, apprentice, worker, or other employee employed by the prevailing wage requirements to Title Company and/or Subcontractor in connection with the extent applicable to work. Payroll records shall be certified and shall be on forms provided by the scope Division of work and services under this AgreementLabor Standards Enforcement, including, but not limited toor shall contain the same information as those forms. Upon written request by the Judicial Council, the following:Title Company's and Subcontractor’s certified payroll records shall be furnished within ten (10) days. The Title Company's and Subcontractor’s certified payroll records shall be available for inspection at the principal office of the Title Company. a. If a worker is paid less than the applicable prevailing wage rate owed for a calendar day (or any portion thereof), Consultant 1) Title Company shall pay travel and subsistence payments to persons required to execute the worker work as travel and subsistence payments are defined in applicable collective bargaining agreements filed with the difference between the prevailing wage rate Department of Industrial Relations, pursuant to Labor Code, Sections 1773.1 and the 1773.9. (2) Title Company acknowledges and agrees that, if this Agreement involves a dollar amount actually paid for each calendar day (or portion thereof) for which the worker(s) was paid less a number of working days greater than the prevailing wage rate, as those specified in Labor Code section 1775; b. Consultant shall maintain and make available payroll and worker records in accordance with 1777.5, then this Agreement is governed by the provisions of Labor Code sections 1776 and 1812; c. If Consultant employs (and/or is legally required Section 1777.5. It shall be the responsibility of Title Company to employ) apprentices in performing the work and/or services under this Agreement, Consultant shall ensure compliance with Labor Code section 1777.5; d. Consultant is aware of the limitations imposed on overtime work by Labor Code sections 1810 et seq. and shall be responsible 1777.5 for any penalties levied in accordance with Labor Code section 1813 for failing to pay required overtime wages; e. Consultant shall post a copy of the applicable wage rates at each jobsite at a location readily available to its workers. Any failure of Consultant and/or its subconsultant to comply with the above requirements relating to a public work project shall constitute a breach of this Agreement that excuses the City’s performance of this Agreement at the City’s sole and absolute option, and shall be at the sole risk of Consultant. Consultant on behalf of itself, any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Consultant and any subconsultant to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law relating to a public workapprenticeship occupations.

Prevailing Wage. To 5.1 Contractor shall comply and shall ensure that all Subcontractors comply with Sections 1770, 1771, 1772, 1773, 1774, and 1775 of the extent that State of California Labor Code. Compliance with these sections is required by this Contract. 5.2 A copy of the work or services to general prevailing per diem wage rates will be performed under this Agreement may on file at AOC’s Project Manager’s office and will be considered a “public work” pursuant and subject to Labor Code section 1720 et seq., Consultant (and any subconsultant performing the work or services) shall conform made available to any and all interested party upon request. Contractor shall post a copy of the general prevailing per diem wage requirements applicable to rates at the job site. By this reference, such work/and or services under this Agreementschedule is made part of the Contract Documents. Consultant (and any subconsultant) Contractor shall adhere to pay not less than the prevailing wage determinations made rates, as specified in the schedule and any amendments thereto, to all workers employed by Contractor in the execution of the Work. Contractor shall cause all subcontracts to include the provision that all Subcontractors shall pay not less than the prevailing rates to all workers employed by such Subcontractors in the execution of the Work. Contractor shall forfeit to AOC, as a penalty, not more than $200 for each calendar day or portion thereof for each worker that is 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 portion of the Work done by Contractor or any Subcontractor. The amount of this penalty shall be determined pursuant to California Labor Code Part 7, Chapter 1, Article 2, applicable to law. Such forfeiture amounts may be deducted from the work, Contract Sum or sought directly from the surety under its Performance Bond if any. All workers employed there are insufficient funds remaining in the execution of a public works contract (as such term is defined California Labor Code section 1720 et seqContract Sum. and section 1782(d)(1)) must be paid not less than the specified prevailing wage rates for the type of work performed. Reference: California Labor Code sections 1720, 1774 and 1782. Consultant agrees Contractor shall also pay to be bound by the prevailing wage requirements to the extent applicable to the scope of work and services under this Agreement, including, but not limited to, the following: a. If a any worker is paid less than the applicable prevailing wage rate owed for a calendar day (or any portion thereof), Consultant shall pay the worker the difference between the prevailing wage rate and the amount actually paid for each calendar day (or portion thereof) for which the worker(s) who was paid less than the prevailing wage rate for the work or craft for which the worker was employed for any portion of the Work, for each day, or portion thereof, for which the worker was paid less than the specified prevailing per diem wage rate, as an amount equal to the difference between the specified in Labor Code prevailing per diem wage rate and the amount which was paid to the worker. Review of any civil wage and penalty assessment shall be made pursuant to section 1775; b. Consultant shall maintain and make available payroll and worker records in accordance with Labor Code sections 1776 and 1812; c. If Consultant employs (and/or is legally required to employ) apprentices in performing the work and/or services under this Agreement, Consultant shall ensure compliance with Labor Code section 1777.5; d. Consultant is aware 1742 of the limitations imposed on overtime work by California Labor Code sections 1810 et seq. and shall be responsible for any penalties levied in accordance with Labor Code section 1813 for failing to pay required overtime wages; e. Consultant shall post a copy of the applicable wage rates at each jobsite at a location readily available to its workers. Any failure of Consultant and/or its subconsultant to comply with the above requirements relating to a public work project shall constitute a breach of this Agreement that excuses the City’s performance of this Agreement at the City’s sole and absolute option, and shall be at the sole risk of Consultant. Consultant on behalf of itself, any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Consultant and any subconsultant to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law relating to a public workCode.

Prevailing Wage. To the extent that the work or services to be performed under this Agreement may be considered a “public work” pursuant and subject to Labor Code section 1720 et seq., Consultant (and any subconsultant performing the work or services) shall conform to any and all prevailing wage requirements applicable to such work/and or services under this Agreement. Consultant (and any subconsultant) shall adhere to the prevailing wage determinations made by the Director of Industrial Relations (DIR) pursuant to California Labor Code Part 7provides that “not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, Chapter 1, Article 2, applicable and not less than the general prevailing rate of per diem wages for holiday and overtime work shall be paid to the work, if any. All all workers employed on public works.” Copies of the “General Prevailing Wage Rates” are on file in the execution office of CITY’s Department of Public Works, which shall be made available for inspection to any interested party on request, which said rates are hereby made a public works contract (part hereof and incorporated herein by reference as such term is defined though set forth in full. Section 1720 of the California Labor Code section provides that “public works” includes construction, alteration, demolition, installation, or repair work done under contracts and paid for in whole or in part out of public funds. It is expressly agreed by and between the parties hereto that CONTRACTOR shall pay not less than the general prevailing rate of per diem wages to these and other trades covered under California Labor Code Sections 1720 et seq. Prevailing Wage Rates can be downloaded from the Department of Industrial Relations website at xxxx://xxx.xxx.xx.xxx/DLSR/PWD/index.htm, or purchased from: Changes, if any, to the General Prevailing Wage Rates will be available at the same locations. CONTRACTOR shall also comply with the reporting requirements of California Labor Code Sections 1720 et seq. by preparing a weekly report of all payrolls for all employees performing the above-referenced work and section 1782(d)(1)) must by submitting such weekly report to CITY. Payrolls shall contain the full name, address and social security number of each employee, his/her correct classification, rate of pay, daily and weekly number of hours worked, itemized deductions made and actual wages paid. The employee’s address and social security number need only appear on the first payroll on which the employee’s name appears. The payroll shall be paid accompanied by a “Statement of Compliance” signed by CONTRACTOR or his/her authorized agent indicating that the payrolls are correct and complete and that the wage rates contained therein are not less than the specified prevailing wage rates for the type those required by this AGREEMENT. The “Statement of work performedCompliance” shall be on forms furnished by CITY or on any form with identical wording. Reference: California Labor Code sections 1720, 1774 and 1782. Consultant agrees to be bound by the prevailing wage requirements to the extent applicable to the scope of work and services under this Agreement, including, but not limited to, the following: a. If a worker is paid less than the applicable prevailing wage rate owed for a calendar day (or any portion thereof), Consultant CONTRACTOR shall pay the worker the difference between the prevailing wage rate and the amount actually paid for each calendar day (or portion thereof) for which the worker(s) was paid less than the prevailing wage rate, as specified in Labor Code section 1775; b. Consultant shall maintain and make available payroll and worker records in accordance with Labor Code sections 1776 and 1812; c. If Consultant employs (and/or is legally required to employ) apprentices in performing the work and/or services under this Agreement, Consultant shall ensure compliance with Labor Code section 1777.5; d. Consultant is aware of the limitations imposed on overtime work by Labor Code sections 1810 et seq. and shall also be responsible for any penalties levied in accordance with Labor Code section 1813 for failing to pay required overtime wages; e. Consultant shall post a copy submitting the weekly report(s) of the applicable wage rates at each jobsite at a location readily available to its workers. Any failure all payrolls of Consultant and/or its subconsultant to comply with the above requirements relating to a public work project shall constitute a breach of this Agreement that excuses the City’s performance of this Agreement at the City’s sole and absolute option, and shall be at the sole risk of Consultant. Consultant on behalf of itself, any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Consultant and any subconsultant to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law relating to a public worksubcontractors.

Prevailing Wage. To The Project is a public work, the extent that the work or services to Work shall be performed under this Agreement may be considered as a “public work” work and pursuant and subject to the provisions of Section 1770 et seq. of the Labor Code section 1720 et seq.of the State of California, Consultant (which are hereby incorporated by reference and any subconsultant performing the work or services) shall conform to any and all prevailing wage requirements applicable to such work/and or services under this Agreement. Consultant (and any subconsultant) shall adhere to the prevailing wage determinations made by a part hereof, the Director of Industrial Relations (DIR) pursuant has determined the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the work is to California Labor Code Part 7be performed, Chapter 1for each craft, Article 2classification or type of worker needed to execute this Agreement. Per diem wages shall be deemed to include employer payments for health and welfare, pension, vacation, apprenticeship or other training programs, and similar purposes. Copies of the rates are on file at the Owner's principal office. The rate of prevailing wage for any craft, classification or type of workmanship to be employed on this Project is the rate established by the applicable collective bargaining agreement which rate so provided is hereby adopted by reference and shall be effective for the life of this Agreement or until the Director of the Department of Industrial Relations determines that another rate be adopted. It shall be mandatory upon the Contractor and on any Subcontractor to pay not less than the work, if any. All said specified rates to all workers employed in the execution of this Agreement. (i) Penalties The Contractor and any Subcontractor under the Contractor as a public works contract (as such term is defined California Labor Code section 1720 et seq. and section 1782(d)(1)) must be paid not less than the specified prevailing wage rates for the type of work performed. Reference: California Labor Code sections 1720, 1774 and 1782. Consultant agrees to be bound by the prevailing wage requirements penalty to the extent applicable to the scope of work and services under this Agreement, including, but Owner shall forfeit not limited to, the following: a. If a more than Two Hundred Dollars ($200.00) for each Day or portion thereof for each worker is paid less than the applicable stipulated prevailing rates for such work or craft in which such worker is employed. The difference between such stipulated prevailing wage rate owed for a calendar day (or any portion thereof), Consultant shall pay the worker the difference between the prevailing wage rate rates and the amount actually paid to each worker for each calendar day (Day or portion thereof) thereof for which the worker(s) each worker was paid less than the stipulated prevailing wage raterate shall be paid to each worker by the Contractor. (j) Debarment A contractor or subcontractor shall not be qualified to enter into, or engage in the performance of, any contract of public work (as specified in defined by Division 2, Part 7, Chapter 1 (§§1720 et seq.) of the Labor Code) unless currently registered and qualified under Labor Code section 1775; b. Consultant 1725.5 to perform public work. Contractor shall maintain and make available payroll and worker records in accordance with post all required job site notices pursuant to the Labor Code sections 1776 and 1812; c. If Consultant employs (and/or is legally required to employ) apprentices in performing the work and/or services under this Agreement, Consultant shall ensure compliance with Labor Code section 1777.5; d. Consultant is aware of the limitations imposed on overtime work by Labor Code sections 1810 et seq. and shall be responsible for any penalties levied in accordance with Labor Code section 1813 for failing to pay required overtime wages; e. Consultant shall post a copy of the applicable wage rates at each jobsite at a location readily available to its workers. Any failure of Consultant and/or its subconsultant to comply with the above requirements relating to a public work project shall constitute a breach of this Agreement that excuses the City’s performance of this Agreement at the City’s sole and absolute option, and shall be at the sole risk of Consultant. Consultant on behalf of itself, any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Consultant and any subconsultant to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law relating to a public workrelated regulations.

Prevailing Wage. To CONTRACTOR and any subcontractor shall pay each employee engaged in the extent that trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work or services to be performed under this Agreement may be considered a “public work” pursuant and subject to Labor Code section 1720 et seq., Consultant (and any subconsultant done. CONTRACTOR performing the work or services) shall conform to any and all prevailing wage requirements applicable to such work/and or services under this Agreementcontract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. Consultant (As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and any subconsultant) shall adhere each subcontractor's responsibility to ensure that the prevailing wage determinations made rates of concern is current and paid to the employee. 6.6.1 The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at xxxx://xxx.xxx.xx.xxx/OPRL/pwd/Determinations/Northern/N orthern.pdf. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work. 6.6.2 Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Director Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of Industrial Relations (DIR) pursuant engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to California Labor Code the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, applicable of the Labor Code of the State of California. To forfeit as a penalty to CITY the worksum of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) for each laborer, if any. All workers worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of a public works contract (as such term is defined California Labor Code section 1720 et seq. and section 1782(d)(1)) must be paid not less than the specified prevailing wage rates for the type of work performed. Reference: California Labor Code sections 1720this contract, 1774 and 1782. Consultant agrees to be bound by the prevailing wage requirements to the extent applicable to the scope of work and services under this Agreement, including, but not limited to, the following: a. If a worker is paid less than the applicable prevailing wage rate owed for a calendar day (or any portion thereof), Consultant shall pay the worker the difference between the prevailing wage rate and the amount actually paid for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (or portion thereof) 8) hours and who is not paid the general prevailing rate of per diem wages for which holiday and overtime work in violation of the worker(s) was paid less than provisions of Sections 1770 to 1781 of the prevailing wage rate, as specified in Labor Code section 1775;of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract. b. Consultant 6.6.3 The CONTRACTOR to whom the contract is awarded shall maintain insure that the prime and make available payroll and worker records each subcontractor will in accordance with Labor Code sections Section 1776 and 1812; c. If Consultant employs (and/or is legally required to employ) apprentices in performing the work and/or services under this Agreement, Consultant shall ensure compliance with Labor Code section 1777.5; d. Consultant is aware of the limitations imposed on overtime work by Labor Code sections 1810 et seqCode, maintain certified payroll records. and A copy of said records shall be responsible for any penalties levied in accordance provided with Labor Code section 1813 for failing each invoice to pay required overtime wages; e. Consultant the Economic Development Department, Attention Parking and Venue Manager. It shall post a copy be the CONTRACTOR'S responsibility to obtain copies of the applicable current prevailing wage rates at each jobsite at a location readily available rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to its workers. Any failure of Consultant and/or its subconsultant to the DIR website as required by labor code. 6.6.4 The CONTRACTOR shall comply with the above requirements relating to a public work project shall constitute a breach provisions established in Section 1777.5 of this Agreement that excuses the City’s performance Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of this Agreement at the City’s sole and absolute optionapprentices, and shall be at 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the sole risk of Consultant. Consultant on behalf of itself, any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Consultant and any subconsultant to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law relating to a public workjob.

Prevailing Wage. To CONTRACTOR and any subcontractor shall pay each employee engaged in the extent that trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing wage and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work or services to be performed under this Agreement may be considered a “public work” pursuant and subject to Labor Code section 1720 et seq., Consultant (and any subconsultant done. CONTRACTOR performing the work or services) shall conform to any and all prevailing wage requirements applicable to such work/and or services under this Agreementcontract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. Consultant (As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and any subconsultant) shall adhere each subcontractor's responsibility to ensure that the prevailing wage determinations made rates of concern is current and paid to the employee. i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at xxxx://xxx.xxx.xx.xxx/OPRL/pwd/Determinations/Northern/Northern.pdf. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work. ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Director Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of Industrial Relations (DIR) pursuant engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to California Labor Code the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, applicable of the Labor Code of the State of California. To forfeit as a penalty to CITY the worksum of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) for each laborer, if any. All workers worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of a public works contract (as such term is defined California Labor Code section 1720 et seq. and section 1782(d)(1)) must be paid not less than the specified prevailing wage rates for the type of work performed. Reference: California Labor Code sections 1720this contract, 1774 and 1782. Consultant agrees to be bound by the prevailing wage requirements to the extent applicable to the scope of work and services under this Agreement, including, but not limited to, the following: a. If a worker is paid less than the applicable prevailing wage rate owed for a calendar day (or any portion thereof), Consultant shall pay the worker the difference between the prevailing wage rate and the amount actually paid for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (or portion thereof) 8) hours and who is not paid the general prevailing rate of per diem wages for which holiday and overtime work in violation of the worker(s) was paid less than provisions of Sections 1770 to 1781 of the prevailing wage rate, as specified in Labor Code section 1775;of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract. b. Consultant iii. The CONTRACTOR to whom the contract is awarded shall maintain insure that the prime and make available payroll and worker records each subcontractor will in accordance with Labor Code sections Section 1776 and 1812; c. If Consultant employs (and/or is legally required to employ) apprentices in performing the work and/or services under this Agreement, Consultant shall ensure compliance with Labor Code section 1777.5; d. Consultant is aware of the limitations imposed on overtime work by Labor Code sections 1810 et seqCode, maintain certified payroll records. and A copy of said records shall be responsible for any penalties levied in accordance provided with Labor Code section 1813 for failing each invoice to pay required overtime wages; e. Consultant the Municipal Utilities department, Attention Contract Compliance Officer. It shall post a copy be the CONTRACTOR’S responsibility to obtain copies of the applicable current prevailing wage rates at each jobsite at a location readily available rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to its workersthe DIR website as required by labor code. iv. Any failure of Consultant and/or its subconsultant to The CONTRACTOR shall comply with the above requirements relating to a public work project shall constitute a breach provisions established in Section 1777.5 of this Agreement that excuses the City’s performance Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of this Agreement at the City’s sole and absolute optionapprentices, and shall be at 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the sole risk job. REGIONAL WASTEWATER CONTROL FACILITY PRIMARY SCUM CONCENTRATOR REPLACEMENT, PROJECT NO. M17004 PAGE 5 of Consultant. Consultant on behalf of itself, any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Consultant and any subconsultant to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law relating to a public work.7

Prevailing Wage. To CONTRACTOR and any subcontractor shall pay each employee engaged in the extent that trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing wage and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work or services to be performed under this Agreement may be considered a “public work” pursuant and subject to Labor Code section 1720 et seq., Consultant (and any subconsultant done. CONTRACTOR performing the work or services) shall conform to any and all prevailing wage requirements applicable to such work/and or services under this Agreementcontract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. Consultant (As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and any subconsultant) shall adhere each subcontractor's responsibility to ensure that the prevailing wage determinations made rates of concern is current and paid to the employee. i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at xxxx://xxx.xxx.xx.xxx/OPRL/pwd/Determinations/Northern/Northern.pdf. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work. ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Director Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of Industrial Relations (DIR) pursuant engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to California Labor Code the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, applicable of the Labor Code of the State of California. To forfeit as a penalty to CITY the worksum of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) for each laborer, if any. All workers worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of a public works contract (as such term is defined California Labor Code section 1720 et seq. and section 1782(d)(1)) must be paid not less than the specified prevailing wage rates for the type of work performed. Reference: California Labor Code sections 1720this contract, 1774 and 1782. Consultant agrees to be bound by the prevailing wage requirements to the extent applicable to the scope of work and services under this Agreement, including, but not limited to, the following: a. If a worker is paid less than the applicable prevailing wage rate owed for a calendar day (or any portion thereof), Consultant shall pay the worker the difference between the prevailing wage rate and the amount actually paid for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (or portion thereof) 8) hours and who is not paid the general prevailing rate of per diem wages for which holiday and overtime work in violation of the worker(s) was paid less than provisions of Sections 1770 to 1781 of the prevailing wage rate, as specified in Labor Code section 1775;of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract. b. Consultant iii. The CONTRACTOR to whom the contract is awarded shall maintain insure that the prime and make available payroll and worker records each subcontractor will in accordance with Labor Code sections Section 1776 and 1812; c. If Consultant employs (and/or is legally required to employ) apprentices in performing the work and/or services under this Agreement, Consultant shall ensure compliance with Labor Code section 1777.5; d. Consultant is aware of the limitations imposed on overtime work by Labor Code sections 1810 et seqCode, maintain certified payroll records. and A copy of said records shall be responsible for any penalties levied in accordance provided with Labor Code section 1813 for failing each invoice to pay required overtime wages; e. Consultant the Municipal Utilities department, Attention Contract Compliance Officer. It shall post a copy be the CONTRACTOR’S responsibility to obtain copies of the applicable current prevailing wage rates at each jobsite at a location readily available rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to its workersthe DIR website as required by labor code. Any failure DIGESTER C CLEANING PROJECT NO. P21000 Page 4 of Consultant and/or its subconsultant to 31 iv. The CONTRACTOR shall comply with the above requirements relating to a public work project shall constitute a breach provisions established in Section 1777.5 of this Agreement that excuses the City’s performance Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of this Agreement at the City’s sole and absolute optionapprentices, and shall be at 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the sole risk of Consultant. Consultant on behalf of itself, any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Consultant and any subconsultant to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law relating to a public workjob.

Prevailing Wage. To the extent that the work or services to be performed under this Agreement may be considered a “public work” pursuant and 3.1 The Contract is subject to the provisions of Part 7 of Division 2 of the California Labor Code section (Sections 1720 et seq.and following), Consultant (and Contractor and any subconsultant performing the work or services) subcontractor shall conform to any and all prevailing wage requirements applicable to such work/and or services under this Agreement. Consultant (and any subconsultant) shall adhere to pay not less than the prevailing rates of wage determinations made as determined by the Director California Department of Industrial Relations (“DIR”) pursuant to California Labor Code Part 7, Chapter 1, Article 2, applicable to the work, if any. All all workers employed in performance of the execution Work. Pursuant to the provisions of Section 1770 of the California Labor Code, the City has obtained the general prevailing rate of wages and employer payments for health and welfare, vacation, pension and sim lar purposes in the vicinity of the Work, a copy of which is on file in the office of the City, and shall be made available for viewing to any interested party upon reque t. Full compensation for conforming to the requirements of this section 3 shall be deemed included in the prices paid for the various contract items of work, and no separate payment will be made therefor. In accordance with Section 1815 of the California Labor Code, Contractor and all subcontractors shall pay all workers 3.2 Contractor and all subcontractors are not qualified to bid on or be listed in a bid proposal, subject to the requirements of section 4104 of the California Labor Code, and shall not engage in the performance of any work under this contract, unless currently registered and qualified to perform public works contract (as such term work pursuant to 3.3 Contractor shall post at the job site the determination of the director of the prevailing rate of per diem wages together with all job site notices that are required by regulations of the DIR. 3.4 This project is defined subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor and any subcontractors shall keep accurate payroll records, in accordance with Section 1776 of the California Labor Code, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by Contractor or subcontractor in connection with the Work and shall furnish the records specified in California Labor Code section 1720 et seq. and section 1782(d)(1)) must be paid not less than the specified prevailing wage rates for the type of work performed. Reference: California Labor Code sections 1720, 1774 and 1782. Consultant agrees 1776 directly to be bound by the prevailing wage requirements to the extent applicable to the scope of work and services under this Agreement, including, but not limited to, the following: a. If a worker is paid less than the applicable prevailing wage rate owed for a calendar day (or any portion thereof), Consultant shall pay the worker the difference between the prevailing wage rate and the amount actually paid for each calendar day (or portion thereof) for which the worker(s) was paid less than the prevailing wage rate, as specified in Labor Code section 1775; b. Consultant shall maintain and make available payroll and worker records in accordance with Labor Code sections 1776 and 1812; c. If Consultant employs (and/or is legally required to employ) apprentices in performing the work and/or services under this Agreement, Consultant shall ensure compliance with Labor Code section 1777.5; d. Consultant is aware of the limitations imposed on overtime work by Labor Code sections 1810 et seq. and shall be responsible for any penalties levied in accordance with Labor Code section 1813 for failing to pay required overtime wages; e. Consultant shall post a copy of the applicable wage rates at each jobsite at a location readily available to its workers. Any failure of Consultant and/or its subconsultant to comply with the above requirements relating to a public work project shall constitute a breach of this Agreement that excuses the City’s performance of this Agreement at the City’s sole and absolute option, and shall be at the sole risk of Consultant. Consultant on behalf of itself, any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Consultant and any subconsultant to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law relating to a public work.the

Prevailing Wage. To CONTRACTOR and any subcontractor shall pay each employee engaged in the extent that trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing wage and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work or services to be performed under this Agreement may be considered a “public work” pursuant and subject to Labor Code section 1720 et seq., Consultant (and any subconsultant done. CONTRACTOR performing the work or services) shall conform to any and all prevailing wage requirements applicable to such work/and or services under this Agreementcontract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. Consultant (As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and any subconsultant) shall adhere each subcontractor's responsibility to ensure that the prevailing wage determinations made rates of concern is current and paid to the employee. i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at xxxx://xxx.xxx.xx.xxx/OPRL/pwd/Determinations/Northern/Northern.pdf. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work. ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Director Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of Industrial Relations (DIR) pursuant engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to California Labor Code the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, applicable of the Labor Code of the State of California. To forfeit as a penalty to CITY the worksum of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) for each laborer, if any. All workers worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of a public works contract (as such term is defined California Labor Code section 1720 et seq. and section 1782(d)(1)) must be paid not less than the specified prevailing wage rates for the type of work performed. Reference: California Labor Code sections 1720this contract, 1774 and 1782. Consultant agrees to be bound by the prevailing wage requirements to the extent applicable to the scope of work and services under this Agreement, including, but not limited to, the following: a. If a worker is paid less than the applicable prevailing wage rate owed for a calendar day (or any portion thereof), Consultant shall pay the worker the difference between the prevailing wage rate and the amount actually paid for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (or portion thereof) 8) hours and who is not paid the general prevailing rate of per diem wages for which holiday and overtime work in violation of the worker(s) was paid less than provisions of Sections 1770 to 1781 of the prevailing wage rate, as specified in Labor Code section 1775;of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract. b. Consultant iii. The CONTRACTOR to whom the contract is awarded shall maintain insure that the prime and make available payroll and worker records each subcontractor will in accordance with Labor Code sections Section 1776 and 1812; c. If Consultant employs (and/or is legally required to employ) apprentices in performing the work and/or services under this Agreement, Consultant shall ensure compliance with Labor Code section 1777.5; d. Consultant is aware of the limitations imposed on overtime work by Labor Code sections 1810 et seqCode, maintain certified payroll records. and A copy of said records shall be responsible for any penalties levied in accordance provided with Labor Code section 1813 for failing each invoice to pay required overtime wages; e. Consultant the Municipal Utilities department, Attention Contract Compliance Officer. It shall post a copy be the CONTRACTOR’S responsibility to obtain copies of the applicable current prevailing wage rates at each jobsite at a location readily available rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to its workersthe DIR website as required by labor code. Any failure NORTH STOCKTON PIPELINE SODIUM HYPOCHLORITE INJECTION SYSTEM PROJECT NO. M17012 Page 5 of Consultant and/or its subconsultant to 7 iv. The CONTRACTOR shall comply with the above requirements relating to a public work project shall constitute a breach provisions established in Section 1777.5 of this Agreement that excuses the City’s performance Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of this Agreement at the City’s sole and absolute optionapprentices, and shall be at 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the sole risk of Consultant. Consultant on behalf of itself, any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Consultant and any subconsultant to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law relating to a public workjob.

Prevailing Wage. To the extent that the work or The services to be performed contemplated under this Agreement may be considered a include “public workworks” pursuant and subject to within the meaning of Labor Code section Section 1720 et seq. When applicable, Contractor hereby agrees to pay not less than prevailing rates of wages and be responsible for compliance with all the provisions of the California Labor Code, Article 2-Wages, Chapter 1, Part 7, Division 2, Section 1770 et seq. A copy of the prevailing wage scale established by the Department of Industrial Relations is on file in the office of the Director of Public Works, and available at xxx.xxx.xx.xxx/XXXX or by phone at 000-000-0000. California Labor Code Section 1776(a) requires each contractor and subcontractor keep accurate payroll records of trades workers on all public works projects and to submit copies of certified payroll records upon request. Contractor expressly covenants and agrees to comply with all the provisions of the Labor Code of the State of California. Any labor on public works over eight (8) hours during any one calendar day, and forty (40) hours in any one calendar week, shall comply with California overtime laws. Contractor agrees to the payment of not less than the prevailing wage rates, when applicable, and further agrees to the forfeitures provided for in said Labor Code and as set forth in Section 7 (“Legal Relations and Responsibility”) of the Standard Specifications and all amendments thereto, in the event of a violation of any of the provisions thereof during the course of execution of this Contract. When applicable, the Contractor expressly agrees to be responsible for compliance with all the provisions of Sections 1771, 1771.4, 1774-1776, 1777.5, 1813, 1815, and 1860 of the California Labor Code. Additionally, in accordance with the provisions of Section 3700 of the California Labor Code, every contractor will be required to secure the payment of compensation to his or her employees. Additionally, for any services on projects which constitute “public works” within the meaning of Labor Code Section 1720 et seq., Consultant the following provisions apply: • No contractor or subcontractor may be listed on a bid proposal for a public works project (and any subconsultant performing submitted after March 1, 2015) unless registered with the work or services) shall conform to any and all prevailing wage requirements applicable to such work/and or services under this Agreement. Consultant (and any subconsultant) shall adhere to the prevailing wage determinations made by the Director Department of Industrial Relations (DIR) pursuant to California Labor Code Part 7, Chapter 1, Article 2, applicable to the work, if anysection 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. All workers employed in the execution of • No contractor or subcontractor may be awarded a contract for public work on a public works contract project (as such term is defined California awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1720 et seq1725.5. • All “public works” projects are subject to compliance monitoring and section 1782(d)(1)) must be paid not less than the specified prevailing wage rates for the type of work performed. Reference: California Labor Code sections 1720, 1774 and 1782. Consultant agrees to be bound enforcement by the prevailing wage requirements to the extent applicable to the scope Department of work Industrial Relations. In witness of and services under in agreement with this Agreement, including, but not limited to’s terms, the following: a. If a worker is paid less than the applicable prevailing wage rate owed for a calendar day parties, by their duly authorized representatives, affix their respective signatures: For Contractor: Capital Program Management, Inc. Contractor Signature Date Xxxx Xxxxxxxxxx Contractor Name (or any portion thereof)please print) COUNTY OF SAN MATEO By: President, Consultant shall pay the worker the difference between the prevailing wage rate and the amount actually paid for each calendar day (or portion thereof) for which the worker(s) was paid less than the prevailing wage rateBoard of Supervisors, as specified in Labor Code section 1775; b. Consultant shall maintain and make available payroll and worker records in accordance with Labor Code sections 1776 and 1812; c. If Consultant employs (and/or is legally required to employ) apprentices in performing the work and/or services under this Agreement, Consultant shall ensure compliance with Labor Code section 1777.5; d. Consultant is aware San Mateo County Date: ATTEST: By: Clerk of the limitations imposed on overtime work by Labor Code sections 1810 et seq. and shall be responsible for any penalties levied in accordance with Labor Code section 1813 for failing to pay required overtime wages; e. Consultant shall post a copy of the applicable wage rates at each jobsite at a location readily available to its workers. Any failure of Consultant and/or its subconsultant to comply with the above requirements relating to a public work project shall constitute a breach of this Agreement that excuses the City’s performance of this Agreement at the City’s sole and absolute option, and shall be at the sole risk of Consultant. Consultant on behalf of itself, any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Consultant and any subconsultant to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law relating to a public work.Said Board

Prevailing Wage. To a. All Laborers and Mechanics employed in the extent that construction of the work Improvements will be paid unconditionally and not less often than once a week, and without subsequent deduction or services rebate on any account (except such payroll deductions as are permitted by §11.5) the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at the time of payment computed at rates not less than those contained in the General Prevailing Wage Determination (hereinafter referred to be performed under this Agreement may be considered a as the “public work” pursuant and subject to Labor Code section 1720 et seq., Consultant (and any subconsultant performing the work or servicesWage Determination”) shall conform to any and all prevailing wage requirements applicable to such work/and or services under this Agreement. Consultant (and any subconsultant) shall adhere to the prevailing wage determinations made by the Director of Industrial Relations (DIR) pursuant to California Labor Code Part 7, Chapter 1, Article 2, sections 1770, 1773 and 1773.1, regardless of any contractual relationship which may be alleged to exist between the Contractor and such Laborers and Mechanics. A copy of the applicable to the work, if any. All workers employed Wage Determination is on file in the execution of a public works contract (as such term is defined California Labor Code section 1720 et seq. and section 1782(d)(1)) must be paid not less than the specified prevailing wage rates for the type of work performed. Reference: California Labor Code sections 1720, 1774 and 1782. Consultant agrees to be bound by the prevailing wage requirements to the extent applicable to the scope of work and services under this Agreement, including, but not limited to, the following: a. If a worker is paid less than the applicable prevailing wage rate owed for a calendar day (or any portion thereof), Consultant shall pay the worker the difference between the prevailing wage rate and the amount actually paid for each calendar day (or portion thereof) for which the worker(s) was paid less than the prevailing wage rate, as specified in Labor Code section 1775; b. Consultant shall maintain and make available payroll and worker records in accordance with Labor Code sections 1776 and 1812; c. If Consultant employs (and/or is legally required to employ) apprentices in performing the work and/or services under this Agreement, Consultant shall ensure compliance with Labor Code section 1777.5; d. Consultant is aware offices of the limitations imposed on overtime work by Labor Code sections 1810 et seqAgency with the Development Services Manager. and At the time of escrow closing the Agency shall be responsible for any penalties levied in accordance provide the Borrower with Labor Code section 1813 for failing to pay required overtime wages; e. Consultant shall post a copy of the applicable Wage Determination. b. All Laborers and Mechanics shall be paid the appropriate wage rates rate and fringe benefits for the classification of work actually performed, without regard to skill. Laborers or Mechanics performing work in more than one classification may be compensated at the rate specified for each jobsite at classification for the time actually worked therein provided that the Contractor's payroll records accurately set forth the time spent in each classification in which work is performed. c. Whenever the wage rate prescribed in the Wage Determination for a location readily available to its workers. Any failure class of Consultant and/or its subconsultant to comply with Laborers or Mechanics includes a fringe benefit which is not expressed as an hourly rate, the above requirements relating Contractor shall either pay the benefit in the manner as stated therein i.e. the vacation plan, the health benefit program, the pension plan and the apprenticeship program, or shall pay an hourly cash equivalent thereof. d. If the Contractor does not make payments to a public work project shall constitute trustee or other third person, the Contractor may consider as part of the wages of any Laborer or Mechanic the amount of any costs reasonably anticipated in providing benefits under a breach plan or program of this Agreement a type expressly listed in the Wage Determination, provided that excuses the City’s performance Executive Director of this Agreement at the City’s sole and absolute optionAgency has found, and upon the written request of the Contractor, made through the Borrower that the intent of the Labor Standards has been met. Records of such costs shall be at maintained in the sole risk of Consultant. Consultant on behalf of itself, any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure manner set forth in subsection (or alleged failurea) of the Consultant and any subconsultant to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law relating to a public work§11.

Prevailing Wage. To CONTRACTOR and any subcontractor shall pay each employee engaged in the extent that trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing wage and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work or services to be performed under this Agreement may be considered a “public work” pursuant and subject to Labor Code section 1720 et seq., Consultant (and any subconsultant done. CONTRACTOR performing the work or services) shall conform to any and all prevailing wage requirements applicable to such work/and or services under this Agreementcontract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. Consultant (As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and any subconsultant) shall adhere each subcontractor's responsibility to ensure that the prevailing wage determinations made rates of concern is current and paid to the employee. i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at xxxx://xxx.xxx.xx.xxx/OPRL/pwd/Determinations/Northern/Northern.pdf. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work. ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Director Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of Industrial Relations (DIR) pursuant engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to California Labor Code the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, applicable of the Labor Code of the State of California. To forfeit as a penalty to CITY the worksum of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) for each laborer, if any. All workers worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of a public works contract (as such term is defined California Labor Code section 1720 et seq. and section 1782(d)(1)) must be paid not less than the specified prevailing wage rates for the type of work performed. Reference: California Labor Code sections 1720this contract, 1774 and 1782. Consultant agrees to be bound by the prevailing wage requirements to the extent applicable to the scope of work and services under this Agreement, including, but not limited to, the following: a. If a worker is paid less than the applicable prevailing wage rate owed for a calendar day (or any portion thereof), Consultant shall pay the worker the difference between the prevailing wage rate and the amount actually paid for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (or portion thereof) 8) hours and who is not paid the general prevailing rate of per diem wages for which holiday and overtime work in violation of the worker(s) was paid less than provisions of Sections 1770 to 1781 of the prevailing wage rate, as specified in Labor Code section 1775;of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract. b. Consultant iii. The CONTRACTOR to whom the contract is awarded shall maintain insure that the prime and make available payroll and worker records each subcontractor will in accordance with Labor Code sections Section 1776 and 1812; c. If Consultant employs (and/or is legally required to employ) apprentices in performing the work and/or services under this Agreement, Consultant shall ensure compliance with Labor Code section 1777.5; d. Consultant is aware of the limitations imposed on overtime work by Labor Code sections 1810 et seqCode, maintain certified payroll records. and A copy of said records shall be responsible for any penalties levied in accordance provided with Labor Code section 1813 for failing each invoice to pay required overtime wages; e. Consultant the Municipal Utilities department, Attention Contract Compliance Officer. It shall post a copy be the CONTRACTOR’S responsibility to obtain copies of the applicable current prevailing wage rates at each jobsite at a location readily available rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to its workersthe DIR website as required by labor code. iv. Any failure of Consultant and/or its subconsultant to The CONTRACTOR shall comply with the above requirements relating to a public work project shall constitute a breach provisions established in Section 1777.5 of this Agreement that excuses the City’s performance Labor Code concerning the 1) certified approval by local joint apprenticeship DIGESTER WALL REPAIRS, PROJECT NO. M43000 Page 4 of this Agreement at 6 committees for the City’s sole employment and absolute optiontraining of apprentices, and shall be at 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the sole risk of Consultant. Consultant on behalf of itself, any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Consultant and any subconsultant to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law relating to a public workjob.

Prevailing Wage. To CONSULTANT acknowledges that portions of this contract are a Public Work, subject to the extent that provisions of Section 1771 of the work California Labor Code. CONSULTANT shall pay, or services cause to be performed under this Agreement may be considered a “public work” pursuant and subject to paid, prevailing wages, as set forth in the California Labor Code section 1720 et Section 1770 et. seq., Consultant (and any subconsultant performing for all labor performed on the work or services) shall conform Project sites to any and all prevailing wage requirements applicable to such work/and or facilitate the professional services provided under this Agreement. Consultant (and any subconsultant) shall adhere to the prevailing wage determinations made by the Director of Industrial Relations (DIR) pursuant to California Labor Code Part 7, Chapter 1, Article 2, applicable to the work, if any. All workers employed in the execution of a public works contract (as such term is defined California Labor Code section 1720 et seq. and section 1782(d)(1)) must be paid not less than the specified prevailing wage rates for the type of work performed. Reference: California Labor Code sections 1720, 1774 and 1782. Consultant agrees to be bound by the prevailing wage requirements to the extent applicable to the scope of work and services under this AgreementAGREEMENT, including, but not limited toto inspection, surveying, drilling, trenching, and excavation. CONSULTANT shall include in all agreements for such labor, a requirement that the following: a. If a worker employer provide all workers with written notice that prevailing wages apply. The CONSULTANT is paid less than the applicable subject to prevailing wage rate owed compliance monitoring and enforcement by the California Department of Industrial Relations. The CONSULTANT or Subcontractor(s) shall not be qualified to bid on, be listed on the bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a calendar day (violation of this section for an unregistered Contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or any portion thereof)by Section 10164 or 20103.5 of the Public Contract Code, Consultant provided the contractor is registered to perform Public Work pursuant to Section 1725.5 at the time the contract is awarded. CONSULTANT shall pay maintain, or cause to be maintained, all records documenting the worker payment of prevailing wages as required by the difference between the State prevailing wage rate and law. CONSULTANT shall provide to the amount actually paid for each calendar day (or portion thereof) for which CITY, at no cost to the worker(s) was paid less than the prevailing wage rateCITY, as specified in Labor Code section 1775; b. Consultant shall maintain and make available payroll and worker records in accordance with Labor Code sections 1776 and 1812; c. If Consultant employs (and/or is legally required to employ) apprentices in performing the work and/or services under this Agreement, Consultant shall ensure compliance with Labor Code section 1777.5; d. Consultant is aware of the limitations imposed on overtime work by Labor Code sections 1810 et seq. and shall be responsible for any penalties levied in accordance with Labor Code section 1813 for failing to pay required overtime wages; e. Consultant shall post a copy of all such records within ten (10) working days of a request for such records by CITY. CONSULTANT expressly agrees that the applicable wage rates at each jobsite at a location readily available compensation agreed to its workers. Any failure of Consultant and/or its subconsultant between the parties includes all payment necessary to comply with the above requirements relating to a public work project shall constitute a breach of this Agreement that excuses the City’s performance of this Agreement at the City’s sole and absolute option, and shall be at the sole risk of Consultant. Consultant on behalf of itself, any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Consultant and any subconsultant to pay prevailing wages or to otherwise comply with the requirements of meet State prevailing wage law relating requirements. CONSULTANT shall indemnify the CITY for any claims, costs or expenses which the CITY incurs as a result of CONSULTANT’S failure to a public workpay, or cause to be paid, prevailing wages.

Prevailing Wage. To the extent Xxxxxxx acknowledges that the work or services to be performed under this Agreement may be considered a Project falls within the definition of “public workworks” pursuant and subject to Labor Code section 1720 et seq., Consultant (and any subconsultant performing the work or services) shall conform to any and all prevailing wage requirements applicable to such work/and or services under this Agreement. Consultant (and any subconsultant) shall adhere to the prevailing wage determinations made by the Director of Industrial Relations (DIR) pursuant to California Labor Code Part 7, Chapter 1, Article 2, applicable to the work, if any. All workers employed in the execution of a public works contract (as such term is defined California Labor Code section 1720 and is a “Public Works or Improvement” for purposes of prevailing wages under Chapter 6 of the City’s Administrative Code. Xxxxxxx acknowledges that persons performing work or labor on the Project may be performing work or labor subject to California or City prevailing wage requirements (“Covered Work”). In connection with the Project, Grantee shall comply with, and require that Xxxxxxx’s Contractor and all subcontractors comply with, all applicable California and City prevailing wage requirements. It is hereby understood and agreed that sections 1720, et seq. ., and 1770, et seq., of the California Labor Code and section 1782(d)(1)6.22(e) must be paid and 6.22(f) of the City’s Administrative Code are terms of this Agreement, and that Grantee shall include such requirements in its agreement with Grantee’s Contractor, and require Grantee’s Contractor to pass through all such requirements to all Project subcontractors. Such requirements include without limitation: 1. Xxxxxxx’s Contractor shall pay to all persons performing Covered Work on the Project not less than the specified highest general prevailing wage rates rate of wages determined as set forth herein for the type respective crafts and employments, including such wages for holiday and overtime work. 2. Grantee’s Contractor shall insert in every subcontract or other arrangement that it may make for the performance of work performedCovered Work on the Project a provision that said subcontractor shall pay to all persons performing Covered Work the highest general prevailing rate of wages determined as set forth herein for the respective crafts and employments, including such wages for holiday and over-time work. 3. Reference: California Labor Code sections 1720, 1774 and 1782. Consultant agrees Xxxxxxx’s Contractor shall keep or cause to be bound kept complete and accurate payroll records for all persons performing Covered Work. Such records shall include the name, address, and social security number of each worker who provided labor, including apprentices, their classification, a general description of the services each worker performed each day, the rate of pay (including rates of contributions for, or costs assumed to provide fringe benefits), daily and weekly number of hours worked, deductions made, and actual wages paid. Every subcontractor who shall undertake the performance of any part of the Project work herein required shall keep a like record of each person engaged in the execution of the subcontract. All such records shall at all times be available for inspection of and examination by the prevailing wage requirements City and its authorized representatives or the California Department of Industrial Relations (“DIR”). Xxxxxxx’s Contractor shall submit payroll records to the extent applicable State of California as California law requires and to the scope San Francisco Office of work and services under this AgreementLabor Standards Enforcement (“OLSE”) as City law or OLSE requires. 4. Should Grantee’s Contractor, including, but not limited to, the following: a. If a worker is paid less than the applicable prevailing wage rate owed for a calendar day (or any portion thereof)subcontractor who shall undertake the performance of any part of the Project work, Consultant fail or neglect to pay to the persons who perform Covered Work on the Project the highest general prevailing rate of wages as herein specified, Xxxxxxx’s Contractor shall forfeit, and in the case of any subcontractor so failing or neglecting to pay the worker the difference between the prevailing wage rate said wage, Xxxxxxx’s Contractor and the amount actually paid for each calendar day (or portion thereof) for which subcontractor shall jointly and severally forfeit, back wages due plus the worker(s) was paid less than the prevailing wage rate, as specified penalties set forth in Labor Code section 1775;, but not less than $50 per worker per day. b. Consultant 5. No person performing labor or rendering service in the performance of the Project shall maintain and make available payroll and worker records perform labor for a longer period than five days (Monday-Friday) per calendar week of eight hours each (with two 10-minute breaks per eight-hour day), except in those crafts in which a different work day or week now prevails by agreement in private employment. Any person working hours in addition to the above shall be compensated in accordance with the prevailing overtime standard and rates. If Xxxxxxx’s Contractor or any subcontractor violates this provision, it shall forfeit back wages due plus the penalties set forth in Labor Code sections 1776 section 1775, but not less than $50 per worker per day. 6. All Project work is subject to compliance monitoring or enforcement of prevailing wage requirements by the DIR or the OLSE. 7. Xxxxxxx’s Contractor shall post job site notices prescribed by the DIR at all job sites where Project work is to be performed. 8. Xxxxxxx’s Contractor must be registered with the DIR at the time of the execution of the agreement between Xxxxxxx and 1812; c. If Consultant employs (and/or is legally required Xxxxxxx’s Contractor and before Xxxxxxx’s Contractor performs any work. All Project subcontractors must be registered with the DIR prior to employ) apprentices in performing Project work. The most current highest prevailing wage rate determinations made at the work and/or services under time of the agreement between Grantee and Xxxxxxx’s Contractor shall at that time, and without further agreement by the City or Grantee, become a term of this Agreement, Consultant and Grantee shall ensure compliance incorporate the same rates into its agreement with Grantee’s Contractor. For all Covered Work, Grantee shall require that payments by Xxxxxxx’s Contractor or a subcontractor to a craft or classification not shown on the prevailing rate determinations shall comply with the rate of the craft or classification most closely related to it. An increase or decrease in prevailing wage rates shall not entitle Grantee to an adjustment in the amounts of the Grant Funds. Information regarding prevailing wage rates is available through OLSE’s website, and at the time of this Agreement, some such information may be found here: xxxxx://xxxxx.xxx/olse/prevailing-wage Xxxxxxx agrees that it is not a department, board, authority, officer, or agent of the City, but pursuant to this Agreement is an “awarding body” under California Labor Code section 1777.5; d. Consultant is aware of the limitations imposed on overtime work by Labor Code sections 1810 et seq1722. and shall be responsible for any penalties levied in accordance with Labor Code section 1813 for failing to pay required overtime wages; e. Consultant shall post a copy of the applicable wage rates at each jobsite at a location readily available to its workers. Any failure of Consultant and/or its subconsultant Xxxxxxx agrees to comply with an awarding body’s responsibilities as the above requirements relating California Labor Code requires. Among other things, Grantee shall register the Project with DIR prior to a public work project shall constitute a breach the start of this Agreement that excuses the City’s performance of this Agreement at the City’s sole and absolute option, and shall be at the sole risk of Consultant. Consultant on behalf of itself, any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Consultant and any subconsultant to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law relating to a public Project work.

Prevailing Wage. To CONTRACTOR and any Subcontractor shall pay each employee engaged in the extent that trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work or services to be performed under this Agreement may be considered a “public work” pursuant and subject to Labor Code section 1720 et seq., Consultant (and any subconsultant done. CONTRACTOR performing the work or services) shall conform to any and all prevailing wage requirements applicable to such work/and or services under this Agreementcontract shall obtain a copy of the wage rate determination and shall distribute copies to each Subcontractor (see Exhibit D). Consultant (As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and any subconsultant) shall adhere each Subcontractor's responsibility to ensure that the prevailing wage determinations made rates of concern is current and paid to the employee. (i) The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at xxxx://xxx.xxx.xx.xxx/OPRL/pwd/Determinations/Northern/Northern.p df. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work. (ii) Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Director Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of Industrial Relations (DIR) pursuant engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to California Labor Code the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, applicable of the Labor Code of the State of California. To forfeit as a penalty to CITY the worksum of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) for each laborer, if any. All workers worker, or mechanic employed by CONTRACTOR, or by any Subcontractor under CONTRACTOR, in the execution of a public works contract (as such term is defined California Labor Code section 1720 et seq. and section 1782(d)(1)) must be paid not less than the specified prevailing wage rates for the type of work performed. Reference: California Labor Code sections 1720this contract, 1774 and 1782. Consultant agrees to be bound by the prevailing wage requirements to the extent applicable to the scope of work and services under this Agreement, including, but not limited to, the following: a. If a worker is paid less than the applicable prevailing wage rate owed for a calendar day (or any portion thereof), Consultant shall pay the worker the difference between the prevailing wage rate and the amount actually paid for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (or portion thereof) 8) hours and who is not paid the general prevailing rate of per diem wages for which holiday and overtime work in violation of the worker(s) was paid less than provisions of Sections 1770 to 1781 of the prevailing wage rate, as specified in Labor Code section 1775;of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract. b. Consultant (iii) The CONTRACTOR to whom the contract is awarded shall maintain ensure that the prime and make available payroll and worker records each subcontractor will in accordance with Labor Code sections Section 1776 and 1812; c. If Consultant employs (and/or is legally required to employ) apprentices in performing the work and/or services under this Agreement, Consultant shall ensure compliance with Labor Code section 1777.5; d. Consultant is aware of the limitations imposed on overtime work by Labor Code sections 1810 et seqCode, maintain certified payroll records. and A copy of said records shall be responsible for any penalties levied in accordance provided with Labor Code section 1813 for failing each invoice to pay required overtime wages; e. Consultant the Name of Department, Attention Project Manager. It shall post a copy be the CONTRACTOR’S responsibility to obtain copies of the applicable current prevailing wage rates at each jobsite at a location readily available rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to its workers. Any failure of Consultant and/or its subconsultant to the DIR website as required by labor code. (iv) The CONTRACTOR shall comply with the above requirements relating to a public work project shall constitute a breach provisions established in Section 1777.5 of this Agreement that excuses the City’s performance Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of this Agreement at the City’s sole and absolute optionapprentices, and shall be at 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the sole risk of Consultant. Consultant on behalf of itself, any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Consultant and any subconsultant to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law relating to a public workjob.

Prevailing Wage. To CONTRACTOR and any subcontractor shall pay each employee engaged in the extent that trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing wage and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work or services to be performed under this Agreement may be considered a “public work” pursuant and subject to Labor Code section 1720 et seq., Consultant (and any subconsultant done. CONTRACTOR performing the work or services) shall conform to any and all prevailing wage requirements applicable to such work/and or services under this Agreementcontract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. Consultant (As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and any subconsultant) shall adhere each subcontractor's responsibility to ensure that the prevailing wage determinations made rates of concern is current and paid to the employee. i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at xxxx://xxx.xxx.xx.xxx/OPRL/pwd/Determinations/Northern/Northern.pdf. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work. ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Director Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of Industrial Relations (DIR) pursuant engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to California Labor Code the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, applicable of the Labor Code of the State of California. To forfeit as a penalty to CITY the worksum of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) for each laborer, if any. All workers worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of a public works contract (as such term is defined California Labor Code section 1720 et seq. and section 1782(d)(1)) must be paid not less than the specified prevailing wage rates for the type of work performed. Reference: California Labor Code sections 1720this contract, 1774 and 1782. Consultant agrees to be bound by the prevailing wage requirements to the extent applicable to the scope of work and services under this Agreement, including, but not limited to, the following: a. If a worker is paid less than the applicable prevailing wage rate owed for a calendar day (or any portion thereof), Consultant shall pay the worker the difference between the prevailing wage rate and the amount actually paid for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (or portion thereof) 8) hours and who is not paid the general prevailing rate of per diem wages for which holiday and overtime work in violation of the worker(s) was paid less than provisions of Sections 1770 to 1781 of the prevailing wage rate, as specified in Labor Code section 1775;of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract. b. Consultant iii. The CONTRACTOR to whom the contract is awarded shall maintain insure that the prime and make available payroll and worker records each subcontractor will in accordance with Labor Code sections Section 1776 and 1812; c. If Consultant employs (and/or is legally required to employ) apprentices in performing the work and/or services under this Agreement, Consultant shall ensure compliance with Labor Code section 1777.5; d. Consultant is aware of the limitations imposed on overtime work by Labor Code sections 1810 et seqCode, maintain certified payroll records. and A copy of said records shall be responsible for any penalties levied in accordance provided with Labor Code section 1813 for failing each invoice to pay required overtime wages; e. Consultant the Municipal Utilities department, Attention Contract Compliance Officer. It shall post a copy be the CONTRACTOR’S responsibility to obtain copies of the applicable current prevailing wage rates at each jobsite at a location readily available rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to its workersthe DIR website as required by labor code. Any failure of Consultant and/or its subconsultant to SANITARY SEWER PUMP STATIONS AND FORCEMAINS CATHODIC PROTECTION IMPROVEMENTS, PROJECT NO. M17014 PAGE 4 OF 6 iv. The CONTRACTOR shall comply with the above requirements relating to a public work project shall constitute a breach provisions established in Section 1777.5 of this Agreement that excuses the City’s performance Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of this Agreement at the City’s sole and absolute optionapprentices, and shall be at 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the sole risk of Consultant. Consultant on behalf of itself, any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Consultant and any subconsultant to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law relating to a public workjob.

Prevailing Wage. To A. Contractor shall evaluate the extent that the work or services to be performed under this Agreement may be considered underlying duties of a “public work” pursuant and subject to Labor Code section 1720 et seq., Consultant (and any subconsultant performing the work or services) shall conform to any and all prevailing wage requirements applicable to such work/and or services Classification under this Agreement. Consultant (, and any subconsultant) shall adhere determine whether they correspond to the prevailing wage determinations made a craft, classification, or type of worker, as determined by the Director of the State of California Department of Industrial Relations (DIR) pursuant Relations, subject to California Labor Code Part 7, Chapter 1, Article 2, applicable to the work, if any. All workers employed in the execution of a public works contract (as such term is defined California Labor Code section 1720 sections 1770 et seq. of the California Labor Code. B. As applicable, Contractor and section 1782(d)(1)) must be paid all Subcontractors under the Contractor shall pay all workers on Work performed pursuant to this Agreement not less than the specified general prevailing wage rates rate of per diem wages and the general prevailing rate for holiday and overtime work as determined by the Director of the Department of Industrial Relations, State of California, for the type of work performed and the locality in which the work is to be performed, pursuant to sections 1770 et seq. Reference: of the California Labor Code sections 1720Code. Copies of the general prevailing rates of per diem wages for each craft, 1774 and 1782. Consultant agrees to classification, or type of worker that may be bound by the prevailing wage requirements to the extent applicable to the scope of work and services required under this Agreement, includingas determined by Director of the State of California Department of Industrial Relations, but not limited toare on file at Establishing JBE’s principal office. Prevailing wage rates are also available from the JBE or on the internet at (xxxx://xxx. xxx.xx.xxx). C. As applicable, Contractor shall ensure that Contractor and all of Contractor’s Subcontractors execute the following:Prevailing Wage and Related Labor Requirements Certification attached to the Agreement and incorporated herein. a. If X. Xxxx, a worker is paid less than the applicable prevailing wage rate owed for a calendar day (or any portion thereof), Consultant may be subject to compliance monitoring and enforcement by the Department of Industrial Relations. As applicable, Contractor shall pay the worker the difference between the prevailing wage rate and the amount actually paid for each calendar day (or portion thereof) for which the worker(s) was paid less than the prevailing wage ratepost job site notices, as specified in prescribed by regulation. Contractor shall comply with all requirements of Labor Code section 1775; b. Consultant shall maintain and make available payroll and worker records in accordance with Labor Code sections 1776 and 1812; c. If Consultant employs (and/or is legally required to employ) apprentices in performing the work and/or services under this Agreement1771.4, Consultant shall ensure compliance with Labor Code section 1777.5; d. Consultant is aware of the limitations imposed on overtime work by Labor Code sections 1810 et seq. and shall be responsible for any penalties levied in accordance with Labor Code section 1813 for failing to pay required overtime wages; e. Consultant shall post a copy of the applicable wage rates at each jobsite at a location readily available to its workers. Any failure of Consultant and/or its subconsultant to comply with the above requirements relating to a public work project shall constitute a breach of this Agreement that excuses the City’s performance of this Agreement at the City’s sole and absolute option, and shall be at the sole risk of Consultant. Consultant on behalf of itself, any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Consultant and any subconsultant to pay prevailing wages or to otherwise comply with except the requirements of prevailing wage law relating to a public workthat are exempted by the Labor Commissioner for the Project.