Common use of Skilled and Trained Workforce Clause in Contracts

Skilled and Trained Workforce. Contractor covenants and agrees that a "Skilled and Trained Workforce" will be used to perform the Project which are either skilled journeypersons or apprentices registered in an apprenticeship program. On a monthly basis while the Project is being performed, Contractor shall provide a report to the District using the form attached as Exhibit “J” ("Monthly Skilled and Trained Workforce Report") demonstrating that Contractor and its subcontractors at every tier are complying with the requirements of Public Contract Code section 2600 et seq. and Education Code section 17407.5. If Contractor fails to provide District the monthly report, or provides a report that is incomplete, District shall withhold further payments to Contractor until a complete report is provided. If a monthly report is incomplete due to the failure of a subcontractor to timely submit the required information to Contractor, District shall only withhold an amount equal to 150% of the value of the monthly billing for the relevant subcontractor. If a monthly report does not demonstrate compliance with Public Contract Code section 2600 et seq. and Education Code section 17407.5, District shall withhold an amount equal to 150% of the value of the monthly billing to Contractor if Contractor failed to comply with Public Contract Code section 2600 et seq. and Education Code section 17407.5, or 150% of the value of the monthly billing for the subcontractor that failed to comply with Public Contract Code section 2600 et seq. and Education Code section 17407.5, until Contractor provides a plan to achieve substantial compliance with respect to the relevant apprenticeable occupation, prior to completion of the Project. The District shall also forward a copy of the non-compliant monthly report to the Labor Commissioner for issuance of a civil wage and penalty assessment in accordance with Public Contract Code section 2603 as well as a copy of the plan, if any, submitted by Contractor to achieve substantial compliance with Public Contract Code section 2600 et seq. The monthly report provided to the District pursuant to this paragraph B. shall be a public record under the California Public Records Act (Chapter 3.5 (commencing with section 6250) of Division 7 of Title 1 of the Government Code), and shall be open to public inspection.

Skilled and Trained Workforce. Contractor covenants and agrees that a "Skilled and Trained Workforce" will be used to perform the Project which are either skilled journeypersons or apprentices registered in an apprenticeship program. On a monthly basis while the Project is being performed, Contractor shall provide a report to the District using the form attached as Exhibit “"J” " ("Monthly Skilled and Trained Workforce Report") demonstrating that Contractor and its subcontractors at every tier are complying with the requirements of Public Contract Code section 2600 et seq. and Education Code section 17407.5. If Contractor fails to provide District the monthly report, or provides a report that is incomplete, District shall withhold further payments to Contractor until a complete report is provided. If a monthly report is incomplete due to the failure of a subcontractor to timely submit the required information to Contractor, District shall only withhold an amount equal to 150% of the value of the monthly billing for the relevant subcontractor. If a monthly report does not demonstrate compliance with Public Contract Code section 2600 et seq. and Education Code section 17407.5, District shall withhold an amount equal to 150% of the value of the monthly billing to Contractor if Contractor failed to comply with Public Contract Code section 2600 et seq. and Education Code section 17407.5, or 150% of the value of the monthly billing for the subcontractor that failed to comply with Public Contract Code section 2600 et seq. and Education Code section 17407.5, until Contractor provides a plan to achieve substantial compliance with respect to the relevant apprenticeable occupation, prior to completion of the Project. The District shall also forward a copy of the non-compliant monthly report to the Labor Commissioner for issuance of a civil wage and penalty assessment in accordance with Public Contract Code section 2603 as well as a copy of the plan, if any, submitted by Contractor to achieve substantial compliance with Public Contract Code section 2600 et seq. The monthly report provided to the District pursuant to this paragraph B. shall be a public record under the California Public Records Act (Chapter 3.5 (commencing with section 6250) of Division 7 of Title 1 of the Government Code), and shall be open to public inspection.

Skilled and Trained Workforce. 27.1 Contractor covenants and agrees all Subcontractors of any tier must comply with the requirements set forth in Education Code section 17407.5 and Public Contract Code sections 2601 and 2602, including providing an enforceable commitment that the Contractor and all Subcontractors of any tier will use a "“Skilled and Trained Workforce" ” as defined in Public Contract Code section 2601(d). Contractor and all Subcontractors are to carefully review all requirements set forth in Education Code section 17407.5 and Public Contract Code sections 2601 and 2602 before entering into the Contract for the Project. 27.2 The Contractor’s commitment that a Skilled and Trained Workforce will be used to perform Work on the Project which are either skilled journeypersons or apprentices registered and the Contract shall be established by the following: 27.2.1 Contractor shall include in an apprenticeship program. On all of its subcontracts, and Subcontractors shall require in its subcontracts of any tier, mandatory compliance with Education Code section 17407.5 and Public Contract Code sections 2601 and 2602. 27.2.2 Contractor shall provide to the District’s Governing Board, on a monthly basis while the Project or Contract is being performed, Contractor shall provide a written report to the District using the form attached as Exhibit “J” ("Monthly Skilled and Trained Workforce Report") demonstrating that the Contractor and its subcontractors at every all Subcontractors of any tier are complying with the requirements of set forth in Education Code section 17407.5 and Public Contract Code section 2600 et seq. sections 2601 and Education Code section 17407.52602. If the Contractor fails to provide District the monthly reportreport required herein, or provides a report that is incomplete, the District shall withhold further payments to Contractor until a complete report is provided. If a monthly report is incomplete due to the failure of a subcontractor to timely submit the required information to Contractor, District shall only withhold an amount equal to 150% of the value of the monthly billing for the relevant subcontractorin accordance with Public Contract Code sections 2602 and 2603. If a monthly report does not demonstrate compliance with Public Contract Code section 2600 et seq. sections 2601 and Education Code section 17407.52602, the District shall withhold an amount equal to 150% of further payments until the value of the monthly billing to Contractor if Contractor failed to comply with Public Contract Code section 2600 et seq. and Education Code section 17407.5, or 150% of the value of the monthly billing for the subcontractor that failed to comply with Public Contract Code section 2600 et seq. and Education Code section 17407.5, until Contractor provides a plan to achieve substantial compliance with Public Contract Code sections 2601 and 2602, with respect to the relevant apprenticeable occupation, prior to completion of the Project. The District shall also forward a copy of the non-compliant monthly report to the Labor Commissioner for issuance of a civil wage and penalty assessment in accordance with Public Contract Code section 2603 as well as a copy of the plan, if any, submitted by Contractor to achieve substantial compliance with Public Contract Code section 2600 et seq. Project.‌ 27.2.3 The monthly report provided to the District pursuant to this paragraph B. District’s Governing Board as required above shall be a public record under the California Public Records Act (Chapter 3.5 (commencing with section Section 6250) of Division 7 of Title 1 of the Government Code), and shall be open to public inspection. 27.2.4 Contractor’s commitment that a Skilled and Trained Workforce will be used to perform Work on the Project and the Contract may also be established by the Contractor providing evidence and any other information or documents reasonably requested by the District showing that the Contractor has entered into a project labor agreement that includes the requirements of Education Code section 17407.5(b) that will bind the Contractor and all its Subcontractors of any tier performing Work on the Project or Contract.‌ 27.3 If the District’s Governing Board has entered into a project labor agreement that will bind all contractors and subcontractors performing Work on this Project or Contract that includes the requirements of Education Code section 17407.5(b), the Contractor’s agreement that it will become a party to that project labor agreement shall satisfy the requirements under Education Code section 17407.5(b). 27.4 If the Contractor or Subcontractor of any tier is not in compliance with all of the applicable Skilled and Trained Workforce, the District shall exercise any rights or remedies allowed under Public Contract Code sections 2602 or 2603, or other applicable law.‌