Common use of STATE PREVAILING WAGE RATES Clause in Contracts

STATE PREVAILING WAGE RATES. (a) If this agreement or any subcontract contains public work elements then Contractor (and subcontractor, as applicable) shall be registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this agreement, including any subsequent amendments. (b) Contractor shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this agreement are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (xxxxx://xxx.xx.xxx/programs/construction/labor-compliance). These wage rates are made a specific part of this agreement by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at City construction sites, at City facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve City projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public. (c) General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations website at xxxx://xxx.xxx.xx.xxx. (d) Payroll Records 1. Contractor and each subcontractor shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 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 the Contractor or subcontractor in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of xxxxxxx, stating both of the following: a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project. 2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the Contractor under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by City representatives at all reasonable hours at the principal office of the Contractor. The Contractor shall provide copies of certified payrolls or permit inspection of its records as follows: a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the Contractor. c. The public shall not be given access to certified payroll records by the Contractor. The Contractor is required to forward any requests for certified payrolls to the City Contract Administrator by both email and regular mail on the business day following receipt of the request. 3. Each Contractor shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request. 4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by City shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the Contractor or subcontractor performing the work shall not be marked or obliterated. 5. The Contractor shall inform City of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address. 6. The Contractor or subcontractor shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the Contractor or subcontractor fails to comply within the ten (10) day period, he or she shall, as a penalty to City, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by City from payments then due. Contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.

STATE PREVAILING WAGE RATES. (a) If this agreement A. No CONSULTANT or any subcontract contains Subconsultant may be awarded an AGREEMENT containing public work elements then Contractor (and subcontractor, as applicable) shall be unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this agreementAGREEMENT, including any subsequent amendments. (b) Contractor B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this agreement AGREEMENT are available and on file with the Department of Transportation's ’s Regional/District Labor Compliance Officer (xxxxx://xxx.xx.xxx/programs/construction/labor-compliancexxxxx://xxx.xx.xxx/programs/construction/labor- compliance). These wage rates are made a specific part of this agreement AGREEMENT by reference pursuant to Labor labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at City LOCAL AGENCY construction sites, at City LOCAL AGENCY facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve City LOCAL AGENCY projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public. (c) C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations website at xxxx://xxx.xxx.xx.xxx. (d) D. Payroll Records 1. Contractor Each CONSULTANT and each subcontractor Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 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 the Contractor CONSULTANT or subcontractor Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of xxxxxxx, stating both of the following: a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project. 2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the Contractor CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by City LOCAL AGENCY representatives at all reasonable hours at the principal office of the ContractorCONSULTANT. The Contractor CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows: a. A certified copy of an employee's ’s payroll record shall be made available for inspection or furnished to the employee or the employee's ’s authorized representative on request. b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of CityLOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to CityLOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the ContractorCONSULTANT. c. The public shall not be given access to certified payroll records by the ContractorCONSULTANT. The Contractor CONSULTANT is required to forward any requests for certified payrolls to the City LOCAL AGENCY Contract Administrator by both email and regular mail on the business day following receipt of the request. 3. Each Contractor CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request. 4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by City LOCAL AGENCY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's ’s name, address, and social security number. The name and address of the Contractor CONSULTANT or subcontractor Subconsultant performing the work shall not be marked or obliterated. 5. The Contractor CONSULTANT shall inform City LOCAL AGENCY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address. 6. The Contractor CONSULTANT or subcontractor Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the Contractor CONSULTANT or subcontractor Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to CityLOCAL AGENCY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by City LOCAL AGENCY from payments then due. Contractor CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor Subconsultant to comply with this section. E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the LOCAL AGENCY Contract Administrator.

STATE PREVAILING WAGE RATES. (a) If this agreement A. No VENDOR or any subcontract contains Sub-contractors may be awarded an AGREEMENT containing public work elements then Contractor (and subcontractor, as applicable) shall be unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this agreementAGREEMENT, including any subsequent amendments. (b) Contractor B. The VENDOR shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this agreement AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (xxxxx://xxx.xx.xxx/programs/construction/labor-compliance). xxxx://xxx.xxx.xx.xxx/hq/construc/LaborCompliance/documents/DistrictRegion_Map These wage rates are made a specific part of this agreement AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at City LOCAL AGENCY construction sites, at City LOCAL AGENCY facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve City LOCAL AGENCY projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public. (c) C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations website Internet site at xxxx://xxx.xxx.xx.xxxhttp:// xxx.xxx.xx.xxx. (d) D. Payroll Records 1. Contractor Each VENDOR and each subcontractor Sub-contractor shall keep accurate certified payroll records and supporting documents documents, when required, as mandated by Labor Code §1776 and as defined in 8 CCR §16000 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 the Contractor VENDOR or subcontractor Sub-contractor in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of xxxxxxxperjury, stating both of the following: a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project. 2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the Contractor VENDOR under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by City representatives LOCAL AGENCY representative's at all reasonable hours at the principal office of the ContractorVENDOR. The Contractor VENDOR shall provide copies of certified payrolls or permit inspection of its records as follows: a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of CityLOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to CityLOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the ContractorVENDOR. c. The public shall not be given access to certified payroll records by the ContractorVENDOR. The Contractor VENDOR is required to forward any requests for certified payrolls to the City Contract Administrator LOCAL AGENCY by both email and regular mail on the business day following receipt of the request. 3. Each Contractor VENDOR shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) } calendar days after receipt of a written request. 4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by City LOCAL AGENCY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the Contractor VENDOR or subcontractor Sub-contractor performing the work shall not be marked or obliterated. 5. The Contractor VENDOR shall inform City LOCAL AGENCY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and addressandaddress. 6. The Contractor VENDOR or subcontractor Sub-contractors shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the Contractor VENDOR or subcontractor Sub- contractors fails to comply within the ten (10) } day period, he or she shall, as a penalty to CityLOCAL AGENCY, forfeit one hundred dollars ($100) } for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Such penalties shall be withheld by City LOCAL AGENCY from payments then due. Contractor VENDOR is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor Sub-contractor to comply with this section. E. When prevailing wage rates apply, the VENDOR is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the LOCAL AGENCY.