Common use of Public Works Requirements Clause in Contracts

Public Works Requirements. (a) In order to insure that the Segments that are acquired by the City pursuant to this Acquisition Agreement are constructed as if they had been constructed under the direction and supervision, or under the authority of, the City, so that they may be acquired pursuant to California Government Code Section 53313.5, NMC Builders shall comply with or cause to be complied with all of the requirements of this Section for each Segment for which NMC Builders submits a Payment Request. (b) Notice inviting sealed bids for the construction of each Segment shall be given as required for public works projects in conformance with the California Public Contracts Code. (c) The contract for the construction of each Segment shall be awarded to the responsible bidder submitting the lowest responsive bid for the construction of such Segment. (d) NMC Builders shall require, and the specifications and bid and contract documents shall require, all contractors, subcontractors, vendors, equipment operators and owner operators, in each such case to the extent such Persons are engaged to perform work on a Segment, to pay at least General Prevailing Wage Rates to all workers employed in the execution of the contract, to post a copy of the General Prevailing Wage Rates at the job-site in a conspicuous place available to all employees and applicants for employment, and to otherwise comply with applicable provisions of the California Labor Code, the California Government Code and the California Public Contracts Code relating to public works projects of cities. NMC Builders shall require, and the specifications and bid and contract documents shall require, for all contracts involving in excess of $30,000 or 20 working days, all contractors, subcontractors, vendors, equipment operators and owner operators, in each such case to the extent such Persons are engaged to perform work on a Segment, to comply with the provisions of Section 1777.5 of the California Labor Code with respect to all apprenticeable occupations upon the project. (e) In performing its obligations under this Acquisition Agreement, NMC Builders shall comply with or cause to be complied with the applicable nondiscrimination and affirmative action provisions of the laws of the United States of America, the State and the City. In performing its obligations under this Acquisition Agreement, NMC Builders shall not discriminate in its employment practices against any employee, or applicant for employment, because of such person’s race, religion, national origin, ancestry, sex, sexual orientation, age, physical handicap, marital status or medical condition. NMC Builders shall require that any contract for the construction of any Segment constructed by or on behalf of NMC Builders subject the contractor thereunder to the provisions of this paragraph. (f) NMC Builders shall require that each contractor, subcontractor, vendor, equipment operator and owner operator, in each such case to the extent such Person is engaged to perform work on a Segment, provide proof of insurance coverage satisfying the requirements of Section 3.7 hereof throughout the term of the construction of such Segment; provided, however, that, rather than requiring such contractors, subcontractors, vendors, equipment operators and owner operators to provide such insurance, NMC Builders may provide or cause to be provided the same for the benefit of such contractors, subcontractors, vendors, equipment operators and owner operators. (g) NMC Builders shall comply, and shall cause each contractor, subcontractor, vendor, equipment operator and owner operator, in each such case to the extent such Person is engaged to perform work on a Segment, to comply, with such other requirements relating to the construction of the Segments as the City may impose by written notification delivered to NMC Builders, to the extent legally required as a result of changes in applicable federal, State or City laws. (h) NMC Builders shall require, and the specifications and bid and contract documents shall require, all contractors, subcontractors, vendors, equipment operators and owner operators, in each such case to the extent such Persons are engaged to perform work on a Segment, to submit certified weekly payroll records to NMC Builders for inspection by the City, and to furnish certified payroll records to the City promptly upon request. NMC Builders shall provide or cause to be provided proof to the City, at such intervals and in such form as the City may reasonably require, that the foregoing requirements have been satisfied as to all of the Segments for which a Payment Request is submitted pursuant hereto.

Public Works Requirements. (a) In order to insure that The Developer shall carry out the Segments that are acquired by construction of the City Improvements and the development of the Site in conformity with all applicable federal and state labor laws. If applicable, Developer and its contractors and subcontractors shall pay prevailing wages and employ apprentices in compliance with Health and Safety Code Sections 33423 through 33426, and Labor Code Section 1770, et seq., and shall be responsible for the keeping of all records required pursuant to this Acquisition Agreement Labor Code Section 1776, complying with the maximum hours requirements of Labor Code Sections 1810 through 1815, and complying with all regulations and statutory requirements pertaining thereto. Such requirements are constructed as if they had been constructed under set forth in greater detail in Attachment No. 8 attached hereto, which is incorporated herein. Upon the direction and supervision, or under request of the authority ofAgency, the City, so Developer shall certify to the Agency that they may be acquired pursuant to California Government Code Section 53313.5, NMC Builders shall comply it is in compliance with or cause to be complied with all of the requirements of this Section for each Segment for which NMC Builders submits a Payment Request. (b) Notice inviting sealed bids for 309.3. Although the construction parties believe that California law does not require the payment of each Segment prevailing wages or the hiring of apprentices because the Site is being sold at its fair market price and the Agency is not providing any subsidies hereunder, Developer shall be given as required solely responsible for public works projects in conformance determining and effectuating compliance with the California Public Contracts Code. (c) The contract for the construction of each Segment shall be awarded to the responsible bidder submitting the lowest responsive bid for the construction of such Segment. (d) NMC Builders shall requirelaws, and the specifications and bid and contract documents shall require, all contractors, subcontractors, vendors, equipment operators and owner operators, in each such case Agency makes no representation as to the extent such Persons are engaged to perform work on a Segment, to pay at least General Prevailing Wage Rates to all workers employed in the execution applicability or non-applicability of the contract, to post a copy of the General Prevailing Wage Rates at the job-site in a conspicuous place available to all employees and applicants for employment, and to otherwise comply with applicable provisions of the California Labor Code, the California Government Code and the California Public Contracts Code relating to public works projects of cities. NMC Builders shall require, and the specifications and bid and contract documents shall require, for all contracts involving in excess of $30,000 or 20 working days, all contractors, subcontractors, vendors, equipment operators and owner operators, in each such case to the extent such Persons are engaged to perform work on a Segment, to comply with the provisions of Section 1777.5 of the California Labor Code with respect to all apprenticeable occupations upon the project. (e) In performing its obligations under this Acquisition Agreement, NMC Builders shall comply with or cause to be complied with the applicable nondiscrimination and affirmative action provisions of the laws of the United States of America, the State and the City. In performing its obligations under this Acquisition Agreement, NMC Builders shall not discriminate in its employment practices against any employee, or applicant for employment, because of such person’s race, religion, national origin, ancestry, sex, sexual orientation, age, physical handicap, marital status or medical condition. NMC Builders shall require that any contract for the construction of any Segment constructed by or on behalf of NMC Builders subject the contractor thereunder to the provisions of this paragraph. (f) NMC Builders shall require that each contractor, subcontractor, vendor, equipment operator and owner operator, in each such case to the extent such Person is engaged to perform work on a Segment, provide proof of insurance coverage satisfying the requirements of Section 3.7 hereof throughout the term of the construction of such Segment; provided, however, that, rather than requiring such contractors, subcontractors, vendors, equipment operators and owner operators to provide such insurance, NMC Builders may provide or cause to be provided the same for the benefit of such contractors, subcontractors, vendors, equipment operators and owner operators. (g) NMC Builders shall comply, and shall cause each contractor, subcontractor, vendor, equipment operator and owner operator, in each such case to the extent such Person is engaged to perform work on a Segment, to comply, with such other requirements relating laws to the construction of the Segments as Improvements or any part thereof. Developer hereby expressly acknowledges and agrees that the City may impose by written notification delivered to NMC Builders, Agency has not previously affirmatively represented to the extent legally required as a result Developer or its contractor(s) for the construction or development of changes in applicable federal, State or City laws. (h) NMC Builders shall require, and the specifications and bid and contract documents shall require, all contractors, subcontractors, vendors, equipment operators and owner operatorsImprovements, in each such case to the extent such Persons are engaged to perform work on writing or otherwise, in a Segment, to submit certified weekly payroll records to NMC Builders call for inspection by the City, and to furnish certified payroll records to the City promptly upon request. NMC Builders shall provide bids or cause to be provided proof to the City, at such intervals and in such form as the City may reasonably requireotherwise, that the foregoing requirements have been satisfied work to be covered by this Agreement is not a “public work,” as to all defined in Section 1720 of the Segments for which a Payment Request Labor Code. Developer hereby agrees that Developer shall have the obligation to provide any and all disclosures or identifications required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. Developer shall indemnify, protect, defend and hold harmless the Agency, City and their respective officers, employees, contractors and agents, with counsel reasonably acceptable to Agency and City, from and against any and all loss, liability, damage, claim, cost, expense and/or “increased costs” (including reasonable attorneys’ fees, court and litigation costs, and fees of expert witnesses) which, in connection with the development, or construction (as defined by applicable law) of the Improvements, including, without limitation, any and all public works (as defined by applicable law), results or arises in any way from any of the following: (1) the noncompliance by Developer of any applicable local, state and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, if applicable, the requirement to pay state prevailing wages and hire apprentices); (2) the implementation of Section 1781 of the Labor Code, as the same may be amended from time to time, or any other similar law; and/or (3) failure by Developer to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, or any other similar law. It is submitted pursuant heretoagreed by the parties that, in connection with the development and construction (as defined by applicable law) of the Improvements, including, without limitation, any and all public works (as defined by applicable law), Developer shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. “Increased costs,” as used in this Section 309.3, shall have the meaning ascribed to it in Labor Code Section 1781, as the same may be amended from time to time. The foregoing indemnity shall survive termination of this Agreement and shall continue after completion of the construction and development of the Improvements by the Developer.