Common use of Wage Rates, Travel, and Subsistence Clause in Contracts

Wage Rates, Travel, and Subsistence. 26.2.1 Pursuant to the provisions of Article 2 (commencing at section 1770), Chapter 1, Part 7, Division 2, of the Labor Code of California, the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which this public work is to be performed for each craft, classification, or type of worker needed to execute the Contract Documents are on file at the District’s principal office and copies will be made available to any interested party on request. Developer shall obtain and post a copy of these wage rates at the job site. 26.2.2 Holiday and overtime work, when permitted by law, shall be paid for at a rate of at least one and one-half times the above specified rate of per diem wages, unless otherwise specified. The holidays upon which those rates shall be paid need not be specified by the District, but shall be all holidays recognized in the applicable collective bargaining agreement. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. 26.2.3 Developer shall pay and shall cause to be paid each worker engaged in Work on the Project not less than the general prevailing rate of per diem wages determined by the Director of the Department of Industrial Relations (“DIR”) (“Director”), regardless of any contractual relationship which may be alleged to exist between Developer or any Subcontractor and such workers. 26.2.4 If, prior to execution of the Facilities Lease, the Director determines that there has been a change in any prevailing rate of per diem wages in the locality in which the Work under the Contract Documents is to be performed, such change shall not alter the wage rates in the Contract Documents subsequently awarded. 26.2.5 Pursuant to Labor Code section 1775, Developer shall, as a penalty, forfeit the statutory amount (believed by the District to be currently two hundred dollars ($200) to District for each calendar day, or portion thereof, for each worker paid less than the prevailing rates, determined by the District and/or the Director, for the work or craft in which that worker is employed for any public work done under Contract by Developer or by any Subcontractor under it. The difference between such prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by Developer. 26.2.6 Any worker employed to perform Work on the Project, which Work is not covered by any classification listed in the general prevailing wage rate of per diem wages determined by the Director, shall be paid not less than the minimum rate of wages specified therein for the classification which most nearly corresponds to Work to be performed by him, and that minimum wage rate shall be retroactive to time of initial employment of the person in that classification. 26.2.7 Pursuant to Labor Code section 1773.1, per diem wages are deemed to include employer payments for health and welfare, pension, vacation, travel time, subsistence pay, and apprenticeship or other training programs authorized by Labor Code section 3093, and similar purposes. 26.2.8 Developer shall post at appropriate conspicuous points on the Project Site a schedule showing all determined minimum wage rates and all authorized deductions, if any, from unpaid wages actually earned. In addition, Developer shall post a sign-in log for all workers and visitors to the Site, a list of all Subcontractors of any tier on the Site, and the required Equal Employment Opportunity poster(s).

Appears in 7 contracts

Samples: General Construction Agreement, General Construction Agreement, Construction Contract

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Wage Rates, Travel, and Subsistence. 26.2.1 26.2.1. Pursuant to the provisions of Article article 2 (commencing at section 1770), Chapter chapter 1, Part part 7, Division division 2, of the Labor Code of California, the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which this public work is to be performed for each craft, classification, or type of worker needed to execute the Contract Documents are on file at the District’s principal office and copies will be made available to any interested party on requesteach 26.2.2. Developer shall obtain and post a copy of these wage rates at the job site. 26.2.2 Holiday and overtime work, when permitted by law, shall be paid for at a rate of at least one and one-half times the above specified rate of per diem wages, unless otherwise specified. The holidays upon which those rates shall be paid need not be specified by the District, but shall be all holidays recognized in the applicable collective bargaining agreement. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. 26.2.3 26.2.3. Developer shall pay and shall cause to be paid each worker engaged in Work on the Project not less than the general prevailing rate of per diem wages determined by the Director of the Department of Industrial Relations (“DIR”) (“Director”), regardless of any contractual relationship which may be alleged to exist between Developer or any Subcontractor and such workers. 26.2.4 If, prior 26.2.4. If during the period this bid is required to execution of the Facilities Leaseremain open, the Director determines that there has been a change in any prevailing rate of per diem wages in the locality in which the Work under the Contract Documents is to be performed, such change shall not alter the wage rates in the Notice to Bidders or the Contract Documents subsequently awarded. 26.2.5 26.2.5. Pursuant to Labor Code section 1775, Developer shall, as a penaltypenalty to District, forfeit the statutory amount amount, (believed by the District currently not to be currently exceed two hundred dollars ($200) to District for each calendar day, or 26.2.5.1. The amount of the penalty shall not be less than forty dollars ($40) for each calendar day, or portion thereof, unless the failure of Developer was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of Developer. 26.2.5.2. The amount of the penalty shall not be less than eighty dollars ($80) for each worker paid calendar day or portion thereof, if Developer has been assessed penalties within the previous three (3) years for failing to meet Developer’s prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned. 26.2.5.3. The amount of the penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion thereof, if the prevailing rates, determined by Labor Commissioner determines the District and/or the Director, for the work or craft in which that worker is employed for any public work done under Contract by Developer or by any Subcontractor under itwillfully violated Labor Code section 1775. 26.2.5.4. The difference between such prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by Developer. 26.2.6 26.2.6. Any worker employed to perform Work on the Project, which Work is not covered by any classification listed in the general prevailing wage rate of per diem wages determined by the Director, shall be paid not less than the minimum rate of wages specified therein for the classification which most nearly corresponds to Work to be performed by him, and that such minimum wage rate shall be retroactive to time of initial employment of the such person in that such classification. 26.2.7 26.2.7. Pursuant to Labor Code section 1773.1, per diem wages are deemed to include employer payments for health and welfare, pension, vacation, travel time, subsistence pay, and apprenticeship or other training programs authorized by Labor Code section 3093, and similar purposes. 26.2.8 26.2.8. Developer shall post at appropriate conspicuous points on the Project Site of Project, a schedule showing all determined minimum wage rates and all authorized deductions, if any, from unpaid wages actually earned. In addition, Developer shall post a sign-in log for all workers and visitors to the Site, a list of all Subcontractors subcontractors of any tier on the Site, and the required Equal Employment Opportunity poster(s).

Appears in 2 contracts

Samples: Master Facilities Lease, Master Facilities Lease

Wage Rates, Travel, and Subsistence. 26.2.1 Pursuant to the provisions of Article 2 (commencing at section 1770), Chapter 1, Part 7, Division 2, of the Labor Code of California, the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which this public work is to be performed for each craft, classification, or type of worker needed to execute the Contract Documents are on file at the District’s principal office and copies will be made available to any interested party on request. request or available online at xxxx://xxx.xxx.xx.xxx/. Developer shall obtain and post a copy of these wage rates at the job site. 26.2.2 Holiday and overtime work, when permitted by law, shall be paid for at a rate of at least one and one-half times the above specified rate of per diem wages, unless otherwise specified. The holidays upon which those rates shall be paid need not be specified by the District, District but shall be all holidays recognized in the applicable collective bargaining agreement. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. 26.2.3 Developer shall pay and shall cause to be paid each worker engaged in Work on the Project not less than the general prevailing rate of per diem wages determined by the Director of the Department of Industrial Relations (“DIR”) (“Director”), regardless of any contractual relationship which may be alleged to exist between Developer or any Subcontractor and such workers. 26.2.4 If, prior to execution of the Facilities Lease, the Director determines that there has been a change in any prevailing rate of per diem wages in the locality in which the Work under the Contract Documents is to be performed, such change shall not alter the wage rates in the Contract Documents subsequently awarded. 26.2.5 Pursuant to Labor Code section 1775, Developer shall, as a penalty, forfeit the statutory amount (believed by the District to be currently two hundred dollars ($200) to District for each calendar day, or portion thereof, for each worker paid less than the prevailing rates, determined by the District and/or the Director, for the work or craft in which that worker is employed for any public work done under Contract by Developer or by any Subcontractor under it. The difference between such prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by Developer. 26.2.6 Any worker employed to perform Work on the Project, which Work is not covered by any classification listed in the general prevailing wage rate of per diem wages determined by the Director, shall be paid not less than the minimum rate of wages specified therein for the classification which most nearly corresponds to Work to be performed by him, and that minimum wage rate shall be retroactive to time of initial employment of the person in that classification. 26.2.7 Pursuant to Labor Code section 1773.1, per diem wages are deemed to include employer payments for health and welfare, pension, vacation, travel time, subsistence pay, and apprenticeship or other training programs authorized by Labor Code section 3093, and similar purposes. 26.2.8 Developer shall post at appropriate conspicuous points on the Project Site a schedule showing all determined minimum wage rates and all authorized deductions, if any, from unpaid wages actually earned. In addition, Developer shall post a sign-in log for all workers and visitors to the Site, a list of all Subcontractors of any tier on the Site, and the required Equal Employment Opportunity poster(s).

Appears in 2 contracts

Samples: General Construction Agreement, General Construction Agreement

Wage Rates, Travel, and Subsistence. 26.2.1 25.1.1 Pursuant to the provisions of Article article 2 (commencing at section 1770), Chapter chapter 1, Part part 7, Division division 2, of the Labor Code of California, the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which this public work is to be performed for each craft, classification, or type of worker needed to execute the Contract Documents are on file at the District’s principal office and copies will be made available to any interested party on request. Developer shall obtain and post a copy of these wage rates at the job site. 26.2.2 25.1.2 Holiday and overtime work, when permitted by law, shall be paid for at a rate of at least one and one-half times the above specified rate of per diem wages, unless otherwise specified. The holidays upon which those rates shall be paid need not be specified by the District, but shall be all holidays recognized in the applicable collective bargaining agreement. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. 26.2.3 25.1.3 Developer shall pay and shall cause to be paid each worker engaged in Work on the Project not less than the general prevailing rate of per diem wages determined by the Director of the Department of Industrial Relations (“DIR”) (“Director”), regardless of any contractual relationship which may be alleged to exist between Developer or any Subcontractor and such workers. 26.2.4 If, 25.1.4 If prior to execution of the Facilities Lease, the Director determines that there has been a change in any prevailing rate of per diem wages in the locality in which the Work under the Contract Documents is to be performed, such change shall not alter the wage rates in the Contract Documents subsequently awarded. 26.2.5 25.1.5 Pursuant to Labor Code section 1775, Developer shall, as a penaltypenalty to District, forfeit the statutory amount (believed by the District to be currently two hundred fifty dollars ($20050)) to District for each calendar day, or portion thereof, for each worker paid less than the prevailing rates, determined by the District and/or the Director, for the work or craft in which that worker is employed for any public work done under Contract Documents by Developer or by any Subcontractor under it. The difference between such prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by Developer. 26.2.6 25.1.6 Any worker employed to perform Work on the Project, which Work is not covered by any classification listed in the general prevailing wage rate of per diem wages determined by the Director, shall be paid not less than the minimum rate of wages specified therein for the classification which most nearly corresponds to Work to be performed by him, and that such minimum wage rate shall be retroactive to time of initial employment of the such person in that such classification. 26.2.7 25.1.7 Pursuant to Labor Code section 1773.1, per diem wages are deemed to include employer payments for health and welfare, pension, vacation, travel time, subsistence pay, and apprenticeship or other training programs authorized by Labor Code section 3093, and similar purposes. 26.2.8 25.1.8 Developer shall post at appropriate conspicuous points on the Project Site of Project, a schedule showing all determined minimum wage rates and all authorized deductions, if any, from unpaid wages actually earned. In addition, Developer shall post a sign-in log for all workers and visitors to the Site, a list of all Subcontractors subcontractors of any tier on the Site, and the required Equal Employment Opportunity poster(s).

Appears in 2 contracts

Samples: Facilities Lease Construction Provisions, Facilities Lease Construction Provisions

Wage Rates, Travel, and Subsistence. 26.2.1 Pursuant to the provisions of Article 2 (commencing at section 1770), Chapter 1, Part 7, Division 2, of the Labor Code of California, the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which this public work is to be performed for each craft, classification, or type of worker needed to execute the Contract Documents are on file at the District’s principal office and copies will be made available to any interested party on request. Developer shall obtain and post a copy of these wage rates at the job site. 26.2.2 Holiday and overtime work, when permitted by law, shall be paid for at a rate of at least one and one-half times the above specified rate of per diem wages, unless otherwise specified. The holidays upon which those rates shall be paid need not be specified by the District, but shall be all holidays recognized in the applicable collective bargaining agreement. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. 26.2.3 Developer shall pay and shall cause to be paid each worker engaged in Work on the Project not less than the general prevailing rate of per diem wages determined by the Director of the Department of Industrial Relations (“DIR”) (“Director”), regardless of any contractual relationship which may be alleged to exist between Developer or any Subcontractor and such workers.. D R A F T 26.2.4 If, prior to execution of the Facilities Lease, the Director determines that there has been a change in any prevailing rate of per diem wages in the locality in which the Work under the Contract Documents is to be performed, such change shall not alter the wage rates in the Contract Documents subsequently awarded. 26.2.5 Pursuant to Labor Code section 1775, Developer shall, as a penalty, forfeit the statutory amount (believed by the District to be currently two hundred dollars ($200) to District for each calendar day, or portion thereof, for each worker paid less than the prevailing rates, determined by the District and/or the Director, for the work or craft in which that worker is employed for any public work done under Contract by Developer or by any Subcontractor under it. The difference between such prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by Developer. 26.2.6 Any worker employed to perform Work on the Project, which Work is not covered by any classification listed in the general prevailing wage rate of per diem wages determined by the Director, shall be paid not less than the minimum rate of wages specified therein for the classification which most nearly corresponds to Work to be performed by him, and that minimum wage rate shall be retroactive to time of initial employment of the person in that classification. 26.2.7 Pursuant to Labor Code section 1773.1, per diem wages are deemed to include employer payments for health and welfare, pension, vacation, travel time, subsistence pay, and apprenticeship or other training programs authorized by Labor Code section 3093, and similar purposes. 26.2.8 Developer shall post at appropriate conspicuous points on the Project Site a schedule showing all determined minimum wage rates and all authorized deductions, if any, from unpaid wages actually earned. In addition, Developer shall post a sign-in log for all workers and visitors to the Site, a list of all Subcontractors of any tier on the Site, and the required Equal Employment Opportunity poster(s).

Appears in 1 contract

Samples: General Construction Agreement

Wage Rates, Travel, and Subsistence. 26.2.1 37.2.1. Pursuant to the provisions of Article article 2 (commencing at section 1770), Chapter chapter 1, Part part 7, Division division 2, of the Labor Code of California, the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which this public work is to be performed for each craft, classification, or type of worker needed to execute the this Contract Documents are on file at the DistrictCustomer’s principal office and copies will be made available to any interested party on request. Developer Designer/Builder shall obtain and post a copy of these wage rates at the job site. 26.2.2 37.2.2. Holiday and overtime work, when permitted by law, shall be paid for at a rate of at least one and one-half times the above specified rate of per diem wages, unless otherwise specified. The holidays upon which those rates shall be paid need not be specified by the DistrictCustomer, but shall be all holidays recognized in the applicable collective bargaining agreement. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. 26.2.3 Developer 37.2.3. Designer/Builder shall pay and shall cause to be paid each worker engaged in Work on the Project not less than the general prevailing rate of per diem wages determined by the Director of the Department of Industrial Relations (“DIR”) (“Director”), regardless of any contractual relationship which may be alleged to exist between Developer Designer/Builder or any Subcontractor and such workers. 26.2.4 If, prior 37.2.4. If during the period this bid is required to execution of the Facilities Leaseremain open, the Director determines that there has been a change in any prevailing rate of per diem wages in the locality in which the Work under the Contract Documents is to be performed, such change shall not alter the wage rates in the Notice to Bidders or the Contract Documents subsequently awarded. 26.2.5 37.2.5. Pursuant to Labor Code section 1775, Developer Designer/Builder shall, as a penaltypenalty to Customer, forfeit the statutory amount amount, (believed by the District currently not to be currently exceed two hundred dollars ($200) to District for each calendar day, or portion thereof), for each worker paid less than the prevailing rates, as determined by the District Customer and/or the Director, for the work or craft in which that worker is employed for any public work done under Contract by Developer Designer/Builder or by any Subcontractor under it. 37.2.5.1. The amount of the penalty shall not be less than forty dollars ($40) for each calendar day, 37.2.5.2. The amount of the penalty shall not be less than eighty dollars ($80) for each calendar day or portion thereof, if Designer/Builder has been assessed penalties within the previous three (3) years for failing to meet Designer/Builder’s prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned. 37.2.5.3. The amount of the penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion thereof, if the Labor Commissioner determines the Designer/Builder willfully violated Labor Code section 1775. 37.2.5.4. The difference between such prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by DeveloperDesigner/Builder. 26.2.6 37.2.5.5. Any worker employed to perform Work on the Project, which Work is not covered by any classification listed in the general prevailing wage rate of per diem wages determined by the Director, shall be paid not less than the minimum rate of wages specified therein for the classification which most nearly corresponds to Work to be performed by him, and that such minimum wage rate shall be retroactive to time of initial employment of the such person in that such classification. 26.2.7 37.2.6. Pursuant to Labor Code section 1773.1, per diem wages are deemed to include employer payments for health and welfare, pension, vacation, travel time, subsistence pay, and apprenticeship or other training programs authorized by Labor Code section 3093, and similar purposes. 26.2.8 Developer 37.2.7. Designer/Builder shall post at appropriate conspicuous points on the Project Site of Project, a schedule showing all determined minimum wage rates and all authorized deductions, if any, from unpaid wages actually earned. In addition, Developer Designer/Builder shall post a sign-in log for all workers and visitors to the Site, a list of all Subcontractors subcontractors of any tier on the Site, and the required Equal Employment Opportunity poster(s).

Appears in 1 contract

Samples: Contract for Design and Construction

Wage Rates, Travel, and Subsistence. 26.2.1 7.2.1 Pursuant to the provisions of Article 2 (commencing at section 1770), Chapter 1, Part 7, Division 2, of the Labor Code of California, the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which this public work is to be performed for each craft, classification, or type of worker needed to execute the Contract Documents are on file at the District’s principal office and copies will be made available to any interested party on request. Developer DBE shall obtain and post a copy of these wage rates at the job site. 26.2.2 7.2.2 Holiday and overtime work, when permitted by law, shall be paid for at a rate of at least one and one-half times the above specified rate of per diem wages, unless otherwise specified. The holidays upon which those rates shall be paid need not be specified by the District, but shall be all holidays recognized in the applicable collective bargaining agreement. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. 26.2.3 Developer 7.2.3 DBE shall pay and shall cause to be paid each worker engaged in Work on the Project not less than the general prevailing rate of per diem wages determined by the Director of the Department of Industrial Relations (“DIR”) (“Director”), regardless of any contractual relationship which may be alleged to exist between Developer DBE or any Subcontractor and such workers. 26.2.4 7.2.4 If, prior to execution of the Facilities LeaseAgreement, the Director determines that there has been a change in any prevailing rate of per diem wages in the locality in which the Work under the Contract Documents is to be performed, such change shall not alter the wage rates in the Contract Documents subsequently awarded. 26.2.5 7.2.5 Pursuant to Labor Code section 1775, Developer DBE shall, as a penalty, forfeit the statutory amount (believed by the District to be currently two hundred dollars ($200) to District for each calendar day, or portion thereof, for each worker paid less than the prevailing rates, determined by the District and/or the Director, for the work or craft in which that worker is employed for any public work done under Contract by Developer DBE or by any Subcontractor under it. The difference between such prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by DeveloperDBE. 26.2.6 7.2.6 Any worker employed to perform Work on the Project, which Work is not covered by any classification listed in the general prevailing wage rate of per diem wages determined by the Director, shall be paid not less than the minimum rate of wages specified therein for the classification which most nearly corresponds to Work to be performed by him, and that minimum wage rate shall be retroactive to time of initial employment of the person in that classification. 26.2.7 7.2.7 Pursuant to Labor Code section 1773.1, per diem wages are deemed to include employer payments for health and welfare, pension, vacation, travel time, subsistence pay, and apprenticeship or other training programs authorized by Labor Code section 3093, and similar purposes. 26.2.8 Developer 7.2.8 DBE shall post at appropriate conspicuous points on the Project Site a schedule showing all determined minimum wage rates and all authorized deductions, if any, from unpaid wages actually earned. In addition, Developer DBE shall post a sign-in log for all workers and visitors to the Site, a list of all Subcontractors of any tier on the Site, and the required Equal Employment Opportunity poster(s).

Appears in 1 contract

Samples: Design Build Agreement

Wage Rates, Travel, and Subsistence. 26.2.1 Pursuant to the provisions of Article article 2 (commencing at section 1770), Chapter chapter 1, Part part 7, Division division 2, of the Labor Code of California, the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which this public work is to be performed for each craft, classification, or type of worker needed to execute the this Contract Documents are on file at the District’s principal office and copies will be made available to any interested party on request. Developer Contractor shall obtain and post a copy of these wage rates at the job site. 26.2.2 . Holiday and overtime work, when permitted by law, shall be paid for at a rate of at least one and one-half times the above specified rate of per diem wages, unless otherwise specified. The holidays upon which those rates shall be paid need not be specified by the District, but shall be all holidays recognized in the applicable collective bargaining agreement. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. 26.2.3 Developer . Contractor shall pay and shall cause to be paid each worker engaged in Work on the Project not less than the general prevailing rate of per diem wages determined by the Director of the Department of Industrial Relations (“DIR”) (“Director”), regardless of any contractual relationship which may be alleged to exist between Developer Contractor or any Subcontractor and such workers. 26.2.4 If, prior . If during the period this bid is required to execution of the Facilities Leaseremain open, the Director determines that there has been a change in any prevailing rate of per diem wages in the locality in which the Work under the Contract Documents is to be performed, such change shall not alter the wage rates in the Notice to Bidders or the Contract Documents subsequently awarded. 26.2.5 . Pursuant to Labor Code section 1775, Developer Contractor shall, as a penaltypenalty to District, forfeit the statutory amount amount, (believed by the District currently not to be currently exceed two hundred dollars ($200) to District for each calendar day, or portion thereof), for each worker paid less than the prevailing rates, as determined by the District and/or the Director, for the work or craft in which that worker is employed for any public work done under Contract by Developer Contractor or by any Subcontractor under it. The amount of the penalty shall not be less than forty dollars ($40) for each calendar day, or portion thereof, unless the failure of Contractor was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of Contractor. The amount of the penalty shall not be less than eighty dollars ($80) for each calendar day or portion thereof, if Contractor has been assessed penalties within the previous three (3) years for failing to meet Contractor’s prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned. The amount of the penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion thereof, if the Labor Commissioner determines the Contractor willfully violated Labor Code section 1775. The difference between such prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by Developer. 26.2.6 Contractor. Any worker employed to perform Work on the Project, which Work is not covered by any classification listed in the general prevailing wage rate of per diem wages determined by the Director, shall be paid not less than the minimum rate of wages specified therein for the classification which most nearly corresponds to Work to be performed by him, and that such minimum wage rate shall be retroactive to time of initial employment of the such person in that such classification. 26.2.7 . Pursuant to Labor Code section 1773.1, per diem wages are deemed to include employer payments for health and welfare, pension, vacation, travel time, subsistence pay, and apprenticeship or other training programs authorized by Labor Code section 3093, and similar purposes. 26.2.8 Developer . Contractor shall post at appropriate conspicuous points on the Project Site of Project, a schedule showing all determined minimum wage rates and all authorized deductions, if any, from unpaid wages actually earned. In addition, Developer Contractor shall post a sign-in log for all workers and visitors to the Site, a list of all Subcontractors subcontractors of any tier on the Site, and the required Equal Employment Opportunity poster(s).

Appears in 1 contract

Samples: Site Lease

Wage Rates, Travel, and Subsistence. 26.2.1 26.2.1. Pursuant to the provisions of Article article 2 (commencing at section 1770), Chapter chapter 1, Part part 7, Division division 2, of the Labor Code of California, the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which this public work is to be performed for each craft, classification, or type of worker needed to execute the this Contract Documents are on file at the District’s principal office and copies will be made available to any interested party on request. Developer shall obtain and post a copy of these wage rates at the job site. 26.2.2 26.2.2. Holiday and overtime work, when permitted by law, shall be paid for at a rate of at least one and one-half times the above specified rate of per diem wages, unless otherwise specified. The holidays upon which those rates shall be paid need not be specified by the District, but shall be all holidays recognized in the applicable collective bargaining agreement. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. 26.2.3 26.2.3. Developer shall pay and shall cause to be paid each worker engaged in Work on the Project not less than the general prevailing rate of per diem wages determined by the Director of the Department of Industrial Relations (“DIR”) (“Director”), regardless of any contractual relationship which may be alleged to exist between Developer or any Subcontractor and such workers. 26.2.4 If, prior 26.2.4. If during the period this bid is required to execution of the Facilities Leaseremain open, the Director determines that there has been a change in any prevailing rate of per diem wages in the locality in which the Work under the Contract Documents is to be performed, such change shall not alter the wage rates in the Notice to Bidders or the Contract Documents subsequently awarded. 26.2.5 26.2.5. Pursuant to Labor Code section 1775, Developer shall, as a penaltypenalty to District, forfeit the statutory amount amount, (believed by the District currently not to be currently exceed two hundred dollars ($200) to District for each calendar day, or 26.2.5.1. The amount of the penalty shall not be less than forty dollars ($40) for each calendar day, or portion thereof, unless the failure of Developer was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of Developer. 26.2.5.2. The amount of the penalty shall not be less than eighty dollars ($80) for each worker paid calendar day or portion thereof, if Developer has been assessed penalties within the previous three (3) years for failing to meet Developer’s prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned. 26.2.5.3. The amount of the penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion thereof, if the prevailing rates, determined by Labor Commissioner determines the District and/or the Director, for the work or craft in which that worker is employed for any public work done under Contract by Developer or by any Subcontractor under itwillfully violated Labor Code section 1775. 26.2.5.4. The difference between such prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by Developer. 26.2.6 26.2.6. Any worker employed to perform Work on the Project, which Work is not covered by any classification listed in the general prevailing wage rate of per diem wages determined by the Director, shall be paid not less than the minimum rate of wages specified therein for the classification which most nearly corresponds to Work to be performed by him, and that such minimum wage rate shall be retroactive to time of initial employment of the such person in that such classification. 26.2.7 26.2.7. Pursuant to Labor Code section 1773.1, per diem wages are deemed to include employer payments for health and welfare, pension, vacation, travel time, subsistence pay, and apprenticeship or other training programs authorized by Labor Code section 3093, and similar purposes. 26.2.8 26.2.8. Developer shall post at appropriate conspicuous points on the Project Site of Project, a schedule showing all determined minimum wage rates and all authorized deductions, if any, from unpaid wages actually earned. In addition, Developer shall post a sign-in log for all workers and visitors to the Site, a list of all Subcontractors subcontractors of any tier on the Site, and the required Equal Employment Opportunity poster(s).

Appears in 1 contract

Samples: Facilities Lease

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Wage Rates, Travel, and Subsistence. 26.2.1 42.3.1. Pursuant to the provisions of Article article 2 (commencing at section 1770), Chapter chapter 1, Part part 7, Division division 2, of the Labor Code of California, the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which this public work is to be performed for each craft, classification, or type of worker needed to execute the this Contract Documents are on file at the District’s principal office and copies will be made available to any interested party on request. Developer ForeFront Power shall obtain and post a copy of these wage rates at the job site. 26.2.2 42.3.2. Holiday and overtime work, when permitted by law, shall be paid for at a rate of at least one and one-half times the above specified rate of per diem wages, unless otherwise specified. The holidays upon which those rates shall be paid need not be specified by the District, but shall be all holidays recognized in the applicable collective bargaining agreement. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. 26.2.3 Developer 42.3.3. ForeFront Power shall pay and shall cause to be paid each worker engaged in Work on the Project not less than the general prevailing rate of per diem wages determined by the Director of the Department of Industrial Relations (“DIR”) (“Director”), regardless of any contractual relationship which may be alleged to exist between Developer ForeFront Power or any Subcontractor and such workers. 26.2.4 If, prior 42.3.4. If during the period this bid is required to execution of the Facilities Leaseremain open, the Director determines that there has been a change in any prevailing rate of per diem wages in the locality in which the Work under the Contract Documents is to be performed, such change shall not alter the wage rates in the Notice to Bidders or the Contract Documents subsequently awarded. 26.2.5 42.3.5. Pursuant to Labor Code section 1775, Developer ForeFront Power shall, as a penaltypenalty to District, forfeit the statutory amount amount, (believed by the District currently not to be currently exceed two hundred dollars ($200) to District for each calendar day, or portion thereof), for each worker paid less than the prevailing rates, as determined by the District and/or the Director, for the work or craft in which that worker is employed for any public work done under Contract by Developer ForeFront Power or by any Subcontractor under it. 42.3.5.1. The amount of the penalty shall not be less than forty dollars ($40) for each calendar day, or portion thereof, unless the failure of ForeFront Power was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of ForeFront Power. 42.3.5.2. The amount of the penalty shall not be less than eighty dollars ($80) for each calendar day or portion thereof, if ForeFront Power has been assessed penalties within the previous three (3) years for failing to meet ForeFront Power’s prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned. 42.3.5.3. The amount of the penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion thereof, if the Labor Commissioner determines ForeFront Power willfully violated Labor Code section 1775. 42.3.5.4. The difference between such prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by DeveloperForeFront Power. 26.2.6 42.3.6. Any worker employed to perform Work on the Project, which Work is not covered by any classification listed in the general prevailing wage rate of per diem wages determined by the Director, shall be paid not less than the minimum rate of wages specified therein for the classification which most nearly corresponds to Work to be performed by him, and that such minimum wage rate shall be retroactive to time of initial employment of the such person in that such classification. 26.2.7 42.3.7. Pursuant to Labor Code section 1773.1, per diem wages are deemed to include employer payments for health and welfare, pension, vacation, travel time, subsistence pay, and apprenticeship or other training programs authorized by Labor Code section 3093, and similar purposes. 26.2.8 Developer 42.3.8. ForeFront Power shall post at appropriate conspicuous points on the Project Site of Project, a schedule showing all determined minimum wage rates and all authorized deductions, if any, from unpaid wages actually earned. In addition, Developer ForeFront Power shall post a sign-in log for all workers and visitors to the Site, a list of all Subcontractors subcontractors of any tier on the Site, and the required Equal Employment Opportunity poster(s).

Appears in 1 contract

Samples: Energy Services Agreement

Wage Rates, Travel, and Subsistence. 26.2.1 Pursuant to the provisions of Article 2 (commencing at section 1770), Chapter 1, Part 7, Division 2, of the Labor Code of California, the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which this public work is to be performed for each craft, classification, or type of worker needed to execute the Contract Documents are on file at the District’s principal office and copies will be made available to any interested party on request. Developer shall obtain and post a copy of these wage rates at the job site. 26.2.2 Holiday and overtime work, when permitted by law, shall be paid for at a rate of at least one and one-half times the above specified rate of per diem wages, unless otherwise specified. The holidays upon which those rates shall be paid need not be specified by the District, District but shall be all holidays recognized in the applicable collective bargaining agreement. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. 26.2.3 Developer shall pay and shall cause to be paid each worker engaged in Work on the Project not less than the general prevailing rate of per diem wages determined by the Director of the Department of Industrial Relations (“DIR”) (“Director”), regardless of any contractual relationship which may be alleged to exist between Developer or any Subcontractor and such workers. 26.2.4 If, prior to execution of the Facilities Lease, the Director determines that there has been a change in any prevailing rate of per diem wages in the locality in which the Work under the Contract Documents is to be performed, such change shall not alter the wage rates in the Contract Documents subsequently awarded. 26.2.5 Pursuant to Labor Code section 1775, Developer shall, as a penalty, forfeit the statutory amount (believed by the District to be currently two hundred dollars ($200) to District for each calendar day, or portion thereof, for each worker paid less than the prevailing rates, determined by the District and/or the Director, for the work or craft in which that worker is employed for any public work done under Contract by Developer or by any Subcontractor under it. The difference between such prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by Developer. 26.2.6 Any worker employed to perform Work on the Project, which Work is not covered by any classification listed in the general prevailing wage rate of per diem wages determined by the Director, shall be paid not less than the minimum rate of wages specified therein for the classification which most nearly corresponds to Work to be performed by him, and that minimum wage rate shall be retroactive to time of initial employment of the person in that classification. 26.2.7 Pursuant to Labor Code section 1773.1, per diem wages are deemed to include employer payments for health and welfare, pension, vacation, travel time, subsistence pay, and apprenticeship or other training programs authorized by Labor Code section 3093, and similar purposes. 26.2.8 Developer shall post at appropriate conspicuous points on the Project Site a schedule showing all determined minimum wage rates and all authorized deductions, if any, from unpaid wages actually earned. In addition, Developer shall post a sign-in log for all workers and visitors to the Site, a list of all Subcontractors of any tier on the Site, and the required Equal Employment Opportunity poster(s).

Appears in 1 contract

Samples: Construction Contract

Wage Rates, Travel, and Subsistence. 26.2.1 26.2.1. Pursuant to the provisions of Article article 2 (commencing at section 1770), Chapter chapter 1, Part part 7, Division division 2, of the Labor Code of California, the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which this public work is to be performed for each craft, classification, or type of worker needed to execute the Contract Documents are on file at the District’s principal office and copies will be made available to any interested party on requesteach 26.2.2. Developer shall obtain and post a copy of these wage rates at the job site. 26.2.2 Holiday and overtime work, when permitted by law, shall be paid for at a rate of at least one and one-half times the above specified rate of per diem wages, unless otherwise specified. The holidays upon which those rates shall be paid need not be specified by the District, but shall be all holidays recognized in the applicable collective bargaining agreement. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. 26.2.3 26.2.3. Developer shall pay and shall cause to be paid each worker engaged in Work on the Project not less than the general prevailing rate of per diem wages determined by the Director of the Department of Industrial Relations (“DIR”) (“Director”), regardless of any contractual relationship which may be alleged to exist between Developer or any Subcontractor and such workers. 26.2.4 If, prior 26.2.4. If during the period this bid is required to execution of the Facilities Leaseremain open, the Director determines that there has been a change in any prevailing rate of per diem wages in the locality in which the Work under the Contract Documents is to be performed, such change shall not alter the wage rates in the Contract Documents subsequently awarded.the 26.2.5 26.2.5. Pursuant to Labor Code section 1775, Developer shall, as a penaltypenalty to District, forfeit the statutory amount amount, (believed by the District currently not to be currently exceed two hundred dollars ($200) to District for each calendar day, or 26.2.5.1. The amount of the penalty shall not be less than forty dollars ($40) for each calendar day, or portion thereof, unless the failure of Developer was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of Developer. 26.2.5.2. The amount of the penalty shall not be less than eighty dollars ($80) for each worker paid calendar day or portion thereof, if Developer has been assessed penalties within the previous three (3) years for failing to meet Developer’s prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned. 26.2.5.3. The amount of the penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion thereof, if the prevailing rates, determined by Labor Commissioner determines the District and/or the Director, for the work or craft in which that worker is employed for any public work done under Contract by Developer or by any Subcontractor under itwillfully violated Labor Code section 1775. 26.2.5.4. The difference between such prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by Developer. 26.2.6 26.2.6. Any worker employed to perform Work on the Project, which Work is not covered by any classification listed in the general prevailing wage rate of per diem wages determined by the Director, shall be paid not less than the minimum rate of wages specified therein for the classification which most nearly corresponds to Work to be performed by him, and that such minimum wage rate shall be retroactive to time of initial employment of the such person in that such classification. 26.2.7 26.2.7. Pursuant to Labor Code section 1773.1, per diem wages are deemed to include employer payments for health and welfare, pension, vacation, travel time, subsistence pay, and apprenticeship or other training programs authorized by Labor Code section 3093, and similar purposes. 26.2.8 26.2.8. Developer shall post at appropriate conspicuous points on the Project Site of Project, a schedule showing all determined minimum wage rates and all authorized deductions, if any, from unpaid wages actually earned. In addition, Developer shall post a sign-in log for all workers and visitors to the Site, a list of all Subcontractors subcontractors of any tier on the Site, and the required Equal Employment Opportunity poster(s).

Appears in 1 contract

Samples: Facilities Lease

Wage Rates, Travel, and Subsistence. 26.2.1 Pursuant to the provisions of Article 2 (commencing at section 1770), Chapter 1, Part 7, Division 2, of the Labor Code of California, the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which this public work is to be performed for each craft, classification, or type of worker needed to execute the Contract Documents are on file at the District’s principal office and copies will be made available to any interested party on request. Developer shall obtain and post a copy of these wage rates at the job site. 26.2.2 Holiday and overtime work, when permitted by law, shall be paid for at a rate of at least one and one-half times the above specified general prevailing rate of per diem wages, wages for holiday and overtime work on file with the Director of the Department of Industrial Relations unless otherwise specified. The holidays upon which those rates shall be paid need not be specified by the District, but shall be all holidays recognized in the applicable collective bargaining agreement. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. 26.2.3 Developer shall pay and shall cause to be paid each worker engaged in Work on the Project not less than the general prevailing rate of per diem wages determined by the Director of the Department of Industrial Relations (“DIR”) (“Director”), regardless of any contractual relationship which may be alleged to exist between Developer or any Subcontractor and such workers. 26.2.4 If, If prior to execution of the Facilities Lease, the Director determines that there has been a change in any prevailing rate of per diem wages in the locality in which the Work under the Contract Documents is to be performed, such change shall not alter the wage rates in the Contract Documents subsequently awarded. 26.2.5 Pursuant to Labor Code section 1775, Developer shall, as a penalty, forfeit the statutory amount (believed by the District to be currently two hundred dollars ($200)) to District for each calendar day, or portion thereof, for each worker paid less than the prevailing rates, determined by the District and/or the Director, for the work or craft in which that worker is employed for any public work done under Contract by Developer or by any Subcontractor under it. The difference between such prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate, rate shall be paid to each worker by Developer. 26.2.6 Any worker employed to perform Work on the Project, which Work is not covered by any classification listed in the general prevailing wage rate of per diem wages determined by the Director, shall be paid not less than the minimum rate of wages specified therein for the classification which most nearly corresponds to Work to be performed by him, and that such minimum wage rate shall be retroactive to time of initial employment of the such person in that such classification. 26.2.7 Pursuant to Labor Code section 1773.1, per diem wages are deemed to include employer payments for health and welfare, pension, vacation, travel time, subsistence pay, and apprenticeship or other training programs authorized by Labor Code section 3093, and similar purposes. 26.2.8 Developer shall post at appropriate conspicuous points on the Project Site a schedule showing all determined minimum wage rates and all authorized deductions, if any, from unpaid wages actually earned. In addition, Developer shall post a sign-in log for all workers and visitors to the Site, a list of all Subcontractors subcontractors of any tier on the Site, and the required Equal Employment Opportunity poster(s).

Appears in 1 contract

Samples: Facilities Lease

Wage Rates, Travel, and Subsistence. 26.2.1 37.2.1. Pursuant to the provisions of Article article 2 (commencing at section 1770), Chapter chapter 1, Part part 7, Division division 2, of the Labor Code of California, the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which this public work is to be performed for each craft, classification, or type of worker needed to execute the this Contract Documents are on file at the District’s principal office and copies will be made available to any interested party on request. Developer Designer/Builder shall obtain and post a copy of these wage rates at the job site. 26.2.2 37.2.2. Holiday and overtime work, when permitted by law, shall be paid for at a rate of at least one and one-half times the above specified rate of per diem wages, unless otherwise specified. The holidays upon which those rates shall be paid need not be specified by the District, but shall be all holidays recognized in the applicable collective bargaining agreement. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. 26.2.3 Developer 37.2.3. Designer/Builder shall pay and shall cause to be paid each worker engaged in Work on the Project not less than the general prevailing rate of per diem wages determined by the Director of the Department of Industrial Relations (“DIR”) (“Director”), regardless of any contractual relationship which may be alleged to exist between Developer Designer/Builder or any Subcontractor and such workers. 26.2.4 If, prior 37.2.4. If during the period this bid is required to execution of the Facilities Leaseremain open, the Director determines that there has been a change in any prevailing rate of per diem wages in the locality in which the Work under the Contract Documents is to be performed, such change shall not alter the wage rates in the Notice to Bidders or the Contract Documents subsequently awarded. 26.2.5 37.2.5. Pursuant to Labor Code section 1775, Developer Designer/Builder shall, as a penaltypenalty to District, forfeit the statutory amount amount, (believed by the District currently not to be currently exceed two hundred dollars ($200) to District for each calendar day, or portion thereof), for each worker paid less than the prevailing rates, as determined by the District and/or the Director, for the work or craft in which that worker is employed for any public work done under Contract by Developer Designer/Builder or by any Subcontractor under it. 37.2.5.1. The amount of the penalty shall not be less than forty dollars ($40) for each calendar day, or portion thereof, unless the failure of Designer/Builder was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of Contractor. 37.2.5.2. The amount of the penalty shall not be less than eighty dollars ($80) for each calendar day or portion thereof, if Designer/Builder has been assessed penalties within the previous three (3) years for failing to meet Contractor’s prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned. 37.2.5.3. The amount of the penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion thereof, if the Labor Commissioner determines the Designer/Builder willfully violated Labor Code section 1775. 37.2.5.4. The difference between such prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by DeveloperContractor. 26.2.6 37.2.6. Any worker employed to perform Work on the Project, which Work is not covered by any classification listed in the general prevailing wage rate of per diem wages determined by the Director, shall be paid not less than the minimum rate of wages specified therein for the classification which most nearly corresponds to Work to be performed by him, and that such minimum wage rate shall be retroactive to time of initial employment of the such person in that such classification. 26.2.7 37.2.7. Pursuant to Labor Code section 1773.1, per diem wages are deemed to include employer payments for health and welfare, pension, vacation, travel time, subsistence pay, and apprenticeship or other training programs authorized by Labor Code section 3093, and similar purposes. 26.2.8 Developer 37.2.8. Designer/Builder shall post at appropriate conspicuous points on the Project Site of Project, a schedule showing all determined minimum wage rates and all authorized deductions, if any, from unpaid wages actually earned. In addition, Developer Designer/Builder shall post a sign-in log for all workers and visitors to the Site, a list of all Subcontractors subcontractors of any tier on the Site, and the required Equal Employment Opportunity poster(s).

Appears in 1 contract

Samples: Contract for Energy Efficiency Design / Build Services

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