Common use of Labor Code Requirements Clause in Contracts

Labor Code Requirements. 44.1 With respect to the provisions of the Services, Contractor shall comply with all applicable provisions of the California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 - 5, including, without limitation, the payment of the general prevailing per diem wage rates for public work projects of more than one thousand dollars ($1,000). Copies of the prevailing rate of per diem wages are on file with the Judicial Council. In addition, the Contractor and each subcontractor shall comply with Chapter 1 of Division 2, Part 7 of the California Labor Code, beginning with section 1720, and including section 1735 forbidding discrimination, section 1776 pertaining to payroll records, and sections 1777.5 and 1777.6 concerning the employment of apprentices by Contractor or subcontractors. Willful failure to comply may result in penalties, including loss of the right to bid on or receive public works contracts. 44.2 The Contractor and all subcontractors shall pay all workers on work performed pursuant to this Agreement not less than the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work as determined by the Director of the Department of Industrial Relations, State of California, for the type of work performed and the locality in which the work is to be performed, pursuant to sections 1770 et seq. of the California Labor Code. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Agreement, as determined by Director of the State of California Department of Industrial Relations, are on file at the Judicial Council's principal office. Prevailing wage rates are also available from the Judicial Council or on the internet at (http: //www. ▇▇▇.▇▇.▇▇▇). 44.3 Contractor shall comply with the registration and compliance monitoring provisions of Labor Code section 1771.4, including furnishing its certified payroll records to the Labor Commissioner of California and complying with any applicable enforcement by the Department of Industrial Relations. Labor Code section 1771.1(a) states the following: “A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by section 7029.1 of the Business and Professions Code or by section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.” 44.4 Contractor shall, and shall ensure that all “subcontractors” (as defined by Labor Code section 1722.1), comply with Labor Code section 1725.5, including without limitation the registration requirements with the Department of Industrial Relations that are set forth in Labor Code section 1725.5. Contractor represents to the Judicial Council that all “subcontractors” (as defined by Labor Code section 1722.1) are registered pursuant to Labor Code section 1725.5. Contractor shall not permit any Subcontractor to perform any Services, without first verifying the Subcontractor is properly registered with the Department of Industrial Relations as required by law, and providing this information in writing to the Judicial Council. Contractor acknowledges that, for purposes of Labor Code section 1725.5, this work is a public work to which Labor Code section 1771 applies. 44.5 The Project and the Maintenance Services are subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor shall post job site notices, as prescribed by regulation. Contractor shall comply with all requirements of Labor Code section 1771.4, except the requirements that are exempted by the Labor Commissioner for the project. 44.6 Unless otherwise provided in this Agreement, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Services, whether temporary or permanent and whether or not incorporated or to be incorporated in the work. Materials, articles, and equipment furnished by the Contractor for incorporation into the work shall be new unless otherwise specified in the Agreement.

Labor Code Requirements. 44.1 With respect to the provisions Contractor is aware of the Services, Contractor shall comply with all applicable provisions requirements of the California Labor CodeCode Sections 1720, Division 2et seq., Part 7and 1770, Chapter 1et seq., Articles 1 - 5as well as California Code of Regulations, includingTitle 8, without limitationSection 16000, et seq., (“Prevailing Wage Laws”), which require the payment of the general prevailing per diem wage rates for and the performance of other requirements on “public works” and “maintenance” projects. Since the work projects performed under this Agreement involves the performance of more than one thousand dollars (“public works” or “maintenance,” as defined by the Prevailing Wage Laws, and since the total compensation is $1,000)1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Copies Upon request, City shall provide Contractor with a copy of the prevailing rate rates of per diem wages are on file with in effect at the Judicial Councilcommencement of this Agreement. In addition, the Contractor and each subcontractor shall comply with Chapter 1 of Division 2, Part 7 make copies of the California Labor Code, beginning with section 1720, and including section 1735 forbidding discrimination, section 1776 pertaining to payroll records, and sections 1777.5 and 1777.6 concerning the employment of apprentices by Contractor or subcontractors. Willful failure to comply may result in penalties, including loss of the right to bid on or receive public works contracts. 44.2 The Contractor and all subcontractors shall pay all workers on work performed pursuant to this Agreement not less than the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work as determined by the Director of the Department of Industrial Relations, State of California, for the type of work performed and the locality in which the work is to be performed, pursuant to sections 1770 et seq. of the California Labor Code. Copies of the general prevailing rates of per diem wages for each craft, classification, classification or type of worker needed to execute the Agreementwork under this Agreement available to interested parties upon request, as determined by Director and shall post copies at the Contractor’s principal place of business and at the site of the State of California Department of Industrial Relations, are on file at the Judicial Council's principal officework. Prevailing wage rates are also available from the Judicial Council or on the internet at (http: //www. ▇▇▇.▇▇.▇▇▇). 44.3 Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the registration and compliance monitoring provisions of Labor Code section 1771.4, including furnishing its certified payroll records to the Labor Commissioner of California and complying with any applicable enforcement Prevailing Wage Laws. Any stop orders issued by the Department of Industrial RelationsRelations against Contractor or any subcontractor that affect Contractor’s performance of services, including any delay, shall be Contractor’s sole responsibility and Contractor shall indemnify City from liability arising out of the same. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Section 1776), hours of labor (Labor Code Sections 1813 and 1815), debarment of contractors and subcontractors (Labor Code Section 1777.1), and contractor and subcontractor registration (Labor Code Sections 1725.5 and 1771.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.1(a) states the following: “A contractor or subcontractor shall not 1771.4 and to be qualified to bid on, be listed in a bid proposal, subject to the requirements of section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by section 7029.1 of the Business and Professions Code or by section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.” 44.4 Contractor shall, and shall ensure that all “subcontractors” (as defined by Labor Code section 1722.1), comply with Labor Code section 1725.5, including without limitation the registration requirements with the Department of Industrial Relations that are set forth in Labor Code section 1725.5. Contractor represents to the Judicial Council that all “subcontractors” (as defined by Labor Code section 1722.1) are registered pursuant to Labor Code section 1725.5. Contractor shall not permit any Subcontractor to perform any Services, without first verifying the Subcontractor is properly registered with the Department of Industrial Relations as required by law, and providing this information in writing shall not apply to work performed on a public works project that is exempt pursuant to the Judicial Council. Contractor acknowledges that, for purposes of small project exemption specified in Labor Code section 1725.5, this work is a public work to which Labor Code section 1771 applies. 44.5 The Project and the Maintenance Services are subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor shall post job site notices, as prescribed by regulation. Contractor shall comply with all requirements of Labor Code section Sections 1771.4, except the requirements that are exempted by the Labor Commissioner for the project1725.5 and 1771.1. 44.6 Unless otherwise provided in this Agreement, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Services, whether temporary or permanent and whether or not incorporated or to be incorporated in the work. Materials, articles, and equipment furnished by the Contractor for incorporation into the work shall be new unless otherwise specified in the Agreement.

Labor Code Requirements. 44.1 With respect Pursuant to the provisions of the Services, Contractor shall comply with all applicable provisions sections 1770 et seq. of the California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 - 5, including, without limitation, the payment of the general prevailing per diem wage rates for public work projects of more than one thousand dollars ($1,000). Copies of the prevailing rate of per diem wages are on file with the Judicial Council. In addition, the Contractor and each subcontractor shall comply with Chapter 1 of Division 2, Part 7 of the California Labor Code, beginning with section 1720, and including section 1735 forbidding discrimination, section 1776 pertaining to payroll records, and sections 1777.5 and 1777.6 concerning the employment of apprentices by Contractor or subcontractors. Willful failure to comply may result in penalties, including loss of the right to bid on or receive public works contracts. 44.2 The Contractor Designer/Builder and all subcontractors under the Designer/Builder shall pay all workers on work all Work performed pursuant to this Agreement the Contract not less than the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work as determined by the Director of the State of California Department of Industrial Relations, State of California, Relations (DIR) for the type of work Work performed and the locality in which the work Work is to be performed, pursuant to sections 1770 et seq. performed within the boundaries of the California Labor CodeDistrict. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the AgreementContract, as determined by Director of the State of California Department of Industrial RelationsDIR, are on file at the Judicial Council's principal office. Prevailing wage rates are also available from the Judicial Council District or on the internet at (http: //www▇▇▇▇://▇▇▇. ▇▇▇.▇▇.▇▇▇). 44.3 Contractor 39.1. Designer/Builder shall comply with the registration and compliance monitoring provisions of Labor Code section 1771.4, including furnishing its certified payroll records Certified Payroll Records to the Labor Commissioner of California and complying with any applicable enforcement by the Department of Industrial Relations. Labor Code section 1771.1(a) states the following: : 39.2. Designer/Builder acknowledges that, for purposes of Labor Code section 1725.5, this Work is a public work to which Labor Code section 1771 applies. Designer/Builder shall comply with Labor Code section 1725.5, including without limitation the registration requirements. Additionally, all “A contractor or subcontractor subcontractors” (as defined by Labor Code section 1722.1) shall not comply with Labor Code section 1725.5 to be qualified to bid on, be listed in a bid proposal, subject to the requirements of section Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5the Contract. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by section 7029.1 of the Business and Professions Code or by section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.” 44.4 Contractor shall, and shall ensure that all “subcontractors” (as defined by Labor Code section 1722.1), comply with Labor Code section 1725.5, including without limitation the registration requirements with the Department of Industrial Relations that are set forth in Labor Code section 1725.5. Contractor Designer/Builder represents to the Judicial Council District that all “subcontractors” (as defined by Labor Code section 1722.1) are registered pursuant to Labor Code section 1725.5. Contractor shall not permit any Subcontractor to perform any Services, without first verifying the Subcontractor is properly registered with the Department of Industrial Relations as required by law, and providing this information in writing to the Judicial Council. Contractor acknowledges that, for purposes of Labor Code section 1725.5, this work is a public work to which Labor Code section 1771 applies. 44.5 39.3. The Project and the Maintenance Services are is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor Designer/Builder shall post job site notices, as prescribed by regulation. Contractor Designer/Builder shall comply with all requirements of Labor Code section 1771.4, except the requirements that are exempted by the Labor Commissioner for the projectProject. 44.6 Unless otherwise provided in this Agreement, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Services, whether temporary or permanent and whether or not incorporated or to be incorporated in the work. Materials, articles, and equipment furnished by the Contractor for incorporation into the work shall be new unless otherwise specified in the Agreement.

Labor Code Requirements. 44.1 With respect 33.1 The Consultant shall adhere to the provisions of the Services, Contractor shall comply with all applicable appropriate provisions of the California Labor Code, Code in particular with Division 2, Part 7, Chapter 1, Articles 1 - 51-3. Any approvals, includingby the District, without limitation, will not relieve the payment Consultant from the observation and/or adherence to the provisions of the California Labor Code. 33.2 The Consultant and any subcontractor shall pay not less than the specified general prevailing rates of wages to all workers employed in the execution of the contract. General Prevailing rates of per diem wages shall be those general wage rates determinations made by the Director of the Department of Industrial Relations, State of California, for public work projects each craft, classification or type of more than one thousand dollars ($1,000). worker required in the execution of the contract. 33.3 Copies of the prevailing rate of per diem wages are on file with the Judicial Council. In additionContract Compliance Officer, County of Alameda, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, Room 100, Hayward, CA 94545. 33.4 The Consultant shall post, on the Contractor and each subcontractor shall comply with Chapter 1 of Division 2job site, Part 7 a copy of the California Labor Code, beginning with section 1720, and including section 1735 forbidding discrimination, section 1776 pertaining to payroll records, and sections 1777.5 and 1777.6 concerning the employment of apprentices by Contractor or subcontractors. Willful failure to comply may result in penalties, including loss of the right to bid on or receive public works contracts. 44.2 The Contractor and all subcontractors shall pay all workers on work performed pursuant to this Agreement not less than the general prevailing rate rates of per diem wages and the general prevailing rate for holiday and overtime work as determined by the Director of the Department of Industrial Relations, State of California, for the each craft, classification or type of work performed worker needed to execute the contract. 33.5 Premium pay for Saturdays, Sundays, holidays and overtime shall be as determined by the locality in which the work is to be performed, pursuant to sections 1770 et seq. Director of the Department of Industrial Relations, State of California Labor Codefor each craft, classification or type of worker required in the execution of the contract. Copies of Holidays for which the general prevailing rates hourly wage rate for holiday work shall be paid, shall be all holidays recognized in the collective bargaining agreement on file with the Director of per diem wages for each the Department of Industrial Relations, State of California, applicable to the particular craft, classification, or type of worker needed to execute employed on the Agreementproject. 33.6 Health and welfare, pension, vacation/holiday, apprenticeship or other training programs and any other employer payments required in the execution of the contract shall be as determined by the Director of the State of California Department of Industrial Relations, are on file at State of California, for each craft, classification or type of worker required in the Judicial Council's principal office. Prevailing wage rates are also available from execution of the Judicial Council or on the internet at (http: //www. ▇▇▇.▇▇.▇▇▇)contract. 44.3 Contractor 33.7 Hours of work per day or week shall comply with be as determined by the registration and compliance monitoring provisions director of Labor Code section 1771.4, including furnishing its certified payroll records to the Labor Commissioner of California and complying with any applicable enforcement by the Department of Industrial Relations. Labor Code section 1771.1(a) states , State of California, for each craft, classification or type of worker required in the following: “A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of section 4104 execution of the Public Contract contract. Eight hours labor constitutes a legal day's work. 33.8 Pursuant to Section l773.8 of the Labor Code, or engage in travel and subsistence payments shall be made to each worker needed to execute the performance of any contract for public work, as such travel and subsistence payments are defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by section 7029.1 of the Business and Professions Code or by section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.” 44.4 Contractor shall, and shall ensure that all “subcontractors” (as defined by Labor Code section 1722.1), comply with Labor Code section 1725.5, including without limitation the registration requirements applicable collective bargaining agreements filed with the Department Director of Industrial Relations that are set forth in Labor Code section 1725.5. Contractor represents to the Judicial Council that all “subcontractors” (as defined by Labor Code section 1722.1) are registered pursuant to Labor Code section 1725.5. Contractor shall not permit any Subcontractor to perform any Services, without first verifying the Subcontractor is properly registered with the Department of Industrial Relations as required by law, and providing this information in writing to the Judicial Council. Contractor acknowledges that, for purposes of Labor Code section 1725.5, this work is a public work to which Labor Code section 1771 applies. 44.5 The Project and the Maintenance Services are subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor shall post job site notices, as prescribed by regulation. Contractor State of California. 33.9 The Consultant, or any subcontractor, shall comply with all provisions of Section l777.5 of the Labor Code pertaining to the employment of apprentices on public works projects. The responsibility for compliance with all the provisions of said Section l777.5 for apprenticeable occupations is vested with the Consultant. In the event the Consultant willfully fails to comply with Section l777.5, said Consultant shall be denied the right to bid on any public works contract for a period of up to one year for the first violation and up to three years for the second or subsequent violation with the period running from the date the determination of non-compliance is made. The interpretation and enforcement of Section l777.5 shall be in accordance with rules and procedures prescribed by the California Apprenticeship Council. 33.10 The Consultant shall comply with the Labor Code Sections l774 and l775. In accordance with said Section l775, the Consultant shall forfeit, as a penalty, not more than Fifty Dollars ($50.00) for each calendar day or portion thereof, for each worker paid less than the prevailing wage rates as determined by the Director of Industrial Relations, State of California, for such work or craft in which such worker is employed for any work done under the contract by the Consultant, or by any subcontractor, in violation of the provisions of the Labor Code, and, in particular, Labor Code Sections l770 to l780 inclusive. In addition to said penalty, and pursuant to said Section l775, the difference between such stipulated 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 stipulated prevailing wage rate, shall be paid to each worker by the Consultant. 33.11 Eight hours labor constitutes a legal day's work. The Consultant shall forfeit, as a penalty, Twenty-Five Dollars ($25.00) for each worker employed in the execution of the contract by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of the Labor Code and, in particular, Sections 1810 to 1814 thereof, inclusive, except that work performed by employees of the Consultant in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than one-and-one-half (1-1/2) times the basic rate of pay, as provided in Section 1815 of the Labor Code. 33.12 In accordance with Section l776 of the Labor Code: 33.12.1 The Consultant and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, ethnic code, 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 said Consultant or subcontractor in connection with the work. 33.12.2 The payroll records enumerated in Section 33.12.1 shall be certified, and shall be available for inspection at all reasonable hours at the principal office of the Consultant on the following basis: 33.12.2.1 A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request. 33.12.2.2 A certified copy of all payroll records enumerated in Section 33.12.1 shall be forwarded weekly to the Contract Compliance Officer via the Inspector at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, Hayward, CA 94545, and shall be made available for inspection or furnished upon request to a representative of the District, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations, State of California. 33.12.2.3 A certified copy of all payroll records enumerated in Section 33.12.1 shall be made available upon request to the public for inspection or copies thereof made; provided, however, that a request by the public shall be made through either the District, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. The public shall not be given access to such records at the principal office of the Consultant. 33.12.3 The Consultant shall file a certified copy of the records enumerated in Section 33.12.1 with the entity that requested such records within ten (10) days after receipt of a written request. 33.12.4 Any copy of records made available for inspection as copies and furnished upon request to the public or to any public agency by the District, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, shall be marked or obliterated in such a manner so as to prevent disclosure of an individual's name, address and social security number. The name and address of the Consultant awarded the contract or performing the contract shall not be marked or obliterated. 33.12.5 The Consultant shall inform the District of the location of the records enumerated under Section 33.12.1 including the street address, city and county, and shall, within five (5) working days, provide a notice of any change of location and/or address. 33.12.6 In the event of noncompliance with the requirements of said Section l776 of the Labor Code, the Consultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice specifying in what respects such Consultant must comply with said Section. Should noncompliance still be evident after such ten-day period, the Consultant shall, as a penalty, forfeit Twenty-Five Dollars ($25.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. 33.12.7 The responsibility for compliance with Section l776 of the Labor Code section 1771.4shall be a responsibility of the Consultant. 33.13 A certified copy of all payroll records enumerated in the above Section 33.12 shall be sent weekly to the Contract Compliance Officer via the Inspector at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, Hayward, CA 94545. 33.13.1 Certified weekly payrolls shall show the wages and benefits paid to each employee, the employee's job classification, sex and ethnic code. Payrolls will be submitted by the Consultant and each subcontractor via the Consultant. 33.13.2 This provision applies to all classifications, including truckers. 33.14 Requests for information relating to labor compliance records, including certified payroll records enumerated in Section 33.12, shall be made through the Contract Compliance Officer at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, Room 100, Hayward, CA 94545. 33.15 Failure to file certified copies of the records enumerated in Section 33.12.1 with District representatives may result in conditioning amounts of any progress payment due. 33.16 The Consultant assures that he/she/it will comply with the Americans with Disabilities Act (ADA) and Title VII of the Civil Rights Act of 1964 and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran's status, political affiliation, or any other non-merit factor, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this contract. 33.16.1 The Consultant shall, in all solicitations or advertisements for applicants for employment placed as a result of this contract, state that it is an “Equal Opportunity Employer” or that all qualified applicants will receive consideration for employment without regard to their race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran's status, political affiliation, or any other non-merit factor. 33.16.2 Consultant shall, if requested to so do by the District, certify that it has not, in the performance of this contract, discriminated against applicants or employees because of their race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran’s status, political affiliation, or any other non-merit factor. 33.16.3 If requested to do so by the District, Consultant shall provide the District with access to copies of all of its records pertaining or relating to its employment practices, except to the requirements that extent such records or portions of such records are exempted by the Labor Commissioner for the projectconfidential or privileged under state or federal law. 44.6 Unless otherwise provided 33.16.4 Consultant shall recruit vigorously and encourage minority- and women-owned businesses to bid its subcontracts. 33.16.5 Nothing contained in this Agreement, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Services, whether temporary or permanent and whether or not incorporated or to be incorporated in the work. Materials, articles, and equipment furnished by the Contractor for incorporation into the work contract shall be new unless otherwise specified construed in any manner so as to require or permit any act which is prohibited by law. 33.16.6 The Consultant shall include the Agreementprovisions set forth in Sections 33.16.1 through 33.16.5 in each of its subcontracts.

Labor Code Requirements. 44.1 With respect 33.1 The CONSULTANT shall adhere to the provisions of the Services, Contractor shall comply with all applicable appropriate provisions of the California Labor Code, Code in particular with Division 2, Part 7, Chapter 1, Articles 1 - 51-3. Any approvals, includingby the County, without limitation, will not relieve the payment CONSULTANT from the observation and/or adherence to the provisions of the California Labor Code. 33.2 The CONSULTANT and any subcontractor shall be currently registered to perform public work. CONSULTANT and any subcontractor shall pay not less than the specified general prevailing rates of wages to all workers employed in the execution of the contract. General Prevailing rates of per diem wages shall be those general wage rates determinations made by the Director of the Department of Industrial Relations, State of California, for public work projects each craft, classification or type of more than one thousand dollars ($1,000). worker required in the execution of the contract. 33.3 Copies of the prevailing rate of per diem wages are on file with the Judicial Council. In additionContract Compliance Officer, County of Alameda, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, Room 100, Hayward, CA 94545. 33.4 The CONSULTANT shall post, on the Contractor and each subcontractor shall comply with Chapter 1 of Division 2job site, Part 7 a copy of the California Labor Code, beginning with section 1720, and including section 1735 forbidding discrimination, section 1776 pertaining to payroll records, and sections 1777.5 and 1777.6 concerning the employment of apprentices by Contractor or subcontractors. Willful failure to comply may result in penalties, including loss of the right to bid on or receive public works contracts. 44.2 The Contractor and all subcontractors shall pay all workers on work performed pursuant to this Agreement not less than the general prevailing rate rates of per diem wages and the general prevailing rate for holiday and overtime work as determined by the Director of the Department of Industrial Relations, State of California, for the each craft, classification or type of work performed worker needed to execute the contract. 33.5 Premium pay for Saturdays, Sundays, holidays and overtime shall be as determined by the locality in which the work is to be performed, pursuant to sections 1770 et seq. Director of the Department of Industrial Relations, State of California Labor Codefor each craft, classification or type of worker required in the execution of the contract. Copies of Holidays for which the general prevailing rates hourly wage rate for holiday work shall be paid, shall be all holidays recognized in the collective bargaining agreement on file with the Director of per diem wages for each the Department of Industrial Relations, State of California, applicable to the particular craft, classification, or type of worker needed to execute employed on the Agreementproject. 33.6 Health and welfare, pension, vacation/holiday, apprenticeship or other training programs and any other employer payments required in the execution of the contract shall be as determined by the Director of the State of California Department of Industrial Relations, are on file at State of California, for each craft, classification or type of worker required in the Judicial Council's principal office. Prevailing wage rates are also available from execution of the Judicial Council or on the internet at (http: //www. ▇▇▇.▇▇.▇▇▇)contract. 44.3 Contractor 33.7 Hours of work per day or week shall comply with be as determined by the registration and compliance monitoring provisions director of Labor Code section 1771.4, including furnishing its certified payroll records to the Labor Commissioner of California and complying with any applicable enforcement by the Department of Industrial Relations. Labor Code section 1771.1(a) states , State of California, for each craft, classification or type of worker required in the following: “A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of section 4104 execution of the Public Contract contract. Eight hours of labor constitutes a legal day's work. 33.8 Pursuant to Section l773.8 of the Labor Code, or engage in travel and subsistence payments shall be made to each worker needed to execute the performance of any contract for public work, as such travel and subsistence payments are defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by section 7029.1 of the Business and Professions Code or by section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.” 44.4 Contractor shall, and shall ensure that all “subcontractors” (as defined by Labor Code section 1722.1), comply with Labor Code section 1725.5, including without limitation the registration requirements applicable collective bargaining agreements filed with the Department Director of Industrial Relations that are set forth in Labor Code section 1725.5. Contractor represents to the Judicial Council that all “subcontractors” (as defined by Labor Code section 1722.1) are registered pursuant to Labor Code section 1725.5. Contractor shall not permit any Subcontractor to perform any Services, without first verifying the Subcontractor is properly registered with the Department of Industrial Relations as required by law, and providing this information in writing to the Judicial Council. Contractor acknowledges that, for purposes of Labor Code section 1725.5, this work is a public work to which Labor Code section 1771 applies. 44.5 The Project and the Maintenance Services are subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor shall post job site notices, as prescribed by regulation. Contractor State of California. 33.9 The CONSULTANT, or any subcontractor, shall comply with all provisions of Section l777.5 of the Labor Code pertaining to the employment of apprentices on public works projects. The responsibility for compliance with all the provisions of said Section l777.5 for apprenticeable occupations is vested with the CONSULTANT. In the event the CONSULTANT willfully fails to comply with Section l777.5, said CONSULTANT shall be denied the right to bid on any public works contract for a period of up to one year for the first violation and up to three years for the second or subsequent violation with the period running from the date the determination of non-compliance is made. The interpretation and enforcement of Section l777.5 shall be in accordance with rules and procedures prescribed by the California Apprenticeship Council. 33.10 The CONSULTANT shall comply with the Labor Code Sections l774 and l775. In accordance with said Section l775, the CONSULTANT shall forfeit, as a penalty, not more than two hundred dollars ($200.00) for each calendar day or portion thereof, for each worker paid less than the prevailing wage rates as determined by the Director of Industrial Relations, State of California, for such work or craft in which such worker is employed for any work done under the contract by the CONSULTANT, or by any subcontractor, in violation of the provisions of the Labor Code, and, in particular, Labor Code Sections l770 to l780 inclusive. In addition to said penalty, and pursuant to said Section l775, the difference between such stipulated 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 stipulated prevailing wage rate, shall be paid to each worker by the CONSULTANT. 33.11 Eight hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty, Twenty-Five Dollars ($25.00) for each worker employed in the execution of the contract by the CONSULTANT or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of the Labor Code and, in particular, Sections 1810 to 1814 thereof, inclusive, except that work performed by employees of the CONSULTANT in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than one-and-one-half (1-1/2) times the basic rate of pay, as provided in Section 1815 of the Labor Code. 33.12 In accordance with Section l776 of the Labor Code: 33.12.1 The CONSULTANT and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, ethnic code, 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 said CONSULTANT or subcontractor in connection with the work. 33.12.2 The payroll records enumerated in Section 33.12.1 shall be certified, and shall be available for inspection at all reasonable hours at the principal office of the CONSULTANT on the following basis: 33.12.2.1 A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request. 33.12.2.2 A certified copy of all payroll records enumerated in Section 33.12.1 shall be forwarded weekly to the Contract Compliance Officer via the Inspector at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, Hayward, CA 94545, and shall be made available for inspection or furnished upon request to a representative of the DISTRICT, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations, State of California. 33.12.2.3 A certified copy of all payroll records enumerated in Section 33.12.1 shall be made available upon request to the public for inspection or copies thereof made; provided, however, that a request by the public shall be made through either the DISTRICT, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. The public shall not be given access to such records at the principal office of the CONSULTANT. 33.12.2.4 This provision applies to all classifications, including truckers. If the Prime Consultant is not a County Certified SLEB, the consultant shall be required to utilize the Elation compliance system for submittal of certified payrolls to the Department of Industrial Relations. 33.12.3 The CONSULTANT shall file a certified copy of the records enumerated in Section 33.12.1 with the entity that requested such records within ten (10) days after receipt of a written request. 33.12.4 Any copy of records made available for inspection as copies and furnished upon request to the public or to any public agency by the DISTRICT, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, shall be marked or obliterated in such a manner so as to prevent disclosure of an individual's name, address and social security number. The name and address of the CONSULTANT awarded the contract or performing the contract shall not be marked or obliterated. 33.12.5 The CONSULTANT shall inform the DISTRICT of the location of the records enumerated under Section 33.12.1 including the street address, city and county, and shall, within five (5) working days, provide a notice of any change of location and/or address. 33.12.6 In the event of noncompliance with the requirements of said Section l776 of the Labor Code, the CONSULTANT shall have ten (10) calendar days in which to comply subsequent to receipt of written notice specifying in what respects such CONSULTANT must comply with said Section. Should noncompliance still be evident after such ten-day period, the CONSULTANT shall, as a penalty, forfeit one hundred dollars ($100.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. 33.12.7 The responsibility for compliance with Section l776 of the Labor Code section 1771.4shall be a responsibility of the CONSULTANT. 33.13 Requests for information relating to labor compliance records, including certified payroll records enumerated in Section 33.12, shall be made through the Contract Compliance Officer at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, Room 100, Hayward, CA 94545. 33.14 Failure to file certified copies of the records enumerated in Section 33.12.1 with DISTRICT representatives may result in conditioning amounts of any progress payment due. 33.15 The CONSULTANT assures that he/she/it will comply with the Americans with Disabilities Act (ADA) and Title VII of the Civil Rights Act of 1964 and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran's status, political affiliation, or any other non-merit factor, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this contract. 33.15.1 The CONSULTANT shall, in all solicitations or advertisements for applicants for employment placed as a result of this contract, state that it is an “Equal Opportunity Employer” or that all qualified applicants will receive consideration for employment without regard to their race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran's status, political affiliation, or any other non- merit factor. 33.15.2 CONSULTANT shall, if requested to so do by the DISTRICT, certify that it has not, in the performance of this contract, discriminated against applicants or employees because of their race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran’s status, political affiliation, or any other non-merit factor. 33.15.3 If requested to do so by the DISTRICT, CONSULTANT shall provide the DISTRICT with access to copies of all of its records pertaining or relating to its employment practices, except to the requirements that extent such records or portions of such records are exempted by the Labor Commissioner for the projectconfidential or privileged under state or federal law. 44.6 Unless otherwise provided 33.15.4 CONSULTANT shall recruit vigorously and encourage minority-and women-owned businesses to bid its subcontracts. 33.15.5 Nothing contained in this Agreement, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Services, whether temporary or permanent and whether or not incorporated or to be incorporated in the work. Materials, articles, and equipment furnished by the Contractor for incorporation into the work contract shall be new unless otherwise specified construed in any manner so as to require or permit any act which is prohibited by law. 33.15.6 The CONSULTANT shall include the Agreementprovisions set forth in Sections 33.15.1 through 33.15.5 in each of its subcontracts.

Labor Code Requirements. 44.1 With respect to the provisions of the Services, 44.1. The Contractor shall comply with all applicable provisions of the California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 - 5, including, without limitation, the payment of the general prevailing per diem wage rates for public work projects of more than one thousand dollars ($1,000). Copies of the prevailing rate of per diem wages are on file with the Judicial Council. In addition, the Contractor and each subcontractor shall comply with Chapter 1 of Division 2, Part 7 of the California Labor Code, beginning with section 1720, and including section 1735 forbidding discrimination, section 1776 pertaining to payroll records, and sections 1777.5 and 1777.6 concerning the employment of apprentices by Contractor or subcontractors. Willful failure to comply may result in penalties, including loss of the right to bid on or receive public works contracts. 44.2 44.2. The Contractor and all subcontractors shall pay all workers on work performed pursuant to this Agreement not less than the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work as determined by the Director of the Department of Industrial Relations, State of California, for the type of work performed and the locality in which the work is to be performed, pursuant to sections 1770 et seq. of the California Labor Code. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Agreement, as determined by Director of the State of California Department of Industrial Relations, are on file at the Judicial Council's principal office. Prevailing wage rates are also available from the Judicial Council or on the internet at (http: //www. ▇▇▇.▇▇.▇▇▇). 44.3 44.3. Contractor shall comply with the registration and compliance monitoring provisions of Labor Code section 1771.4, including furnishing its certified payroll records to the Labor Commissioner of California and complying with any applicable enforcement by the Department of Industrial Relations. Labor Code section 1771.1(a) states the following: “A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by section 7029.1 of the Business and Professions Code or by section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.” 44.4 44.4. Contractor shall, and shall ensure that all “subcontractors” (as defined by Labor Code section 1722.1), comply with Labor Code section 1725.5, including without limitation the registration requirements with the Department of Industrial Relations that are set forth in Labor Code section 1725.5. Contractor represents to the Judicial Council that all “subcontractors” (as defined by Labor Code section 1722.1) are registered pursuant to Labor Code section 1725.5. Contractor shall not permit any Subcontractor to perform any Services, without first verifying the Subcontractor is properly registered with the Department of Industrial Relations as required by law, and providing this information in writing to the Judicial Council. Contractor acknowledges that, for purposes of Labor Code section 1725.5, this work is a public work to which Labor Code section 1771 applies. 44.5 The Project and the Maintenance Services are 44.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor shall post job site notices, as prescribed by regulation. Contractor shall comply with all requirements of Labor Code section 1771.4, except the requirements that are exempted by the Labor Commissioner for the project. 44.6 44.6. Unless otherwise provided in this Agreement, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Serviceswork, whether temporary or permanent and whether or not incorporated or to be incorporated in the work. Materials, articles, and equipment furnished by the Contractor for incorporation into the work shall be new unless otherwise specified in the Agreement.

Labor Code Requirements. 44.1 With respect to the provisions of the Services, 42.1. The Contractor shall comply with all applicable provisions of the California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 - 5, including, without limitation, the payment of the general prevailing per diem wage rates for public work projects of more than one thousand dollars ($1,000). Copies of the prevailing rate of per diem wages are on file with the Judicial Council. In addition, the Contractor and each subcontractor shall comply with Chapter 1 of Division 2, Part 7 of the California Labor Code, beginning with section 1720, and including section 1735 forbidding discrimination, section 1776 pertaining to payroll records, and sections 1777.5 and 1777.6 concerning the employment of apprentices by Contractor or subcontractors. Willful failure to comply may result in penalties, including loss of the right to bid on or receive public works contracts. 44.2 42.2. The Contractor and all subcontractors shall pay all workers on work performed pursuant to this Agreement not less than the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work as determined by the Director of the Department of Industrial Relations, State of California, for the type of work performed and the locality in which the work is to be performed, pursuant to sections 1770 et seq. of the California Labor Code. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Agreement, as determined by Director of the State of California Department of Industrial Relations, are on file at the Judicial Council's principal office. Prevailing wage rates are also available from the Judicial Council or on the internet at (http: //www. ▇▇▇.▇▇.▇▇▇). 44.3 42.3. Contractor shall comply with the registration and compliance monitoring provisions of Labor Code section 1771.4, including furnishing its certified payroll records to the Labor Commissioner of California and complying with any applicable enforcement by the Department of Industrial Relations. Labor Code section 1771.1(a) states the following: “A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by section 7029.1 of the Business and Professions Code or by section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.” 44.4 42.4. Contractor shall, and shall ensure that all “subcontractors” (as defined by Labor Code section 1722.1), comply with Labor Code section 1725.5, including without limitation the registration requirements with the Department of Industrial Relations that are set forth in Labor Code section 1725.5. Contractor represents to the Judicial Council that all “subcontractors” (as defined by Labor Code section 1722.1) are registered pursuant to Labor Code section 1725.5. Contractor shall not permit any Subcontractor to perform any Services, without first verifying the Subcontractor is properly registered with the Department of Industrial Relations as required by law, and providing this information in writing to the Judicial Council. Contractor acknowledges that, for purposes of Labor Code section 1725.5, this work is a public work to which Labor Code section 1771 applies. 44.5 The Project and the Maintenance Services are 42.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor shall post job site notices, as prescribed by regulation. Contractor shall comply with all requirements of Labor Code section 1771.4, except the requirements that are exempted by the Labor Commissioner for the project. 44.6 42.6. Unless otherwise provided in this Agreement, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Serviceswork, whether temporary or permanent and whether or not incorporated or to be incorporated in the work. Materials, articles, and equipment furnished by the Contractor for incorporation into the work shall be new unless otherwise specified in the Agreement.

Labor Code Requirements. 44.1 With respect 33.1 The Consultant shall adhere to the provisions of the Services, Contractor shall comply with all applicable appropriate provisions of the California Labor Code, Code in particular with Division 2, Part 7, Chapter 1, Articles 1 - 51-3. Any approvals, includingby the District, without limitation, will not relieve the payment Consultant from the observation and/or adherence to the provisions of the California Labor Code. 33.2 The Consultant and any subcontractor shall pay not less than the specified general prevailing rates of wages to all workers employed in the execution of the contract. General Prevailing rates of per diem wages shall be those general wage rates determinations made by the Director of the Department of Industrial Relations, State of California, for public work projects each craft, classification or type of more than one thousand dollars ($1,000). worker required in the execution of the contract.‌‌ 33.3 Copies of the prevailing rate of per diem wages are on file with the Judicial Council. In additionContract Compliance Officer, County of Alameda, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, Room 100, Hayward, CA 94545. 33.4 The Consultant shall post, on the Contractor and each subcontractor shall comply with Chapter 1 of Division 2job site, Part 7 a copy of the California Labor Code, beginning with section 1720, and including section 1735 forbidding discrimination, section 1776 pertaining to payroll records, and sections 1777.5 and 1777.6 concerning the employment of apprentices by Contractor or subcontractors. Willful failure to comply may result in penalties, including loss of the right to bid on or receive public works contracts. 44.2 The Contractor and all subcontractors shall pay all workers on work performed pursuant to this Agreement not less than the general prevailing rate rates of per diem wages and the general prevailing rate for holiday and overtime work as determined by the Director of the Department of Industrial Relations, State of California, for the each craft, classification or type of work performed worker needed to execute the contract. 33.5 Premium pay for Saturdays, Sundays, holidays and overtime shall be as determined by the locality in which the work is to be performed, pursuant to sections 1770 et seq. Director of the Department of Industrial Relations, State of California Labor Codefor each craft, classification or type of worker required in the execution of the contract. Copies of Holidays for which the general prevailing rates hourly wage rate for holiday work shall be paid, shall be all holidays recognized in the collective bargaining agreement on file with the Director of per diem wages for each the Department of Industrial Relations, State of California, applicable to the particular craft, classification, or type of worker needed to execute employed on the Agreementproject. 33.6 Health and welfare, pension, vacation/holiday, apprenticeship or other training programs and any other employer payments required in the execution of the contract shall be as determined by the Director of the State of California Department of Industrial Relations, are on file at State of California, for each craft, classification or type of worker required in the Judicial Council's principal office. Prevailing wage rates are also available from execution of the Judicial Council or on the internet at (http: //www. ▇▇▇.▇▇.▇▇▇)contract. 44.3 Contractor 33.7 Hours of work per day or week shall comply with be as determined by the registration and compliance monitoring provisions director of Labor Code section 1771.4, including furnishing its certified payroll records to the Labor Commissioner of California and complying with any applicable enforcement by the Department of Industrial Relations. Labor Code section 1771.1(a) states , State of California, for each craft, classification or type of worker required in the following: “A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of section 4104 execution of the Public Contract contract. Eight hours labor constitutes a legal day's work. 33.8 Pursuant to Section l773.8 of the Labor Code, or engage in travel and subsistence payments shall be made to each worker needed to execute the performance of any contract for public work, as such travel and subsistence payments are defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by section 7029.1 of the Business and Professions Code or by section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.” 44.4 Contractor shall, and shall ensure that all “subcontractors” (as defined by Labor Code section 1722.1), comply with Labor Code section 1725.5, including without limitation the registration requirements applicable collective bargaining agreements filed with the Department Director of Industrial Relations that are set forth in Labor Code section 1725.5. Contractor represents to the Judicial Council that all “subcontractors” (as defined by Labor Code section 1722.1) are registered pursuant to Labor Code section 1725.5. Contractor shall not permit any Subcontractor to perform any Services, without first verifying the Subcontractor is properly registered with the Department of Industrial Relations as required by law, and providing this information in writing to the Judicial Council. Contractor acknowledges that, for purposes of Labor Code section 1725.5, this work is a public work to which Labor Code section 1771 applies. 44.5 The Project and the Maintenance Services are subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor shall post job site notices, as prescribed by regulation. Contractor State of California. 33.9 The Consultant, or any subcontractor, shall comply with all provisions of Section l777.5 of the Labor Code pertaining to the employment of apprentices on public works projects. The responsibility for compliance with all the provisions of said Section l777.5 for apprenticeable occupations is vested with the Consultant. In the event the Consultant willfully fails to comply with Section l777.5, said Consultant shall be denied the right to bid on any public works contract for a period of up to one year for the first violation and up to three years for the second or subsequent violation with the period running from the date the determination of non-compliance is made. The interpretation and enforcement of Section l777.5 shall be in accordance with rules and procedures prescribed by the California Apprenticeship Council. 33.10 The Consultant shall comply with the Labor Code Sections l774 and l775. In accordance with said Section l775, the Consultant shall forfeit, as a penalty, not more than Fifty Dollars ($50.00) for each calendar day or portion thereof, for each worker paid less than the prevailing wage rates as determined by the Director of Industrial Relations, State of California, for such work or craft in which such worker is employed for any work done under the contract by the Consultant, or by any subcontractor, in violation of the provisions of the Labor Code, and, in particular, Labor Code Sections l770 to l780 inclusive. In addition to said penalty, and pursuant to said Section l775, the difference between such stipulated 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 stipulated prevailing wage rate, shall be paid to each worker by the Consultant. 33.11 Eight hours labor constitutes a legal day's work. The Consultant shall forfeit, as a penalty, Twenty-Five Dollars ($25.00) for each worker employed in the execution of the contract by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of the Labor Code and, in particular, Sections 1810 to 1814 thereof, inclusive, except that work performed by employees of the Consultant in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than one-and-one-half (1-1/2) times the basic rate of pay, as provided in Section 1815 of the Labor Code. 33.12 In accordance with Section l776 of the Labor Code: 33.12.1 The Consultant and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, ethnic code, 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 said Consultant or subcontractor in connection with the work.‌‌‌‌ 33.12.2 The payroll records enumerated in Section 33.12.1 shall be certified, and shall be available for inspection at all reasonable hours at the principal office of the Consultant on the following basis: 33.12.2.1 A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request. 33.12.2.2 A certified copy of all payroll records enumerated in Section 33.12.1 shall be forwarded weekly to the Contract Compliance Officer via the Inspector at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, Hayward, CA 94545, and shall be made available for inspection or furnished upon request to a representative of the District, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations, State of California. 33.12.2.3 A certified copy of all payroll records enumerated in Section 33.12.1 shall be made available upon request to the public for inspection or copies thereof made; provided, however, that a request by the public shall be made through either the District, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. The public shall not be given access to such records at the principal office of the Consultant. 33.12.3 The Consultant shall file a certified copy of the records enumerated in Section 33.12.1 with the entity that requested such records within ten (10) days after receipt of a written request. 33.12.4 Any copy of records made available for inspection as copies and furnished upon request to the public or to any public agency by the District, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, shall be marked or obliterated in such a manner so as to prevent disclosure of an individual's name, address and social security number. The name and address of the Consultant awarded the contract or performing the contract shall not be marked or obliterated. 33.12.5 The Consultant shall inform the District of the location of the records enumerated under Section 33.12.1 including the street address, city and county, and shall, within five (5) working days, provide a notice of any change of location and/or address. 33.12.6 In the event of noncompliance with the requirements of said Section l776 of the Labor Code, the Consultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice specifying in what respects such Consultant must comply with said Section. Should noncompliance still be evident after such ten-day period, the Consultant shall, as a penalty, forfeit Twenty-Five Dollars ($25.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. 33.12.7 The responsibility for compliance with Section l776 of the Labor Code section 1771.4shall be a responsibility of the Consultant. 33.13 A certified copy of all payroll records enumerated in the above Section 33.12 shall be sent weekly to the Contract Compliance Officer via the Inspector at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, Hayward, CA 94545. 33.13.1 Certified weekly payrolls shall show the wages and benefits paid to each employee, the employee's job classification, sex and ethnic code. Payrolls will be submitted by the Consultant and each subcontractor via the Consultant. 33.13.2 This provision applies to all classifications, including truckers. 33.14 Requests for information relating to labor compliance records, including certified payroll records enumerated in Section 33.12, shall be made through the Contract Compliance Officer at ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, Room 100, Hayward, CA 94545.‌‌ 33.15 Failure to file certified copies of the records enumerated in Section 33.12.1 with District representatives may result in conditioning amounts of any progress payment due. 33.16 The Consultant assures that he/she/it will comply with the Americans with Disabilities Act (ADA) and Title VII of the Civil Rights Act of 1964 and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran's status, political affiliation, or any other non-merit factor, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this contract. 33.16.1 The Consultant shall, in all solicitations or advertisements for applicants for employment placed as a result of this contract, state that it is an “Equal Opportunity Employer” or that all qualified applicants will receive consideration for employment without regard to their race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran's status, political affiliation, or any other non-merit factor. 33.16.2 Consultant shall, if requested to so do by the District, certify that it has not, in the performance of this contract, discriminated against applicants or employees because of their race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran’s status, political affiliation, or any other non-merit factor. 33.16.3 If requested to do so by the District, Consultant shall provide the District with access to copies of all of its records pertaining or relating to its employment practices, except to the requirements that extent such records or portions of such records are exempted by the Labor Commissioner for the projectconfidential or privileged under state or federal law. 44.6 Unless otherwise provided 33.16.4 Consultant shall recruit vigorously and encourage minority- and women-owned businesses to bid its subcontracts. 33.16.5 Nothing contained in this Agreement, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Services, whether temporary or permanent and whether or not incorporated or to be incorporated in the work. Materials, articles, and equipment furnished by the Contractor for incorporation into the work contract shall be new unless otherwise specified construed in any manner so as to require or permit any act which is prohibited by law. 33.16.6 The Consultant shall include the Agreementprovisions set forth in Sections 33.16.1 through 33.16.5 in each of its subcontracts.