Common use of Skilled and Trained Workforce Consulting Services Clause in Contracts

Skilled and Trained Workforce Consulting Services. The District may employ delivery methods for the District’s project(s) which require contractors to comply with California’s skilled and trained workforce (“SWF”) requirements (Public Contracts Code § 2600, et seq.). When necessary, Consultant shall provide professional services related to compliance with SWF requirements applicable to the District’s project(s). All services shall be provided on an as-needed basis and only upon specific direction from the District. Consultant’s professional services shall extend to consultation related to any and all provisions regarding SWF compliance, and shall include the following: 1. Consultant shall receive construction contract awards / work schedules from the District. 2. Consultant shall participate in pre-job conference / job-start meeting(s) and provide all required information regarding the contractor’s and District’s obligations in connection with the District’s project(s), including: a. Contractor’s obligation to submit to the District on a monthly basis while it performs work on the District’s project, a report demonstrating compliance by the contractor and its subcontractors at every tier with the skilled workforce requirements described in Public Contract Code section 2602 (“Workforce Report(s)”) b. Contractor’s obligation to include specific information as provided by the District in each Workforce Report. c. Contractor obligation submit Workforce Reports monthly to the District no later than thirty (30) days after the end of the preceding month. (i.e., the monthly Workforce Report for activity during March must be submitted no later than April 30.) d. The consequences of a contractor submitting to the District no report or an incomplete report, and the District’s ability to withhold progress payments from the contractor. e. The contractor’s options where it is providing no report or an incomplete report to the District and that is the result of no report or an incomplete report from a subcontractor. f. The District’s obligation to forward any out of compliance Workforce Report or any plan to achieve substantial compliance to the Labor Commissioner. g. Explain to the contractor the District’s end-of-project reconciliation process for any withheld progress payments. 3. Once the District’s project(s) commence, Consultant shall review all Workforce Reports for the District’s project(s) to determine whether they demonstrate compliance with the SWF requirements. 4. Consultant shall promptly notify the District and the contractor if any contractor or subcontractor’s Workforce Report fails to demonstrate compliance. 5. Consultant shall withhold progress payments from any out of compliance contractor as provided by the SWF requirements. 6. Consultant shall review any plan to achieve compliance with the SWF requirements submitted to the District and shall make recommendation to the District as to whether to accept or reject the contractor’s plan. 7. If the District accepts the contractor’s plan to achieve substantial compliance with the SWF requirements, or if a contractor replaces an out of compliance subcontractor with one that provides an enforceable commitment to use a SWF, Consultant shall promptly tender withheld payments to the out of compliance contractor. 8. Consultant shall forward to the Labor Commissioner any out of compliance Workforce Report or plan to achieve substantial compliance received from contractors. 9. Consultant shall act as the District’s representative when corresponding with the Labor Commissioner as it pertains to contractor compliance with SWF requirements. 10. Consultant shall communicate on a regular basis with contractors, workers, building and trade organizations, and other community entities and provide in-services to District personnel. This shall include responding to inquiries, verbal or written, from person or entities regarding the District’s project(s) and compliance with SWF requirements related thereto. 11. At the District’s direction and request, Consultant shall cooperate and work with the District during any challenge by any contractor to a determination that the contractor’s Workforce Report(s) fail to demonstrate compliance with the SWF requirements, or to a withholding of progress payments. 12. Consultant shall manage all facets and is the primary contact for the District’s compliance with the SWF requirements on the District’s project(s).