Common use of Prevailing Wage Clause in Contracts

Prevailing Wage. Contractor certifies that it is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services hereunder are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with and to require its subcontractors to fully comply with such Prevailing Wage Laws, to the extent that such laws apply. If applicable, County will maintain the general prevailing rate of per diem wages and other information set forth in Labor Code section 1773 at its principal office and will make this information available to any interested party upon request. Contractor shall defend, indemnify, and hold the County, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure of the Contractor or its subcontractors to comply with the Prevailing Wage Laws. Without limiting the generality of the foregoing, Contractor specifically acknowledges that County has not affirmatively represented to contractor in writing, in the call for bids, or otherwise, that the work to be covered by the bid or contract was not a “public work.” To the fullest extent permitted by law, Contractor hereby specifically waives and agrees not to assert, in any manner, any past, present, or future claim for indemnification under Labor Code section 1781. Contractor acknowledges the requirements of Labor Code sections 1725.5 and 1771.1 which provide that no contractor or subcontractor may be listed on a bid proposal or be awarded a contract for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, with exceptions from this requirement specified under Labor Code sections 1725.5(f), 1771.1(a) and 1771.1(n). If the services are being performed as part of the applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Contractor acknowledges that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Prevailing Wage. Contractor certifies that it The Work under this Agreement and any Change Orders is aware a public works project (see definition of public works, Labor Code section 1720 et seq.) and must be performed in accordance with the requirements of California Labor Code Sections sections 1720 et seq. to 1815 and 1770 et seq., as well as Title 8 California Code of Regulations, Title 8, Section Regulations sections 16000 et seq. (“Prevailing Wage Laws”)to 17270, which require govern the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” works projects. If the Services hereunder are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with and to require its subcontractors to fully comply with such Prevailing Wage Laws, to the extent that such laws apply. If applicable, County will maintain the general prevailing rate of per diem wages and other information set forth in Labor Code section 1773 at its principal office and will make this information available to any interested party upon request. Contractor shall defend, indemnify, and hold the County, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure of the Contractor or its subcontractors to comply with the Prevailing Wage Laws. Without limiting the generality of the foregoing, Contractor specifically acknowledges that County has not affirmatively represented to contractor in writing, in the call for bids, or otherwise, that the work to be covered by the bid or contract was not a “public work.” To the fullest extent permitted by law, Contractor hereby specifically waives and agrees not to assert, in any manner, any past, present, or future claim for indemnification under Labor Code section 1781. Contractor acknowledges the requirements of Labor Code sections 1725.5 and 1771.1 which provide that no contractor or subcontractor may be listed on a bid proposal or be awarded a contract for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, with exceptions from this requirement specified under Labor Code sections 1725.5(f), 1771.1(a) and 1771.1(n). If the services are being performed as part of the applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Contractor acknowledges that this project This Project is subject to compliance monitoring and enforcement by the Department of Industrial RelationsRelations (DIR). Licensee and all subcontractors must comply with all applicable laws and regulations, and perform all obligations required by the DIR pursuant to such authority. The prevailing wage rates set forth are the minimum that must be paid by the Licensee on a public works contract. Nothing herein contained shall be construed as preventing the Licensee from paying more than the minimum rates set forth. If a worker employed by a subcontractor on a public works project is not paid the general prevailing per diem wages by the subcontractor, the Licensee is liable for any penalties under section 1775(a), if the Licensee fails to comply with the requirements of section 1775(b). Licensee shall periodically review and monitor all subcontractors’ certified payroll records. If Licensee learns that any subcontractor has failed to comply with the prevailing wage requirements herein, Licensee shall take corrective action. Licensee represents and warrants that the Contract Amount includes sufficient funds to allow Licensee and all subcontractors to comply with all applicable laws and contractual agreements. Licensee shall defend, indemnify and hold the Trustees of the California State University, the University, its officers, employees and agents harmless from and against any and all claims, demands, losses, liabilities, and damages arising out of or relating to the failure of Licensee or any subcontractor to comply with any applicable law in this regard, including, but not limited to, Labor Code section 2810. Licensee agrees to pay any and all assessments, including wages, penalties and liquidated damages (those liquidated damages pursuant to Labor Code section 1742.1) made against the Trustees in relation to such failure.

Prevailing Wage. All Services rendered pursuant to this agreement must be provided in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of City and any Federal, State, or local governmental agency of competent jurisdiction. Contractor certifies that it is aware of the requirements of California Labor Code Sections 1720 1720, et seq. ., and 1770 1770, et seq., as well as of California Code of Regulations, Title 8, Section 16000 Sections 1600, et seq. ., (collectively, the “Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public Public works” and “maintenanceMaintenance” projects. If the Services hereunder are being performed as part of an applicable “public Public works” or “maintenanceMaintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is ONE THOUSAND DOLLARS ($1,000 1,000) or more, Contractor agrees to fully comply with and to require its subcontractors to fully comply with such Prevailing Wage Laws, to the extent that such laws apply. If applicable, County will maintain the general prevailing rate of per diem wages and other information set forth in Labor Code section 1773 at its principal office and will make this information available to any interested party upon request. Contractor shall defend, indemnify, and hold the County, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure of the Contractor or its subcontractors to comply with the Prevailing Wage LawsLaws including, but not limited to, requirements related to the maintenance of payroll records and the employment of apprentices. Without limiting the generality of the foregoing, Contractor specifically acknowledges that County has not affirmatively represented Pursuant to contractor in writing, in the call for bids, or otherwise, that the work to be covered by the bid or contract was not a “public work.” To the fullest extent permitted by law, Contractor hereby specifically waives and agrees not to assert, in any manner, any past, present, or future claim for indemnification under California Labor Code section 1781. Contractor acknowledges the requirements of Labor Code sections 1725.5 and 1771.1 which provide that Section 1725.5, no contractor or subcontractor may be listed on a bid proposal or be awarded a contract for public work on a public works “Public works” project unless registered with the California Department of Industrial Relations pursuant to Labor Code section 1725.5, with exceptions from this requirement specified under Labor Code sections 1725.5(f), 1771.1(a(“DIR”) and 1771.1(n)at the time the contract is awarded. If the services Services are being performed as part of the an applicable “public Public works” or “maintenanceMaintenance” project, as defined by the Prevailing Wage Laws, Contractor acknowledges that this project is subject to compliance monitoring and enforcement by the California Department of Industrial RelationsRelations (“DIR”). Contractor will maintain and will require all subcontractors to maintain valid and current DIR Public Works Contractor registration during the term of this Agreement. Contractor must notify City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contractor’s or any of its subcontractor’s DIR registration status has been suspended, revoked, expired, or otherwise changed. It is understood that it is the responsibility of Contractor to determine the correct salary scale. Contractor will make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request, and post copies at Contractor’s principal place of business and at the project site, if any. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contractor must forfeit to City TWENTY FIVE DOLLARS ($25.00) per day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day. Contractor must also comply with State law requirements to maintain payroll records and must provide for certified records and inspection of records as required by California Labor Code Section 1770 et seq., including Section 1776. Contractor will defend (with counsel selected by City), indemnify, and hold City, its elected 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 Prevailing Wage Laws. It is agreed by the parties that, in connection with performance of the Services, including, without limitation, any and all “Public works” (as defined by the Prevailing Wage Laws), Contractor will bear all risks of payment or non- payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Contractor acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Contractor will require the same of all subcontractors.

Prevailing Wage. Contractor certifies that it is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services hereunder are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with and to require its subcontractors to fully comply with such Prevailing Wage Laws, to the extent that such laws apply. If applicable, County will maintain the general prevailing rate of per diem wages and other information set forth in Labor Code section 1773 at its principal office office, and will make this information available to any interested party upon request. Contractor shall defend, indemnify, indemnify and hold the County, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure of the Contractor or its subcontractors to comply with the Prevailing Wage Laws. Without limiting the generality of the foregoing, Contractor specifically acknowledges that County has not affirmatively represented to contractor in writing, in the call for bids, or otherwise, that the work to be covered by the bid or contract was not a “public work.” To the fullest extent permitted by law, Contractor hereby specifically waives and agrees not to assert, in any manner, any past, present, or future claim for indemnification under Labor Code section 1781. Contractor acknowledges the requirements of Labor Code sections 1725.5 and 1771.1 which provide that no contractor or subcontractor may be listed on a bid proposal or be awarded a contract for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, with exceptions from this requirement specified under Labor Code sections 1725.5(f), 1771.1(a) and 1771.1(n). If the services are being performed as part of the applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Contractor acknowledges that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Prevailing Wage. Contractor certifies that it is aware Tenant shall, in connection with the labor associated with any tenant improvements or Alterations under this Lease, comply with all prevailing wage laws in the State of Washington, as set forth in R.C.W. 39.12 as amended, and the rules and regulations of the requirements Department of California Labor Code Sections 1720 et seqand Industries. The wage rates to be paid all laborers, workers and 1770 et seq.mechanics that perform any part of the work on any tenant improvements or Alterations shall meet or exceed the prevailing wage rates as required by Chapter 39.12 of the R.C.W., as well amended. This requirement applies to laborers, workers and mechanics whether they are employed by Tenant, Contractors, Subcontractors, Sub-subcontractors, or any other person who performs a portion of the work on any tenant improvements or Alterations. 6.5.1 The rules and regulations of the Department of Labor and Industries and the schedule of prevailing wage rates for the locality or localities where any work under this Lease will be performed as California Code determined by the Industrial Statistician of Regulationsthe Department of Labor and Industries, Title 8are by this reference made a part of this Lease as though fully set forth herein. The W.A.C. Chapter 296-127 relating to prevailing wage can be found at: ▇▇▇▇://▇▇▇▇.▇▇▇.▇▇.▇▇▇/wac/default.aspx?cite=296-127. In any contracts for tenant improvements or Alterations approved by the Port, Section 16000 et seq. (“Prevailing Wage Laws”), which Tenant’s contract with any general contractor and/or sub-contractor shall require the payment of the local prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services hereunder are being performed as part of an applicable “public works” or “maintenance” projectwage. 6.5.2 In connection with this Lease, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees Tenant will be required to fully comply with and to require its subcontractors to fully comply with such Prevailing Wage Laws, submit to the extent that such laws applyPort “Statements of Intent to Pay Prevailing Wages” for its employees, contractors and subcontractors at all tiers prior to commencing work. If applicable, County will maintain The Statements of Intent require the general approval of the industrial statistician of the Department of Labor and Industries — which shall include the contractor’s registration certificate number; the prevailing rate of per diem wage for each classification of workers entitled to prevailing wages under R.C.W. 39.12.020; and other information set forth the estimated number of workers in Labor Code section 1773 at its principal office and will make this information available each classification. Tenant shall ensure that each Statement of Intent to any interested party upon request. Contractor shall defend, indemnify, and hold Pay Prevailing Wages that is submitted to the County, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure of the Contractor or its subcontractors to comply with the Prevailing Wage Laws. Without limiting the generality of the foregoing, Contractor specifically acknowledges that County Port has not affirmatively represented to contractor in writing, in the call for bids, or otherwise, that the work to be covered been approved by the bid or contract was not a “public work.” To the fullest extent permitted by law, Contractor hereby specifically waives and agrees not to assert, in any manner, any past, present, or future claim for indemnification under Labor Code section 1781. Contractor acknowledges the requirements industrial statistician of Labor Code sections 1725.5 and 1771.1 which provide that no contractor or subcontractor may be listed on a bid proposal or be awarded a contract for a public works project unless registered with the Department of Industrial Relations pursuant Labor and Industries before said statement is submitted to Labor Code section 1725.5, the Port. Such Statements of Intent shall be filed in accordance with exceptions from this requirement specified under Labor Code sections 1725.5(f), 1771.1(a) the practices and 1771.1(n). If the services are being performed as part of the applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Contractor acknowledges that this project is subject to compliance monitoring and enforcement procedures required by the Department of Industrial RelationsLabor and Industries. 6.5.3 Tenant will further be required to submit to the Port “Affidavits of Wages Paid” for its employees, contractors and subcontractors at all tiers. The Affidavits of Wages Paid require the certification of the industrial statistician of the Department of Labor and Industries — which shall include the contractor’s registration certificate number; the prevailing rate of wage for each classification of workers entitled to prevailing wages under R.C.W. 39.12.020; and the estimated number of workers in each classification. Tenant shall ensure that each Affidavit of Wages Paid that is submitted to the Port has been certified by the industrial statistician of the Department of Labor and Industries before said Affidavit is submitted to the Port. Such Affidavits of Wages Paid shall be filed in accordance with the practices and procedures required by the Department of Labor and Industries.

Prevailing Wage. Contractor certifies that it is aware In accordance with New York State Labor Law § 224-d (2), and unless otherwise provided in a PLA covering the construction of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services hereunder are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply Bid Facility that complies with and to require its subcontractors to fully comply with such Prevailing Wage Laws, to the extent that such laws apply. If applicable, County will maintain the general prevailing rate of per diem wages and other information set forth in Labor Code section 1773 at its principal office and will make this information available to any interested party upon request. Contractor shall defend, indemnify, and hold the County, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure of the Contractor or its subcontractors to comply with the Prevailing Wage Laws. Without limiting the generality of the foregoing, Contractor specifically acknowledges that County has not affirmatively represented to contractor in writing, in the call for bids, or otherwise, that the work to be covered by the bid or contract was not a “public work.” To the fullest extent permitted by law, Contractor hereby specifically waives and agrees not to assert, in any manner, any past, present, or future claim for indemnification under Labor Code section 1781. Contractor acknowledges the requirements of Labor Code sections 1725.5 Law § 222, all laborers, workmen and 1771.1 which provide that no contractor mechanics, within the meaning of NYS Labor Law Article 8, performing Construction Activities during the Construction Period with respect to the Bid Facility [and the Energy Storage Component, if applicable], including, but not limited to, the staging, installation, erection and placement of Bid Facility and its electrical interconnection as well as start-up and commissioning of the Bid Facility, whether through long-term or subcontractor may short-term employment, must be listed on a bid proposal paid at least the Prevailing Wage applicable in the area where the Bid Facility will be situated, erected and used, in accordance with New York State Labor Law § 220 and as published by the New York State Department of Labor (DOL)9 or be awarded a contract for a public works project unless registered at least the equivalent Prevailing Wage requirements of the jurisdiction where the Bid Facility is located. This requirement applies: (1) to all laborers, workmen and mechanics performing Construction Activities, whether direct employees of the Seller or of Seller’s subcontractor(s), and (2) regardless of whether or not such employment was claimed as an Economic Benefit in its Bid Proposal. No less than six months prior to the start of Construction Activities, Seller must notify NYSERDA of its intent to commence Construction Activities, and in cooperation with the New York State Department of Industrial Relations pursuant Labor, generate a prevailing wage determination for the construction of the Bid Facility, as will be updated from time to time. Unless relieved of such requirements by entering into a duly executed PLA in accordance with Section 18.12 of this Agreement and Labor Code section 1725.5Law § 222, Seller will be responsible for complying with exceptions from all prevailing wage requirements (including but not limited to reporting requirements) under New York State Labor Law §§ 220, 220-b, and 224-d. Should NYSERDA determine that Seller has failed to pay at least the Prevailing Wage in accordance with this requirement specified under Labor Code sections 1725.5(f)Section 18.10, 1771.1(a) and 1771.1(n)NYSERDA will notify Seller in writing. If the services are being performed as part Seller fails to cure such failure within six months of the applicable “public works” or “maintenance” projectdate of notification, as defined NYSERDA may suspend payments to the Seller until any such failure is cured. During the term of any such suspension of payment under this Section 18.10, Seller shall Transfer Tier-1 RECs to NYSERDA in accordance with this Agreement and the price paid by NYSERDA for each such Tier-1 REC shall be zero dollars until the Prevailing Wage Lawsfailure is cured. The total cure period will be 12 months from the date of notification, Contractor acknowledges that after which time the Seller’s failure to cure shall be considered an Event of Default pursuant to Section 13.01(i) of this project is subject to compliance monitoring and enforcement by the Department of Industrial RelationsAgreement.

Prevailing Wage. Contractor certifies To the extent that it is aware the work or services to be performed under this Agreement may be considered a “public work” pursuant and subject to Labor Code section 1720 et seq., Consultant (and any subconsultant performing the work or services) shall conform to any and all prevailing wage requirements applicable to such work/and or services under this Agreement. Consultant (and any subconsultant) shall adhere to the prevailing wage determinations made by the Director of the requirements of Industrial Relations (DIR) pursuant to California Labor Code Sections Part 7, Chapter 1, Article 2, applicable to the work, if any. All workers employed in the execution of a public works contract (as such term is defined California Labor Code section 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”section 1782(d)(1), which require ) must be paid not less than the payment of specified prevailing wage rates for the type of work performed. Reference: California Labor Code sections 1720, 1774 and the performance of other requirements on certain “public works” and “maintenance” projects1782. If the Services hereunder are being performed as part of an applicable “public works” or “maintenance” project, as defined Consultant agrees to be bound by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with and to require its subcontractors to fully comply with such Prevailing Wage Laws, prevailing wage requirements to the extent that such laws apply. applicable to the scope of work and services under this Agreement, including, but not limited to, the following: a. If applicablea worker is paid less than the applicable prevailing wage rate owed for a calendar day (or any portion thereof), County will maintain Consultant shall pay the general worker the difference between the prevailing wage rate of per diem wages and other information set forth the amount actually paid for each calendar day (or portion thereof) for which the worker(s) was paid less than the prevailing wage rate, as specified in Labor Code section 1773 1775; b. Consultant shall maintain and make available payroll and worker records in accordance with Labor Code sections 1776 and 1812; c. If Consultant employs (and/or is legally required to employ) apprentices in performing the work and/or services under this Agreement, Consultant shall ensure compliance with Labor Code section 1777.5; d. Consultant is aware of the limitations imposed on overtime work by Labor Code sections 1810 et seq. and shall be responsible for any penalties levied in accordance with Labor Code section 1813 for failing to pay required overtime wages; e. Consultant shall post a copy of the applicable wage rates at its principal office and will make this information each jobsite at a location readily available to its workers. Any failure of Consultant and/or its subconsultant to comply with the above requirements relating to a public work project shall constitute a breach of this Agreement that excuses the City’s performance of this Agreement at the City’s sole and absolute option, and shall be at the sole risk of Consultant. Consultant on behalf of itself, any interested party upon request. Contractor shall defendsubconsultant, agree to indemnify, defend and hold harmless the County, City and its elected officials, officers, employees employees, and agents free from and harmless from against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, or interest arising out of any kind or nature, arising from or relating to any failure (or alleged failure failure) of the Contractor Consultant and any subconsultant to pay prevailing wages or its subcontractors to otherwise comply with the Prevailing Wage Laws. Without limiting the generality requirements of the foregoing, Contractor specifically acknowledges that County has not affirmatively represented prevailing wage law relating to contractor in writing, in the call for bids, or otherwise, that the work to be covered by the bid or contract was not a “public work.” To the fullest extent permitted by law, Contractor hereby specifically waives and agrees not to assert, in any manner, any past, present, or future claim for indemnification under Labor Code section 1781. Contractor acknowledges the requirements of Labor Code sections 1725.5 and 1771.1 which provide that no contractor or subcontractor may be listed on a bid proposal or be awarded a contract for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, with exceptions from this requirement specified under Labor Code sections 1725.5(f), 1771.1(a) and 1771.1(n). If the services are being performed as part of the applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Contractor acknowledges that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Prevailing Wage. Contractor certifies Unless UC notifies Supplier that it is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of Services are not subject to prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services hereunder are being performed as part of an applicable “public works” or “maintenance” projectrequirements, as defined by the Prevailing Wage LawsSupplier will comply, and if the total compensation is $1,000 or morewill ensure that all sub- suppliers comply, Contractor agrees with California prevailing wage provisions, including but not limited to fully comply with and to require its subcontractors to fully comply with such Prevailing Wage Laws, to the extent that such laws apply. If applicable, County will maintain the general prevailing rate of per diem wages and other information those set forth in Labor Code section 1773 sections 1770, 1771, 1771.1, 1772, 1773, 1773.1, 1774, 1775, 1776, 1777.5, and 1777.6. For purposes of the Agreement, the term “sub- supplier” means a person or firm, of all tiers, that has a contract with Supplier or with a sub-supplier to provide a portion of the Services. The term sub-supplier will not include suppliers, manufacturers, or distributors. Specifically, and not by way of limitation, if apprenticable occupations are involved in providing the Services, Supplier will be responsible for ensuring that Supplier and any sub-suppliers comply with Labor Code Section 1777.5. Supplier and sub-supplier may not provide the Services unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5 and 1771. 1. Notwithstanding the foregoing provisions, Supplier will be solely responsible for tracking and ensuring proper payment of prevailing wages regardless if Services are partially or wholly subject to prevailing wage requirements. In every instance, Supplier will pay not less than the UC Fair Wage (defined as $13 per hour as of 10/1/15, $14 per hour as of 10/1/16, and $15 per hour as of 10/1/17) for Services being performed at its principal office a UC Location (defined as any location owned or leased by UC). The California Department of Industrial Relations (DIR) has ascertained the general prevailing per diem wage rates in the locality in which the Services are to be provided for each craft, classification, or type of worker required to provide the Services. A copy of the general prevailing per diem wage rates will be on file at each UC Location’s procurement office, and will make this information be made available to any interested party upon request. Contractor shall defend, indemnify, and hold the County, its elected officials, officers, employees and agents free and harmless from Supplier will post at any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure job site: ▇. ▇▇▇▇▇▇ of the Contractor general prevailing per diem wage rates, and B. Any other notices required by DIR rule or its subcontractors to comply with the Prevailing Wage Lawsregulation. Without limiting the generality of the foregoingBy this reference, Contractor specifically acknowledges that County has not affirmatively represented to contractor in writing, in the call for bids, or otherwise, that the work to be covered by the bid or contract was not a “public work.” To the fullest extent permitted by law, Contractor hereby specifically waives and agrees not to assert, in any manner, any past, present, or future claim for indemnification under Labor Code section 1781. Contractor acknowledges the requirements of Labor Code sections 1725.5 and 1771.1 which provide that no contractor or subcontractor may be listed on a bid proposal or be awarded a contract for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, with exceptions from this requirement specified under Labor Code sections 1725.5(f), 1771.1(a) and 1771.1(n). If the services such notices are being performed as made part of the applicable “public works” or “maintenance” projectAgreement. Supplier will pay not less than the prevailing wage rates, as defined specified in the schedule and any amendments thereto, to all workers employed by Supplier in providing the Prevailing Wage Laws, Contractor acknowledges Services. Supplier will cause all subcontracts to include the provision that this project is all sub-suppliers will pay not less than the prevailing rates to all workers employed by such sub-suppliers in providing the Services. The Services are subject to compliance monitoring and enforcement by the Department DIR. Supplier will forfeit, as a penalty, not more than $200 for each calendar day or portion thereof for each worker that is paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any portion of Industrial Relationsthe Services provided by Supplier or any sub-supplier. The amount of this penalty will be determined pursuant to applicable law. Such forfeiture amounts may be deducted from the amounts due under the Agreement. If there are insufficient funds remaining in the amounts due under the Agreement, Supplier will be liable for any outstanding amount remaining due. Supplier will also pay to any worker who was paid less than the prevailing wage rate for the work or craft for which the worker was employed for any portion of the Services, for each day, or portion thereof, for which the worker was paid less than the specified prevailing per diem wage rate, an amount equal to the difference between the specified prevailing per diem wage rate and the amount which was paid to the worker. Review of any civil wage and penalty assessment will be made pursuant to California Labor Code section 1742.

Prevailing Wage. Contractor certifies To the extent that it is aware the work or services to be performed under this Agreement may be considered a “public work” (construction, alteration, demolition, or repair work) pursuant and subject to Labor Code section 1720 et seq., Consultant (and any subconsultant performing the work or services) shall conform to any and all prevailing wage requirements applicable to such work/and or services under this Agreement. Consultant (and any subconsultant) shall adhere to the prevailing wage determinations made by the Director of the requirements of Industrial Relations (DIR) pursuant to California Labor Code Sections Part 7, Chapter 1, Article 2, applicable to the work, if any. All workers employed in the execution of a public works contract (as such term is defined California Labor Code section 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”section 1782(d)(1), which require ) must be paid not less than the payment of specified prevailing wage rates for the type of work performed. (California Labor Code sections 1720, 1774 and 1782.) To the extent applicable to the scope of work and services under this Agreement, Consultant agrees to be bound by the prevailing wage requirements, including, but not limited to, the following: a. If a worker is paid less than the applicable prevailing wage rate owed for a calendar day (or any portion thereof), Consultant shall pay the worker the difference between the prevailing wage rate and the performance of other requirements on certain “public works” and “maintenance” projects. If amount actually paid for each calendar day (or portion thereof) for which the Services hereunder are being performed as part of an applicable “public works” or “maintenance” projectworker(s) was paid less than the prevailing wage rate, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with and to require its subcontractors to fully comply with such Prevailing Wage Laws, to the extent that such laws apply. If applicable, County will maintain the general prevailing rate of per diem wages and other information set forth specified in Labor Code section 1773 1775; b. Consultant shall maintain and make available payroll and worker records in accordance with Labor Code sections 1776 and 1812; c. If Consultant employs (and/or is legally required to employ) apprentices in performing the work and/or services under this Agreement, Consultant shall ensure compliance with Labor Code section 1777.5; d. Consultant is aware of the limitations imposed on overtime work by Labor Code sections 1810 et seq. and shall be responsible for any penalties levied in accordance with Labor Code section 1813 for failing to pay required overtime wages; e. Consultant shall post a copy of the applicable wage rates at its principal office and will make this information each jobsite at a location readily available to its workers. f. Any failure of Consultant and/or its subconsultant to comply with the above requirements relating to a public work project shall constitute a breach of this Agreement that excuses the City’s performance of this Agreement at the City’s sole and absolute option and shall be at the sole risk of Consultant. Consultant on behalf of itself, any interested party upon request. Contractor shall defendsubconsultant, agree to indemnify, defend and hold harmless the County, City and its elected officials, officers, employees employees, and agents free from and harmless from against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, or interest arising out of any kind or nature, arising from or relating to any failure (or alleged failure failure) of the Contractor Consultant and any subconsultant to pay prevailing wages or its subcontractors to otherwise comply with the Prevailing Wage Laws. Without limiting the generality requirements of the foregoing, Contractor specifically acknowledges that County has not affirmatively represented prevailing wage law relating to contractor in writing, in the call for bids, or otherwise, that the work to be covered by the bid or contract was not a “public work.” To g. Consultant acknowledges that it and/ any subconsultant may not engage in the fullest extent permitted by law, Contractor hereby specifically waives and agrees not to assert, in performance of any manner, any past, present, or future claim for indemnification under Labor Code section 1781. Contractor acknowledges the requirements of Labor Code sections 1725.5 and 1771.1 which provide that no contractor or subcontractor may be listed on a bid proposal or be awarded a contract for a public works project work, unless currently registered with the Department of Industrial Relations DIR and qualified to perform public work pursuant to Labor Code section 1725.5, 1725.5 [with limited exceptions from this requirement specified for bid purposes only under Labor Code sections 1725.5(fsection 1771.1(a), 1771.1(a) and 1771.1(n). If the services are being performed as part of the applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Contractor acknowledges that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations].

Prevailing Wage. Contractor certifies CONSULTANT acknowledges that it is aware of any work that qualifies as a “public work” within the requirements meaning of California Labor Code Sections section 1720 shall cause CONSULTANT, and its sub-consultants, to comply with the provisions of California Labor Code sections 1775 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services hereunder are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with and to require its subcontractors to fully comply with such Prevailing Wage Laws, to the extent that such laws apply. If When applicable, County will maintain copies of the general prevailing rate of per diem wages shall be on file at COUNTY’s Department of Public Health and other information set forth in Labor Code section 1773 at its principal office and will make this information available to CONSULTANT and any other interested party upon request. Contractor CONSULTANT shall defend, indemnify, and hold the County, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure post copies of the Contractor or its subcontractors prevailing wage rate of per diem wages at the Project site. CONSULTANT hereby acknowledges and stipulates to comply the following: CONSULTANT has reviewed and agrees to comply, when applicable, with the Prevailing Wage Laws. Without limiting the generality provisions of the foregoing, Contractor specifically acknowledges that County has not affirmatively represented to contractor in writing, in the call for bids, or otherwise, that the work to be covered by the bid or contract was not a “public work.” To the fullest extent permitted by law, Contractor hereby specifically waives and agrees not to assert, in any manner, any past, present, or future claim for indemnification under Labor Code section 1781. Contractor acknowledges 1776 regarding retention and inspection of payroll records and noncompliance penalties; and CONSULTANT has reviewed and agrees to comply, when applicable, with the requirements provisions of Labor Code sections 1725.5 section 1777.5 regarding employment of registered apprentices; and 1771.1 which provide that no contractor or subcontractor may be listed on a bid proposal or be awarded a contract for a public works project unless registered CONSULTANT has reviewed and agrees to comply, when applicable, with the provisions of Labor Code section 1810 regarding the legal day’s work; and CONSULTANT has reviewed and agrees to comply, when applicable, with the provisions of Labor Code section 1813 regarding forfeiture for violations of the maximum hours per day and per week provisions contained in the same chapter. CONSULTANT has reviewed and agrees to comply, when applicable, with any applicable provisions for those Projects subject to Department of Industrial Relations pursuant to Labor Code section 1725.5, (DIR) Monitoring and Enforcement of prevailing wages. COUNTY hereby notifies CONSULTANT that CONSULTANT is responsible for complying with exceptions from this requirement specified under Labor Code sections 1725.5(f), 1771.1(athe requirements of Senate Bill 854 (SB854) and 1771.1(n)regarding certified payroll record reporting. If Further information concerning the services are being performed as part requirements of SB854 is available on the applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Contractor acknowledges that this project is subject to compliance monitoring and enforcement by the Department of Industrial RelationsDIR website located at: ▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/Public-Works/PublicWorksEnforcement.html.

Prevailing Wage. Contractor certifies 22 21.1 CONSULTANT acknowledges that it is aware of any work that qualifies as a “public work” within the requirements 23 meaning of California Labor Code Sections section 1720 et seq. shall cause CONSULTANT, and 1770 its sub- 24 consultants, to comply with the provisions of California Labor Code sections 1775 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services hereunder are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with and to require its subcontractors to fully comply with such Prevailing Wage Laws, to the extent that such laws apply. If 25 21.2 When applicable, County will maintain copies of the general prevailing rate of per diem wages shall be on file at 26 COUNTY’s Department of Public Works and/or Clerk of the Board of Supervisors, and other information set forth in Labor Code section 1773 at its principal office and will make this information 27 available to any interested party upon request. Contractor CONSULTANT shall defend, indemnify, and hold the County, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure post copies of the Contractor or its subcontractors 28 prevailing wage rate of per diem wages at the Project site. 1 21.3 CONSULTANT hereby acknowledges and stipulates to the following: 2 21.3.1 CONSULTANT has reviewed and agrees to comply with the Prevailing Wage Laws. Without limiting provisions of Labor 3 Code section 1776 regarding retention and inspection of payroll records and 4 noncompliance penalties; and 5 21.3.2 CONSULTANT has reviewed and agrees to comply with the generality provisions of Labor 6 Code section 1777.5 regarding employment of registered apprentices; and 7 21.3.3 CONSULTANT has reviewed and agrees to comply with the provisions of Labor 8 Code section 1810 regarding the legal day’s work; and 9 21.3.4 CONSULTANT has reviewed and agrees to comply with the provisions of Labor 10 Code section 1813 regarding forfeiture for violations of the foregoing, Contractor specifically acknowledges that County has not affirmatively represented to contractor in writing, maximum hours per 11 day and per week provisions contained in the call for bids, or otherwise, that the work to be covered by the bid or contract was not a “public worksame chapter.” To the fullest extent permitted by law, Contractor hereby specifically waives 12 21.3.5 CONSULTANT has reviewed and agrees not to assert, in comply with any manner, any past, present, or future claim applicable provisions 13 for indemnification under Labor Code section 1781. Contractor acknowledges the requirements of Labor Code sections 1725.5 and 1771.1 which provide that no contractor or subcontractor may be listed on a bid proposal or be awarded a contract for a public works project unless registered with the those Projects subject to Department of Industrial Relations pursuant to Labor Code section 1725.5, (DIR) Monitoring 14 and Enforcement of prevailing wages. COUNTY hereby notifies CONSULTANT 15 that CONSULTANT is responsible for complying with exceptions from this requirement specified under Labor Code sections 1725.5(f), 1771.1(athe requirements of Senate 16 Bill 854 (SB854) and 1771.1(n)regarding certified payroll record reporting. If Further information 17 concerning the services are being performed as part requirements of SB854 is available on the applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Contractor acknowledges that this project is subject to compliance monitoring and enforcement by the Department of Industrial RelationsDIR website located at: 18 ▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/Public-Works/PublicWorksEnforcement.html.

Prevailing Wage. The Contractor certifies that it is aware of the requirements of California shall comply with Labor Code Sections 1720 et seq1774 and 1775. Pursuant to Section 1774, the Contractor and every subcontractor, regardless of tier, shall pay not less than the specified prevailing wage rates to all workers employed in the execution of the Contract. In accordance with Section 1775, the Contractor shall forfeit to the State up to $200 for each day, or portion thereof, for each worker paid less than the prevailing wage rates for the work or craft in which the worker is employed for any work executed under the Contract by the Contractor or by any subcontractor, regardless of tier, in violation of the provisions of the Labor Code; and, in particular, Labor Code Sections 1770 et seq.to 1780, as well as California Code of Regulationsinclusive. In addition to such forfeiture, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of difference between such stipulated prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services hereunder are being performed as part of an applicable “public works” amount paid to each worker for each day, or “maintenance” projectportion thereof, as defined shall be paid to each underpaid worker by the Prevailing Wage LawsContractor. This provision shall not apply to properly registered apprentices. .1 Pursuant to Labor Code, and if Section 1770, the total compensation is $1,000 or more, Contractor agrees to fully comply with and to require its subcontractors to fully comply with such Prevailing Wage Laws, to Director of the extent that such laws apply. If applicable, County will maintain Department of Industrial Relations has ascertained the general prevailing rate of per diem wages and other information a general prevailing rate for legal holiday and overtime work for each craft required for execution of the Contract. The Contractor shall obtain copies of the prevailing rate of per diem wages from the Department of Industrial Relations, Division of Labor Statistics & Research, PO Box 420603, San Francisco, CA 94142-0603, (415) 703- 4780; or wage rates may be accessed on the internet at ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/Public-Works/Prevailing-Wage.html.The Contractor is responsible to read, understand and comply with all the guidelines, including the fine print in the prevailing wage determinations; and shall post a copy of the prevailing wage rates, specific to the Project, at the Project site. .2 Wage rates set forth in Labor Code section 1773 at its principal office and are the minimum that may be paid by the Contractor. Nothing herein shall be construed as preventing the Contractor from paying more than the minimum rates set. No extra compensation will make this information available be allowed by the State due to any interested party upon request. Contractor shall defend, indemnify, and hold the County, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure inability of the Contractor to hire labor at minimum rates, nor for necessity for payment by the Contractor of subsistence, travel time, overtime, or its subcontractors other added compensations, all of which possibilities are elements to comply be considered and ascertained to the Contractor's own satisfaction in preparing the Bid Form .3 If it becomes necessary to employ crafts other than those listed in the General Prevailing Wage Rate booklet, the Contractor shall contact the Division of Labor Statistics and Research as noted above. The rates thus determined shall be applicable as minimum for the contract and incorporated in the bid. When the wage determination shows an expiration date (noted by a double asterisk**), to expire during the term of the contract, the Contractor must call or write the DIR to obtain the new rates and incorporate them in the bid to be applicable for the term of the contract. .4 The Contractor and each subcontractor, regardless of tier, shall keep an accurate payroll record showing the names, addresses, social security numbers, work classifications, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Contractor and/or subcontractor in connection with the Prevailing Wage LawsWork. Without limiting Payroll records shall be certified and shall be on forms provided by the generality Division of Labor Standards Enforcement, or shall contain the same information as those forms. The Contractor's and subcontractor's certified payroll records for each employee shall be submitted with each payment request, covering the period of the foregoing, Contractor specifically acknowledges that County has not affirmatively represented to contractor in writing, in the call for bids, or otherwise, that the work to be covered payment request unless requested otherwise by the bid or contract was not a “public work.” To the fullest extent permitted by law, Contractor hereby specifically waives and agrees not to assert, in any manner, any past, present, or future claim for indemnification under Labor Code section 1781. Contractor acknowledges the requirements Commissioner of Labor Code sections 1725.5 and 1771.1 which provide that no contractor or subcontractor may be listed on a bid proposal or be awarded a contract for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, with exceptions from this requirement specified under Labor Code sections 1725.5(f), 1771.1(aSection 1771.4(c)(2)(b) and 1771.1(n). If the services are being performed as part of the applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Contractor acknowledges that this project is subject monthly payrolls should be sent directly to compliance monitoring and enforcement by the Department of Industrial RelationsRelations in the current prescribed electronic format. Refer to ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/public- works/certified-payroll-reporting.html for access to the electronic Certified Payroll (eCRP)

Prevailing Wage. Contractor certifies that it is aware of the requirements of ‌ 6.8.1 Tenant acknowledges and agrees that: (a) Any construction, alteration, demolition, installation or repair work required or performed under this Lease constitutes "public work" under California Prevailing Wage Law, including Labor Code Sections §§ 1720 et seq. and 1770 et seq.through 1861, as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”"PWL"), which require and obligates Tenant to cause such work to be performed as "public work," including, but not limited to, the payment of applicable prevailing wages to all Persons subject to the PWL. (b) Tenant shall cause all Persons performing “public work” under the Lease to comply with all applicable provisions of the PWL and other applicable wage rates Laws. (c) Landlord hereby notifies Tenant and Tenant hereby acknowledges that the PWL includes, without limitation, Labor Code § 1771.1(b) that provides that the following requirements described in Labor Code § 1771.1 (a) shall be included in all bid invitations and “public work” contracts: “A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of § 4104 of the Public Contract Code, or engage in the performance of other requirements on certain “public works” and “maintenance” projects. If the Services hereunder are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with and to require its subcontractors to fully comply with such Prevailing Wage Laws, to the extent that such laws apply. If applicable, County will maintain the general prevailing rate of per diem wages and other information set forth in Labor Code section 1773 at its principal office and will make this information available to any interested party upon request. Contractor shall defend, indemnify, and hold the County, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure of the Contractor or its subcontractors to comply with the Prevailing Wage Laws. Without limiting the generality of the foregoing, Contractor specifically acknowledges that County has not affirmatively represented to contractor in writing, in the call contract for bids, or otherwise, that the work to be covered by the bid or contract was not a “public work.,” To the fullest extent permitted by lawas defined in this chapter, Contractor hereby specifically waives unless it is currently registered and agrees qualified to perform “public work” pursuant to Section 1725.5. It is not a violation of this Section for an unregistered contractor to assert, in any manner, any past, present, or future claim for indemnification under Labor Code section 1781. Contractor acknowledges the requirements of Labor Code sections 1725.5 and 1771.1 which provide that no contractor or subcontractor may be listed on submit a bid proposal that is authorized by Section 7029.1 of the Business and Professions Code or be awarded a by Sections 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 for a public works project unless registered with is awarded.” (d) Tenant acknowledges that its obligations under the Department of Industrial Relations PWL include, without limitation, ensuring that: (i) pursuant to Labor Code section § 1771.1(b), a bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor’s current registration to perform “public work” pursuant to § 1725.5, with exceptions from this requirement specified under ; (ii) pursuant to Labor Code sections 1725.5(f§ 1771.4(a)(1), 1771.1(a) the call for bids and 1771.1(n). If contract documents shall specify that the services are being performed as part of the applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Contractor acknowledges that this project is subject to compliance monitoring and enforcement by the California Department of Industrial RelationsRelations (“DIR”); (iii) pursuant to Labor Code § 1771.4(a)(2), it posts or requires the prime contractor to post job site notices, as prescribed by regulation; and (iv) pursuant to Labor Code § 1773.3(a)(1), it provides notice to the DIR of any “public works” contract subject to the requirements of the PWL, within thirty (30) days of the award, but in no event later than the first day in which a contractor has workers employed upon the public work. Pursuant to Labor Code § 1773.3(a)(2), the notice shall be transmitted electronically in a format specified by the DIR and shall include the name and registration number issued by the DIR pursuant to §1725.5 of the contractor, the name and registration number issued by the DIR pursuant to §1725.5 of any subcontractor listed on the successful bid, the bid and contract award dates, the contract amount, the estimated start and completion dates, job site location, and any additional information that the DIR specifies that aids in the administration and enforcement of the PWL. PWC-100 is the name of the form currently used by the DIR for providing the notice, but Tenant shall determine and use whatever form the DIR requires. (e) Landlord shall not be responsible for Tenant’s failure to comply with any applicable provisions of the PWL. (f) Tenant’s violations of the PWL shall constitute a default under this Lease. (g) Notwithstanding anything in this Lease to the contrary, Tenant shall not be responsible for any Person’s failure to comply with any applicable provisions of the PWL with respect to any work performed by, or on behalf of, any Landlord Party (other than by a Tenant Party or Hotel Operator, or on behalf of a Tenant Party or Hotel Operator, or by any Person acting directly or indirectly under a contract with a Tenant Party or Hotel Operator).

Prevailing Wage. Pursuant to Labor Code Section 1781, Contractor certifies is advised that it is aware certain work contemplated in this Contract may be subject to the payment of prevailing wages and all other requirements of the requirements of Prevailing Wage Law. 3.4.1 Contractor shall comply with the state prevailing wage law, California Labor Code Sections Section 1720 et seq. and 1770 8 CCR Section 16000 et seq., as well necessary, for any “public work” (as California Code that term is defined by statute) performed pursuant to this Contract. For purposes of Regulationscompliance with prevailing wage law, Title 8, Contractor shall comply with the provisions applicable to the contractor under 8 CCR Section 16000 et seq(b). (“Prevailing Wage Laws”)Compliance with state prevailing wage law includes, which require the without limitation, payment of at least prevailing rates as determined by the Director of Industrial Relations, overtime, and working hour requirements, apprenticeship obligations, payroll record-keeping requirements, and other obligations required by law. Pursuant to Labor Code Section 1775, Contractor shall forfeit as a penalty to the City the sum of not more than Two Hundred Dollars ($200) as determined by the Labor Commission for each calendar day, or portion thereof, for each such worker paid less than the prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services hereunder are being performed as part of an applicable “public works” by Contractor or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees any subcontractor in addition to fully comply with and to require its subcontractors to fully comply with such Prevailing Wage Laws, to the extent that such laws apply. If applicable, County will maintain the general prevailing rate of per diem wages and other information set forth penalties provided for in Labor Code section 1773 at its principal office and will make this information available to any interested party upon request. Contractor shall defend, indemnify, and hold the County, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure sections 1770-1782 of the California Labor Code. 3.4.2 No Contractor or its subcontractors to comply with the Prevailing Wage Laws. Without limiting the generality of the foregoing, sub-Contractor specifically acknowledges that County has not affirmatively represented to contractor in writing, in the call for bids, or otherwise, that the work to be covered by the bid or contract was not a “public work.” To the fullest extent permitted by law, Contractor hereby specifically waives and agrees not to assert, in any manner, any past, present, or future claim for indemnification under Labor Code section 1781. Contractor acknowledges the requirements of Labor Code sections 1725.5 and 1771.1 which provide that no contractor or subcontractor may be listed on a bid proposal or be awarded a contract for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section Section 1725.5, . No Contractor or sub-Contractor may be awarded a contract for public work on a public works project unless registered with exceptions from this requirement specified under the Department of Industrial Relations pursuant to Labor Code sections 1725.5(f), 1771.1(a) Section 1725.5. All Contractors and 1771.1(n)sub-Contractors must furnish electronic certified payroll records to the Labor Commissioner. If the services are being performed as part A certified copy of the applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Contractor acknowledges that all payroll records relative to this project shall be submitted to the City along with the related invoice. Receipt of certified payroll records is a prerequisite to receiving payment. This requirement applies to all public works projects, whether new or ongoing. Contractor is further advised that any prevailing wage work contemplated herein is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Prevailing Wage. Contractor certifies that it is aware of The City acknowledges and agrees that: (a) Any construction, alteration, demolition, installation or repair work, in each case for the requirements of Facility, required or performed under this Facility Lease constitutes “public work” under California Prevailing Wage Law, including Labor Code Sections §§ 1720 et seq. and 1770 et seq.through 1861, as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage LawsPWL”), which require and obligates the City to cause such work to be performed as “public work,” including, but not limited to, the payment of applicable prevailing wages to all Persons subject to the PWL. (b) The City shall cause all Persons performing “public work” for the Facility under this Facility Lease to comply with all applicable provisions of the PWL and other applicable wage rates Laws. (c) The JEPA hereby notifies the City, and the City hereby acknowledges, that the PWL includes, without limitation, Labor Code § 1771.1(b) that provides that the following requirements described in Labor Code § 1771.1 (a) shall be included in all bid invitations and “public work” contracts: “A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of § 4104 of the Public Contract Code, or engage in the performance of other requirements on certain “public works” and “maintenance” projects. If the Services hereunder are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with and to require its subcontractors to fully comply with such Prevailing Wage Laws, to the extent that such laws apply. If applicable, County will maintain the general prevailing rate of per diem wages and other information set forth in Labor Code section 1773 at its principal office and will make this information available to any interested party upon request. Contractor shall defend, indemnify, and hold the County, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure of the Contractor or its subcontractors to comply with the Prevailing Wage Laws. Without limiting the generality of the foregoing, Contractor specifically acknowledges that County has not affirmatively represented to contractor in writing, in the call contract for bids, or otherwise, that the work to be covered by the bid or contract was not a “public work.,” To the fullest extent permitted by lawas defined in this chapter, Contractor hereby specifically waives unless it is currently registered and agrees qualified to perform “public work” pursuant to Section 1725.5. It is not a violation of this Section for an unregistered contractor to assert, in any manner, any past, present, or future claim for indemnification under Labor Code section 1781. Contractor acknowledges the requirements of Labor Code sections 1725.5 and 1771.1 which provide that no contractor or subcontractor may be listed on submit a bid proposal that is authorized by Section 7029.1 of the Business and Professions Code or be awarded a by Sections 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 for a public works project unless registered is awarded.” (d) The City acknowledges that its obligations under the PWL with respect to the Department of Industrial Relations Facility include, without limitation, ensuring that: (i) pursuant to Labor Code section § 1771.1(b), a bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor’s current registration to perform “public work” pursuant to § 1725.5, with exceptions from this requirement specified under ; (ii) pursuant to Labor Code sections 1725.5(f§ 1771.4(a)(1), 1771.1(a) the call for bids and 1771.1(n). If contract documents shall specify that the services are being performed as part of the applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Contractor acknowledges that this project is subject to compliance monitoring and enforcement by the California Department of Industrial RelationsRelations (“DIR”); (iii) pursuant to Labor Code § 1771.4(a)(2), it posts or requires the prime contractor to post job site notices, as prescribed by regulation; and (iv) pursuant to Labor Code § 1773.3(a)(1), it provides notice to the DIR of any “public works” contract subject to the requirements of the PWL, within thirty (30) days of the award, but in no event later than the first day in which a contractor has workers employed upon the public work. Pursuant to Labor Code § 1773.3(a)(2), the notice shall be transmitted electronically in a format specified by the DIR and shall include the name and registration number issued by the DIR pursuant to §1725.5 of the contractor, the name and registration number issued by the DIR pursuant to §1725.5 of any subcontractor listed on the successful bid, the bid and contract award dates, the contract amount, the estimated start and completion dates, job site location, and any additional information that the DIR specifies that aids in the administration and enforcement of the PWL. PWC- 100 is the name of the form currently used by the DIR for providing the notice, but the City shall determine and use whatever form the DIR requires. (e) Neither the JEPA nor the Port shall be responsible for the City’s failure to comply with any applicable provisions of the PWL. (f) Notwithstanding anything in this Facility Lease to the contrary, the City shall not be responsible for any Person’s failure to comply with any applicable provisions of the PWL with respect to any work performed by, or on behalf of, any Public Agency Party other than by the City.

Prevailing Wage. Contractor certifies that it is aware (a) All Laborers and Mechanics employed to perform the capital improvements will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by §5) the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at the requirements time of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“payment computed at rates not less than those contained in the General Prevailing Wage Laws”), which require Determination (hereinafter referred to as the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services hereunder are being performed as part of an applicable “public works” or “maintenance” project, as defined "Wage Determination") made by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with and to require its subcontractors to fully comply with such Prevailing Wage Laws, to the extent that such laws apply. If applicable, County will maintain the general prevailing rate of per diem wages and other information set forth in Labor Code section 1773 at its principal office and will make this information available to any interested party upon request. Contractor shall defend, indemnify, and hold the County, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure of the Contractor or its subcontractors to comply with the Prevailing Wage Laws. Without limiting the generality of the foregoing, Contractor specifically acknowledges that County has not affirmatively represented to contractor in writing, in the call for bids, or otherwise, that the work to be covered by the bid or contract was not a “public work.” To the fullest extent permitted by law, Contractor hereby specifically waives and agrees not to assert, in any manner, any past, present, or future claim for indemnification under Labor Code section 1781. Contractor acknowledges the requirements of Labor Code sections 1725.5 and 1771.1 which provide that no contractor or subcontractor may be listed on a bid proposal or be awarded a contract for a public works project unless registered with the Department Director of Industrial Relations pursuant to California Labor Code section 1725.5Part 7, Chapter 1, Article 2, sections 1770, 1773 and 1773.1, regardless of any contractual relationship which may be alleged to exist between the Contractor and such Laborers and Mechanics. . At the time of bid solicitation the Agency shall provide MJM Management Group with exceptions from this requirement a copy of the applicable Wage Determination. All Laborers and Mechanics shall be paid the appropriate wage rate and fringe benefits for the classification of work actually performed, without regard to skill. Laborers or Mechanics performing work in more than one classification may be compensated at the rate specified under Labor Code sections 1725.5(f)for each classification for the time actually worked therein provided that the Contractor's payroll records accurately set forth the time spent in each classification in which work is performed. (b) Whenever the wage rate prescribed in the Wage Determination for a class of Laborers or Mechanics includes a fringe benefit which is not expressed as an hourly rate, 1771.1(athe Contractor shall either pay the benefit in the manner as stated therein i.e. the vacation plan, the health benefit program, the pension plan and the apprenticeship program, or shall pay an hourly cash equivalent thereof. (c) and 1771.1(n). If the services are being performed Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the applicable “public works” wages of any Laborer or “maintenance” projectMechanic the amount of any costs reasonably anticipated in providing benefits under a plan or program of a type expressly listed in the Wage Determination, provided that the Executive Director of the Agency has found, upon the written request of the Contractor, made through MJM Management Group that the intent of the Labor Standards has been met. Records of such costs shall be maintained in the manner set forth in subsection (a) of §8. The Executive Director of the Agency may require MJM Management Group to set aside in a separate interest bearing account with a member of the Federal Deposit Insurance Corporation, assets for the meeting of obligations under the plan or program referred to above in subsection (b) of this §4. The interest shall be accumulated and shall be paid as defined determined by the Prevailing Wage LawsAgency acting at its sole discretion. (d) Regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, Contractor acknowledges that this project is subject funds, or programs, which cover the particular weekly period, are deemed to compliance monitoring and enforcement by the Department of Industrial Relationsbe constructively made or incurred during such weekly period.

Prevailing Wage. Contractor certifies that it is aware Maintenance Services performed under this Agreement are subject to the payment of prevailing wage in accordance with State Law. HOA shall comply and cause its contractors and agents to comply with all prevailing wage requirements under City and State Laws. HOA has been alerted to the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services hereunder are work to be performed under this Agreement by HOA is being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor HOA agrees to fully comply with and to require its subcontractors to fully comply with such Prevailing Wage Laws, to the extent that such laws apply. If applicable, County will maintain the general prevailing rate of per diem wages and other information set forth in Labor Code section 1773 at its principal office and will make this information available to any interested party upon request. Contractor HOA shall defend, indemnify, indemnify and hold the CountyCity, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties, penalties or interest arising out of any failure or alleged failure of the Contractor or its subcontractors to comply with the Prevailing Wage Laws. Without limiting It shall be mandatory upon the generality HOA and its contractors 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), public works contractor registration (Labor Code Sections 1725.5 and 1771.1) and debarment of contractors and subcontractors (Labor Code Sections 1777.1). It shall be the foregoingsole responsibility of HOA to determine whether to comply with Prevailing Wage Laws for any or all work required by this Agreement. As a material part of this Agreement, Contractor specifically acknowledges that County has not affirmatively represented HOA agrees to contractor in writing, in the call for bids, or otherwise, that the work to be covered by the bid or contract was not a “public work.” To the fullest extent permitted by law, Contractor hereby specifically waives and agrees assume all risk of liability arising from any decision not to assert, in any manner, any past, present, or future claim for indemnification under Labor Code section 1781. Contractor acknowledges the requirements of Labor Code sections 1725.5 and 1771.1 which provide that no contractor or subcontractor may be listed on a bid proposal or be awarded a contract for a public works project unless registered comply with the Department of Industrial Relations pursuant to Labor Code section 1725.5, with exceptions from this requirement specified under Labor Code sections 1725.5(f), 1771.1(a) and 1771.1(n). If the services are being performed as part of the applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Contractor acknowledges that Laws for work required by this project is subject to compliance monitoring and enforcement by the Department of Industrial RelationsAgreement.

Prevailing Wage. Contractor certifies ▇▇▇▇▇▇▇ acknowledges that it is aware the Project falls within the definition of the requirements of “public works” under California Labor Code Sections section 1720 et seqand is a “Public Works or Improvement” for purposes of prevailing wages under Chapter 6 of the City’s Administrative Code. ▇▇▇▇▇▇▇ acknowledges that persons performing work or labor on the Project may be performing work or labor subject to California or City prevailing wage requirements (“Covered Work”). In connection with the Project, Grantee shall comply with, and 1770 require that ▇▇▇▇▇▇▇’s Contractor and all subcontractors comply with, all applicable California and City prevailing wage requirements. It is hereby understood and agreed that sections 1720, et seq., as well as California Code of Regulationsand 1770, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”)., which require of the payment California Labor Code and section 6.22(e) and 6.22(f) of prevailing wage rates and the performance City’s Administrative Code are terms of other requirements on certain “public works” and “maintenance” projects. If the Services hereunder are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Lawsthis Agreement, and if that Grantee shall include such requirements in its agreement with Grantee’s Contractor, and require Grantee’s Contractor to pass through all such requirements to all Project subcontractors. Such requirements include without limitation: 1. ▇▇▇▇▇▇▇’s Contractor shall pay to all persons performing Covered Work on the total compensation is $1,000 or more, Contractor agrees to fully comply with and to require its subcontractors to fully comply with such Prevailing Wage Laws, to Project not less than the extent that such laws apply. If applicable, County will maintain the highest general prevailing rate of per diem wages determined as set forth herein for the respective crafts and employments, including such wages for holiday and overtime work. 2. Grantee’s Contractor shall insert in every subcontract or other information arrangement that it may make for the performance of Covered Work on the Project a provision that said subcontractor shall pay to all persons performing Covered Work the highest general prevailing rate of wages determined as set forth herein for the respective crafts and employments, including such wages for holiday and over-time work. 3. ▇▇▇▇▇▇▇’s Contractor shall keep or cause to be kept complete and accurate payroll records for all persons performing Covered Work. Such records shall include the name, address, and social security number of each worker who provided labor, including apprentices, their classification, a general description of the services each worker performed each day, the rate of pay (including rates of contributions for, or costs assumed to provide fringe benefits), daily and weekly number of hours worked, deductions made, and actual wages paid. Every subcontractor who shall undertake the performance of any part of the Project work herein required shall keep a like record of each person engaged in the execution of the subcontract. All such records shall at all times be available for inspection of and examination by the City and its authorized representatives or the California Department of Industrial Relations (“DIR”). ▇▇▇▇▇▇▇’s Contractor shall submit payroll records to the State of California as California law requires and to the San Francisco Office of Labor Standards Enforcement (“OLSE”) as City law or OLSE requires. 4. Should Grantee’s Contractor, or any subcontractor who shall undertake the performance of any part of the Project work, fail or neglect to pay to the persons who perform Covered Work on the Project the highest general prevailing rate of wages as herein specified, ▇▇▇▇▇▇▇’s Contractor shall forfeit, and in the case of any subcontractor so failing or neglecting to pay said wage, ▇▇▇▇▇▇▇’s Contractor and the subcontractor shall jointly and severally forfeit, back wages due plus the penalties set forth in Labor Code section 1773 at its principal office and will make this information available to any interested party upon request1775, but not less than $50 per worker per day. 5. Contractor shall defend, indemnify, and hold No person performing labor or rendering service in the County, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure performance of the Project shall perform labor for a longer period than five days (Monday-Friday) per calendar week of eight hours each (with two 10-minute breaks per eight-hour day), except in those crafts in which a different work day or week now prevails by agreement in private employment. Any person working hours in addition to the above shall be compensated in accordance with the prevailing overtime standard and rates. If ▇▇▇▇▇▇▇’s Contractor or its subcontractors to comply with any subcontractor violates this provision, it shall forfeit back wages due plus the Prevailing Wage Laws. Without limiting the generality of the foregoing, Contractor specifically acknowledges that County has not affirmatively represented to contractor penalties set forth in writing, in the call for bids, or otherwise, that the work to be covered by the bid or contract was not a “public work.” To the fullest extent permitted by law, Contractor hereby specifically waives and agrees not to assert, in any manner, any past, present, or future claim for indemnification under Labor Code section 17811775, but not less than $50 per worker per day. 6. Contractor acknowledges the requirements of Labor Code sections 1725.5 and 1771.1 which provide that no contractor or subcontractor may be listed on a bid proposal or be awarded a contract for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, with exceptions from this requirement specified under Labor Code sections 1725.5(f), 1771.1(a) and 1771.1(n). If the services are being performed as part of the applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Contractor acknowledges that this project All Project work is subject to compliance monitoring and or enforcement of prevailing wage requirements by the Department DIR or the OLSE. 7. ▇▇▇▇▇▇▇’s Contractor shall post job site notices prescribed by the DIR at all job sites where Project work is to be performed. 8. ▇▇▇▇▇▇▇’s Contractor must be registered with the DIR at the time of Industrial Relationsthe execution of the agreement between ▇▇▇▇▇▇▇ and ▇▇▇▇▇▇▇’s Contractor and before ▇▇▇▇▇▇▇’s Contractor performs any work. All Project subcontractors must be registered with the DIR prior to performing Project work. The most current highest prevailing wage rate determinations made at the time of the agreement between Grantee and ▇▇▇▇▇▇▇’s Contractor shall at that time, and without further agreement by the City or Grantee, become a term of this Agreement, and Grantee shall incorporate the same rates into its agreement with ▇▇▇▇▇▇▇’s Contractor. For all Covered Work, Grantee shall require that payments by ▇▇▇▇▇▇▇’s Contractor or a subcontractor to a craft or classification not shown on the prevailing rate determinations shall comply with the rate of the craft or classification most closely related to it. An increase or decrease in prevailing wage rates shall not entitle Grantee to an adjustment in the amounts of the Grant Funds. Information regarding prevailing wage rates is available through OLSE’s website, and at the time of this Agreement, some such information may be found here: ▇▇▇▇▇://▇▇▇▇▇.▇▇▇/olse/prevailing-wage ▇▇▇▇▇▇▇ agrees that it is not a department, board, authority, officer, or agent of the City, but pursuant to this Agreement is an “awarding body” under California Labor Code section 1722. ▇▇▇▇▇▇▇ agrees to comply with an awarding body’s responsibilities as the California Labor Code requires. Among other things, Grantee shall register the Project with DIR prior to the start of Project work.

Prevailing Wage. Contractor certifies that it is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services hereunder are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with and to require its subcontractors to fully comply with such Prevailing Wage Laws, to the extent that such laws apply. If applicable, County will maintain the general prevailing rate of per diem wages and other information set forth in Labor Code section 1773 at its principal office office, and will make this information available to any interested party upon request. Contractor shall defend, indemnify, indemnify and hold the County, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure of the Contractor or its subcontractors to comply with the Prevailing Wage Laws. Without limiting the generality of the foregoing, Contractor specifically acknowledges that County has not affirmatively represented to contractor in writing, in the call for bids, or otherwise, that the work to be covered by the bid or contract was not a “public work.” To the fullest extent permitted by law, Contractor hereby specifically waives and agrees not to assert, in any manner, any past, present, or future claim for indemnification under Labor Code section 1781. Contractor acknowledges the requirements of Labor Code sections 1725.5 and 1771.1 which provide that no contractor or subcontractor may be listed on a bid proposal or be awarded a contract for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, with exceptions from this requirement specified under Labor Code sections 1725.5(f), 1771.1(a) and 1771.1(n). If the services are being performed as part of the applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Contractor acknowledges that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Prevailing Wage. Contractor certifies CONSULTANT acknowledges that it is aware portions of this contract are a Public Work, subject to the provisions of Section 1771 of the requirements of California Labor Code. CONSULTANT shall pay, or cause to be paid, prevailing wages, as set forth in the California Labor Code Sections 1720 et seqSection 1770 et. and 1770 et seq., as well as California Code of Regulationsfor all labor performed on the Project sites to facilitate the professional services provided under this AGREEMENT, Title 8including, Section 16000 et seq. (“Prevailing Wage Laws”)but not limited to inspection, which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services hereunder are being performed as part of an applicable “public works” or “maintenance” projectsurveying, as defined by the Prevailing Wage Lawsdrilling, trenching, and if excavation. CONSULTANT shall include in all agreements for such labor, a requirement that the total compensation is $1,000 or more, Contractor agrees to fully comply employer provide all workers with and to require its subcontractors to fully comply with such Prevailing Wage Laws, to the extent written notice that such laws prevailing wages apply. If applicable, County will maintain the general prevailing rate of per diem wages and other information set forth in Labor Code section 1773 at its principal office and will make this information available to any interested party upon request. Contractor shall defend, indemnify, and hold the County, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure of the Contractor or its subcontractors to comply with the Prevailing Wage Laws. Without limiting the generality of the foregoing, Contractor specifically acknowledges that County has not affirmatively represented to contractor in writing, in the call for bids, or otherwise, that the work to be covered by the bid or contract was not a “public work.” To the fullest extent permitted by law, Contractor hereby specifically waives and agrees not to assert, in any manner, any past, present, or future claim for indemnification under Labor Code section 1781. Contractor acknowledges the requirements of Labor Code sections 1725.5 and 1771.1 which provide that no contractor or subcontractor may be listed on a bid proposal or be awarded a contract for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, with exceptions from this requirement specified under Labor Code sections 1725.5(f), 1771.1(a) and 1771.1(n). If the services are being performed as part of the applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Contractor acknowledges that this project The CONSULTANT is subject to prevailing wage rate compliance monitoring and enforcement by the California Department of Industrial Relations. The CONSULTANT or Subcontractor(s) shall not be qualified to bid on, be listed on the 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. CONSULTANT shall maintain, or cause to be maintained, all records documenting the payment of prevailing wages as required by the State prevailing wage law. CONSULTANT shall provide to the CITY, at no cost to the CITY, a copy of all such records within ten (10) working days of a request for such records by CITY. CONSULTANT expressly agrees that the compensation agreed to between the parties includes all payment necessary to meet State prevailing wage law requirements. CONSULTANT shall indemnify the CITY for any claims, costs or expenses which the CITY incurs as a result of CONSULTANT’S failure to pay, or cause to be paid, prevailing wages.

Prevailing Wage. The Contractor certifies that it is must be, and shall be deemed and construed to be, aware of and understand the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as and Title 8 of the California Code of Regulations, Title 8Regulations (“CCR”), Section 16000 et seq. (collectively, “Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services hereunder are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage LawsThe Contractor must fully comply, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with and to require its subcontractors to fully comply with such Prevailing Wage Laws, to the extent that such laws apply. If applicable, County will maintain the general prevailing rate of per diem wages must ensure full compliance by all Subcontractors and other information set forth in Labor Code section 1773 at its principal office persons and will make this information available to any interested party upon request. Contractor shall defendentities as required, indemnify, and hold the County, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure of the Contractor or its subcontractors to comply with the all applicable Prevailing Wage Laws. Without limiting the generality of the foregoing, Contractor specifically acknowledges that County has not affirmatively represented to No contractor in writing, in the call for bids, or otherwise, that the work to be covered by the may bid or contract was not a “public work.” To the fullest extent permitted by law, Contractor hereby specifically waives and agrees not to assert, in any manner, any past, present, or future claim for indemnification under Labor Code section 1781. Contractor acknowledges the requirements of Labor Code sections 1725.5 and 1771.1 which provide that no contractor or subcontractor may be listed on a bid proposal or be awarded a contract for a public works project unless the contractor is, and no subcontractor may be listed in any bid for a project unless the subcontractor is, qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of Labor Code Section 1725.5 for an unregistered contractor to submit a bid authorized by Business and Professions Code Section 7029.1 or Public Contract Code Section 20103.5, if the contractor is registered at the time the contract is awarded. Notwithstanding anything to the contrary, if at any time during the performance of the Work, the Contractor or any of its Subcontractors is not duly registered pursuant to Labor Code Section 1725.5 (including, without limitation, if the registration expires or the DIR revokes the registration), Owner in its sole discretion may cancel the Contract and/or replace the Contractor or Subcontractor with a contractor or subcontractor that is duly registered pursuant to Labor Code Section 1725.5. Under the provisions of the California Labor Code, the Director of the Department of Industrial Relations pursuant (“DIR”) has determined the prevailing rate of wages for the locality in which the Work is to be performed and the Owner has adopted said prevailing rate of wages. A copy of these prevailing rates are available on-line at: Additionally, Owner will make such rates available to any interested party, including Contractor, on request. A copy of such wage rates shall be posted on the job site by the Contractor. In accordance with Labor Code section 1725.5Section 1775, with exceptions from this requirement the Contractor and any subcontractor shall forfeit, as a penalty to the District, not more than $200 and, subject to limited exceptions, not less than certain amounts specified under Labor Code sections 1725.5(f)by law, 1771.1(a) and 1771.1(n). If for each calendar day, or portion thereof, for each worker paid less than the services are being performed prevailing wage rates as part determined by the Director of the DIR for the work or craft in which the worker is employed. The Contractor or the applicable “public works” subcontractor shall pay to each worker the difference between such stipulated prevailing wage rate and the amount paid to the worker for each calendar day or “maintenance” projectportion thereof for which the worker was paid less than the applicable prevailing wage rates. The Contractor acknowledges that, as defined by in applicable circumstances, the DIR will provide certain services in connection with the Project, in accordance with the California Labor Code, Section 16450 et seq. of Title 8 of the CCR and/or other applicable law. In any event, the Contractor and all Subcontractors, at no additional cost to the District, must comply with any and all applicable labor-related requirements, regardless of how implemented, including, without limitation, requirements for payment of wages in accordance with the Prevailing Wage Laws, maintenance, inspection and submittal (electronically, as required) of payroll records, interviewing of workers, et cetera. The Contractor, at no additional cost to the District, must cooperate with the DIR, the District, and any District consultants in connection with labor-law compliance matters. The Contractor acknowledges must post all job-site notices required by law in connection with the Work, including, without limitation, posting required by DIR regulations. The Contractor must make all Subcontractors aware of the foregoing requirements and must require that this project is subject the Subcontractors comply with all labor-related requirements at no extra cost to compliance monitoring the District. The District will coordinate and enforcement by conduct any mandatory pre-construction conference, and the Department Contractor and each of Industrial Relationsits Subcontractors must attend such conference in order to ensure they are aware of applicable labor-law requirements.

Prevailing Wage. Contractor certifies that it is aware In connection with Manager’s performance of the Services, Manager shall comply with all applicable federal, state and local labor laws and regulations, including, without limitation, as applicable, the requirements of California Labor Code Sections 1720 et seq. and 1770 to pay prevailing wages under federal law (the ▇▇▇▇▇ ▇▇▇▇▇ Act, 40 U.S.C. Section 3141, et seq., as well as and the regulations promulgated thereunder set forth at 29 CFR Part 1 (collectively, “▇▇▇▇▇ Bacon”)) and California law (Labor Code of RegulationsSection 1720, Title 8, Section 16000 et seq. .) (and together with ▇▇▇▇▇ ▇▇▇▇▇, the “Prevailing Wage Laws”). City and Manager acknowledge and agree that federal and/or state funding sources used in connection with the construction and operation of ARTIC may trigger compliance with applicable Prevailing Wage Laws. Manager shall be solely responsible, which require the payment of prevailing wage rates expressly or impliedly, for determining and the performance of other requirements on certain “effectuating compliance with all applicable federal, state and local public works” and “maintenance” projects. If the Services hereunder are being performed as part of an applicable “public works” or “maintenance” projectworks requirements, as defined by the Prevailing Wage Laws, labor laws and if the total compensation is $1,000 or morestandards, Contractor agrees to fully comply with and to require its subcontractors to fully comply with such Prevailing Wage Laws, City makes no representation as to the extent applicability or non-applicability of any federal, state and local laws to ARTIC. Manager expressly, knowingly and voluntarily acknowledges and agrees that such laws apply. If applicable, County will maintain the general prevailing rate of per diem wages and other information set forth in Labor Code section 1773 at its principal office and will make this information available City has not previously represented to Manager or to any interested party upon request. Contractor shall defendrepresentative, indemnify, and hold agent or Affiliate of Manager or any subcontractor(s) hired by Manager for the County, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out performance of any failure or alleged failure of the Contractor or its subcontractors to comply with the Prevailing Wage Laws. Without limiting the generality of the foregoing, Contractor specifically acknowledges that County has not affirmatively represented to contractor in writingServices hereunder, in the call for bids, writing or otherwise, that the work Services to be covered by the bid undertaken pursuant to this Agreement is (or contract was not is not) a “public work.,” To as defined in Section 1720 of the fullest extent permitted Labor Code or under ▇▇▇▇▇ ▇▇▇▇▇. Manager knowingly and voluntarily agrees that Manager shall have the obligation to provide any and all disclosures or identifications with respect to ARTIC as required by lawLabor Code Section 1781 and/or by ▇▇▇▇▇ ▇▇▇▇▇, Contractor hereby specifically waives as the same may be amended from time to time, or any other similar law or regulation. Manager shall indemnify, protect, pay for, defend (with legal counsel acceptable to City) and agrees not to asserthold harmless the City (and its Mayor, Council Members and members of City staff), from and against any and all loss, liability, damage, claim, cost, expense and/or “increased costs” (including reasonable attorneys’ fees, court and litigation costs, and fees of expert witnesses) which, in connection with the provision of the Services hereunder by Manager, including, without limitation, construction or maintenance of any manner, any past, present, or future claim for indemnification under Labor Code section 1781. Contractor acknowledges the requirements of Labor Code sections 1725.5 and 1771.1 which provide that no contractor or subcontractor may be listed on a bid proposal or be awarded a contract for a all public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, with exceptions from this requirement specified under Labor Code sections 1725.5(f), 1771.1(a) and 1771.1(n). If the services are being performed as part of the applicable “public works” or “maintenance” project, (as defined by applicable law), results or arises in any way from any of the following: (i) the noncompliance by Manager with any applicable local, state and/or federal law or regulation, including, without limitation, any applicable federal and/or state labor laws or regulations (including, without limitation, if applicable, the requirement to pay state and/or federal prevailing wages); (ii) the implementation of Section 1781 of the Labor Code and/or of ▇▇▇▇▇ ▇▇▇▇▇, as the same may be amended from time to time, or any other similar law or regulation; and/or (iii) failure by Manager to provide any required disclosure or identification as required by Labor Code Section 1781 and/or by ▇▇▇▇▇ ▇▇▇▇▇, as the same may be amended from time to time, or any other similar law or regulation. The parties agree that, in connection with the provision of Services under this Agreement, including construction or maintenance (as defined by applicable law or regulation) of ARTIC (to the extent such construction or maintenance work is a required Service hereunder), including, without limitation, any and all public works (as defined by applicable law or regulation), Manager shall bear all risks of payment or non-payment of prevailing wages under applicable Prevailing Wage Laws, Contractor acknowledges that as the same may be amended from time to time, and/or any other similar law or regulation. “Increased costs,” as used in this project is subject Section, shall have the meaning ascribed to compliance monitoring and enforcement by it in Labor Code Section 1781, as the Department same may be amended from time to time. The foregoing indemnity shall survive termination of Industrial Relationsthis Agreement.

Prevailing Wage. 5.1 Contractor certifies shall comply and shall ensure that it is aware all Subcontractors comply with Sections 1770, 1771, 1772, 1773, 1774, and 1775 of the requirements State of California Labor Code Sections 1720 et seqCode. and 1770 et seqCompliance with these sections is required by this Contract., as well as California Code 5.2 A copy of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services hereunder are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with and to require its subcontractors to fully comply with such Prevailing Wage Laws, to the extent that such laws apply. If applicable, County will maintain the general prevailing rate of per diem wages and other information set forth in Labor Code section 1773 wage rates will be on file at its principal AOC’s Project Manager’s office and will make this information be made available to any interested party upon request. Contractor shall defend, indemnify, and hold the County, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure post a copy of the Contractor or its subcontractors to comply with general prevailing per diem wage rates at the Prevailing Wage Lawsjob site. Without limiting the generality By this reference, such schedule is made part of the foregoingContract Documents. Contractor shall pay not less than the prevailing wage rates, Contractor specifically acknowledges that County has not affirmatively represented to contractor in writing, as specified in the call schedule and any amendments thereto, to all workers employed by Contractor in the execution of the Work. Contractor shall cause all subcontracts to include the provision that all Subcontractors shall pay not less than the prevailing rates to all workers employed by such Subcontractors in the execution of the Work. Contractor shall forfeit to AOC, as a penalty, not more than $200 for bids, each calendar day or otherwise, portion thereof for each worker that is paid less than the work to be covered prevailing rates as determined by the bid or contract was not a “public work.” To the fullest extent permitted by law, Contractor hereby specifically waives and agrees not to assert, in any manner, any past, present, or future claim for indemnification under Labor Code section 1781. Contractor acknowledges the requirements of Labor Code sections 1725.5 and 1771.1 which provide that no contractor or subcontractor may be listed on a bid proposal or be awarded a contract for a public works project unless registered with the Department Director of Industrial Relations for the work or craft in which the worker is employed for any portion of the Work done by Contractor or any Subcontractor. The amount of this penalty shall be determined pursuant to Labor Code section 1725.5, with exceptions applicable law. Such forfeiture amounts may be deducted from this requirement specified the Contract Sum or sought directly from the surety under Labor Code sections 1725.5(f), 1771.1(a) and 1771.1(n)its Performance Bond if there are insufficient funds remaining in the Contract Sum. If Contractor shall also pay to any worker who was paid less than the services are being performed as part prevailing wage rate for the work or craft for which the worker was employed for any portion of the applicable “public works” Work, for each day, or “maintenance” projectportion thereof, as defined by for which the Prevailing Wage Lawsworker was paid less than the specified prevailing per diem wage rate, Contractor acknowledges that this project is subject an amount equal to compliance monitoring the difference between the specified prevailing per diem wage rate and enforcement by the Department amount which was paid to the worker. Review of Industrial Relationsany civil wage and penalty assessment shall be made pursuant to section 1742 of the California Labor Code.

Prevailing Wage. Contractor certifies In the performance of work to be fabricated and or installed on Site, without limitation of any other provision of this Agreement, ARTIST understands that it is aware pursuant to California Prevailing Wage Law and for the public works or construction portion of the project, ARTIST shall pay or cause to be paid, prevailing wages for all work under this Agreement, if any. CONTRACTOR REGISTRATION REQUIREMENTS- Pursuant to Labor Code section 1771.1, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq.Section 4104 of the Public Contract Code, as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and or engage in the performance of other requirements on certain “any contract for public works” and “maintenance” projects. If the Services hereunder are being performed as part of an applicable “public works” or “maintenance” projectwork, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with and to require its subcontractors to fully comply with such Prevailing Wage Laws, to the extent that such laws apply. If applicable, County will maintain the general prevailing rate of per diem wages and other information set forth in Labor Code section 1773 at its principal office 1720, unless currently registered and will make this information available qualified to any interested party upon requestperform public work pursuant to section 1725.5. Contractor shall defend, indemnify, and hold the County, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure of the Contractor or its subcontractors to comply with the Prevailing Wage Laws. Without limiting the generality of the foregoing, Contractor specifically acknowledges that County has not affirmatively represented to contractor in writing, in the call for bids, or otherwise, that the work to be covered by the bid or contract was It is not a “public work.” To the fullest extent permitted by law, Contractor hereby specifically waives and agrees not to assert, in any manner, any past, present, or future claim for indemnification under violation of Labor Code section 1781. Contractor acknowledges 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the requirements Business and Professions Code or by section 10164 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Labor Code sections section 1725.5 at the time the contract is awarded. Only vendors/contractors that are subject to the public works statutes would be required to register. A&E firms that are not doing or subcontracting out tasks subject to public work requiring prevailing wages are not subject to registration and 1771.1 which provide public works laws. Design work is not subject to prevailing wages and, therefore, not considered public work, and the firm does not have to register. For example, A&E tasks that no are subject to public works laws would be surveying, soil testing, material testing, and building/construction inspection, as there are prevailing wage determinations for these works. No contractor or subcontractor may be listed on a bid proposal or be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, 1725.5 [with limited exceptions from this requirement specified for bid purposes only under Labor Code sections 1725.5(f§ 1771.1(a)]. Department of Industrial Relations- Contractor Registration information and web link: ▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/Public-Works/PublicWorks.html. In compliance with Senate Bill 854 and the California Labor Code, 1771.1(a) all bidders shall include with their bid proof of registration from the Department of Industrial Relations that includes the contractor’s legal name, registration number, license type/number, registration date and 1771.1(nexpiration date, for every contractor and subcontractor, regardless of tier. For subcontractor proof of registration that could not be included with the bid, the contractor will be allowed to submit subcontractor registration proof no later than four business days after bid opening (Bid Forms). If the services are being performed as part of the applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Contractor acknowledges that this This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors must submit their certified payroll records directly to the Division of Labor Standards Enforcement Compliance Monitoring Unit, as well as the City of Stockton. Any questions on specific crafts and prevailing wage can be provided by the Department of Industrial Relations.

Prevailing Wage. Contractor certifies that it (a) CONTRACTOR will comply with all applicable laws, rules & regulations including, but not limited to, the requirements of Labor Code §3800 regarding workers' compensation insurance and shall, prior to CITY’s execution of this Agreement, provide CITY with either a Certificate of Insurance documenting CONTRACTOR’s workers’ compensation insurance coverage from a company acceptable to CITY or a letter stating CONTRACTOR has no employees. (b) For services deemed public works, CONTRACTOR, by signing this Agreement, CONTRACTOR is certifying pursuant to Labor Code section 1861, "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." (c) CONTRACTOR shall comply with the requirements of the California Labor Code Sections 1720 et seq. including, but not limited to, hours of labor, nondiscrimination, payroll records, apprentices, workers’ compensation and 1770 et seqprevailing wages., as well as California Code (d) Not less than the general prevailing rate of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services hereunder are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Lawsper diem wages, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with and to require its subcontractors to fully comply with such Prevailing Wage Laws, to the extent that such laws apply. If applicable, County will maintain not less than the general prevailing rate of per diem wages for holidays and other information set forth in Labor Code section 1773 at its principal office and will make overtime work, for each craft, classification or type of worker needed to execute the work under this information available Agreement shall be paid to any interested party upon request. Contractor shall defendworkers, indemnifylaborers, and hold mechanics employed in the County, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure execution of the Contractor work by CONTRACTOR or its subcontractors to comply with the Prevailing Wage Laws. Without limiting the generality any Subcontractor doing or contracting any part of the foregoing, Contractor specifically acknowledges that County has not affirmatively represented to contractor in writing, in work. The appropriate determination of the call for bids, or otherwise, that Director of the work to be covered by the bid or contract was not a “public work.” To the fullest extent permitted by law, Contractor hereby specifically waives and agrees not to assert, in any manner, any past, present, or future claim for indemnification under Labor Code section 1781. Contractor acknowledges the requirements of Labor Code sections 1725.5 and 1771.1 which provide that no contractor or subcontractor may be listed on a bid proposal or be awarded a contract for a public works project unless registered with the California Department of Industrial Relations pursuant to shall be filed with, and available for inspection, at the City offices. CONTRACTOR shall post, at each job site, a copy of the general prevailing rate of per diem wages. The CONTRACTOR shall forfeit two hundred dollars ($200.00) per day for each calendar day or portion thereof, for each worker paid less than the stipulated prevailing wage rates for any public work done under this Agreement by the CONTRACTOR or any Subcontractor under the CONTRACTOR. (e) CONTRACTOR shall also comply with Labor Code section 1725.5Sections 1776, with exceptions from this requirement specified under Labor Code sections 1725.5(f)1777.5, 1771.1(a1777.6, 1777.7 and 1810. ☐ When box is checked the following Section 7 (“LIQUIDATED DAMAGES”) and 1771.1(n). If the services are being performed as part of the applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Contractor acknowledges that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.will apply:

Prevailing Wage. Contractor certifies that it is aware (a) To the extent required by law, in the rehabilitation of the requirements Residential Site, Agent shall and shall cause all contractors and subcontractors to pay prevailing wages in performing any construction activities as may be required under federal ▇▇▇▇▇-▇▇▇▇▇ Act (40 USC 3141-3148) and the labor compliance provisions to be provided by the Owner (if applicable), and pursuant to Labor Code Sections 1720 et seq. (the "Prevailing Wage Requirements"), and the implementing regulations of the Department of Industrial Relations (the "DIR"), to employ apprentices as required by Labor Code Sections 1777.5 et seq., and the implementing regulations of the DIR and comply with the other applicable provisions of Labor Code Sections 1720 et seq., 1777.5 et seq., 1810-1815, and implementing regulations of the DIR. (b) The Agent shall be responsible for ensuring a weekly certified payroll submitted through LCP Tracker is required during the term of rehabilitation of the improvements located on the Residential Site. (c) Agent shall indemnify, hold harmless and defend (with counsel reasonably acceptable to the Owner) the Owner, Owner, its governing board members, officers, representatives, agents, assigns and employees ("Owner Indemnitees") against any claim for damages against any claim for damages, compensation, fines, penalties or other amounts arising out of the failure or alleged failure of any person or entity (including Agent, its contractor and subcontractors) to pay prevailing wages as determined pursuant to California Labor Code Section 1720 et seq., to employ apprentices pursuant to California Labor Code Section 1777.5 et seq., and implementing regulations of the DIR or to comply with the other applicable provisions of California Labor Code Sections 1720 et seq. and 1770 ., 1777.5 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance implementing regulations of the DIR in connection with the rehabilitation of the Residential Site or any other work undertaken or in connection with the Property under this Agreement. The requirements on certain “public works” and “maintenance” projects. If in this subsection survive the Services hereunder are being performed as part termination of an applicable “public works” or “maintenance” projectthis Agreement. (d) Notwithstanding anything to the contrary, as defined Agent shall have no responsibility to indemnify the Owner Indemnitees for any construction activities contracted by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with and to require its subcontractors to fully comply with such Prevailing Wage Laws, to the extent that such laws apply. If applicable, County will maintain the general prevailing rate of per diem wages and other information set forth in Labor Code section 1773 at its principal office and will make this information available to any interested party upon request. Contractor shall defend, indemnify, and hold the County, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure Owner outside of the Contractor or its subcontractors to comply with the Prevailing Wage Laws. Without limiting the generality scope of the foregoing, Contractor specifically acknowledges that County has not affirmatively represented to contractor in writing, in the call for bids, or otherwise, that the work to be covered by the bid or contract was not a “public workthis Agreement.” To the fullest extent permitted by law, Contractor hereby specifically waives and agrees not to assert, in any manner, any past, present, or future claim for indemnification under Labor Code section 1781. Contractor acknowledges the requirements of Labor Code sections 1725.5 and 1771.1 which provide that no contractor or subcontractor may be listed on a bid proposal or be awarded a contract for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, with exceptions from this requirement specified under Labor Code sections 1725.5(f), 1771.1(a) and 1771.1(n). If the services are being performed as part of the applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Contractor acknowledges that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Prevailing Wage. If applicable A. Contractor certifies that it is aware shall submit an electronic version of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, “Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works1773.3 subcontractors list” and “maintenance” projects. If the Services hereunder are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with and to require its subcontractors to fully comply with such Prevailing Wage Laws, form to the extent that such laws apply. If applicable, County will maintain the general prevailing rate of per diem wages and other information set forth in Labor Code section 1773 at its principal office and will make this information available to any interested party upon request. Contractor shall defend, indemnify, and hold the County, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure of the Contractor or its subcontractors to comply with the Prevailing Wage Laws. Without limiting the generality of the foregoing, Contractor specifically acknowledges that County has not affirmatively represented to contractor in writing, in the call for bids, or otherwise, that the work to be covered by the bid or contract was not a “public work.” To the fullest extent permitted by law, Contractor hereby specifically waives and agrees not to assert, in any manner, any past, present, or future claim for indemnification District under Labor Code section 1781Section 1773.3 within 48 hours of award of Agreement. Contractor acknowledges A copy of the requirements form is included in the as Attachment 3, and is mandatory. The District will not accept any other form or format from Contractor. B. The District will use the Contractor’s completed electronic form to submit the required information (DIR number, CSLB number, email, and work classification of all subcontractors on the Project) under Labor Code sections 1725.5 and 1771.1 which provide that no contractor or subcontractor may be listed on a bid proposal or be awarded a contract for a public works project unless registered with Section 1773.3 onto the Department of Industrial Relations pursuant (DIR) website. Upon contract award, the District will create and upload the PWC-100 on the DIR website, and provide the contract registration number to Labor Code section 1725.5the Contractor for electronic certified payroll report (eCPR) submittals with DIR for the project. C. This list shall contain all subcontractors of any tier that will be performing any labor on the project. All subcontractors must be registered with DIR and hold a current CSLB license. Both the registration and license must be active and current for the time period that the work will be performed on site. D. If additional subcontractors are to be used, they shall be added to the “Section 1773.3 subcontractors list” within 48 hours prior to their commencement of any work on site, excluding weekends and District holidays. The District will update the PWC-100 on the DIR website, and notify the Contractor if a subcontractor does not have a current DIR registration number or active CSLB license number. No subcontractor will be allowed to work on site until its status has been corrected by the Contractor on the Section 1773.3 subcontractors list form, which shall be electronically submitted to the District, who will upload the subcontractor, along with exceptions the required information (DIR number, CSLB number, email, and work classification) into the PWC-100 on the DIR website. E. At project completion, the District will notify the Contractor by email to review, update and certify that all subcontractors that performed work during the contract, have been correctly and properly listed on the “Section 1773.3 subcontractors list”. Once the District receives the certification from this requirement specified the Contractor, and the District has added any additional subcontractors to the PWC-100 on the DIR website, the District may issue final payment, provided that other required contract closeout items have been submitted. However, the final payment from District to Contractor shall only be made 30 days after the date the final subcontractors have been added to the PWC-100, or the certification by the Contractor, whichever occurs later. Thus, the District shall continue to withhold final payment until Contactor satisfies the foregoing requirements under Labor Code sections 1725.5(f), 1771.1(a) and 1771.1(n). If the services are being performed as part of the applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Contractor acknowledges that this project is subject to compliance monitoring and enforcement by the Department of Industrial RelationsSection 1773.3.

Prevailing Wage. Contractor certifies This Project is subject to California State prevailing wages. Design Builder and its Subcontractors will comply with any applicable California prevailing wage laws. Design Builder acknowledges and agrees that it has performed its own investigation as to the applicability of California prevailing wage laws commencing with Labor Code section 1720 et, seq. Design Builder agrees that the Contract Price includes full compensation for all labor in compliance with California Labor Code and that no additional compensation will be owed to Design Builder in the event that Design Builder is required to pay higher wages or incur additional costs that Design Builder contends it did not anticipate. 9.1.1 Design Builder is aware of the requirements of California Labor Code Sections sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“"Prevailing Wage Laws”"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services hereunder are being performed as part of Because this Project involves an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if because the total compensation is $1,000 or more, Contractor the Design Builder agrees to fully comply with and to require its subcontractors to fully comply with such the Prevailing Wage Laws. The Design Builder will obtain a copy of the prevailing rates of per diem wages at the commencement of the Construction Work from the Division of Labor Statistics and Research of the Department of Industrial Relations located at ▇▇▇.▇▇▇.▇▇.▇▇▇/▇▇▇▇/. Design Builder will make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to perform Construction Work on the Project available to interested parties upon request, and will post copies at the Design Builder’s principal place of business and at the Project site. 9.1.2 Under Labor Code section 1775, Design Builder and each Subcontractor will forfeit as a penalty to the extent that such laws applyDistrict not more than $200 for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rate for any Construction Work performed by Design Builder, or by any Subcontractor, in violation of the provisions of the Labor Code. If applicableThe difference between the stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, County for which each worker was paid less than the stipulated prevailing wage rate, will maintain be paid to each worker by the Design Builder or Subcontractor. 9.1.3 Design Builder will include a copy of the provisions of Labor Code Sections 1771, 1776, 1777.5, 1813 and 1815 in each subcontract. Design Builder will monitor the payment of the specified general prevailing rate of per diem wages and other information set forth in Labor Code section 1773 at its principal office and will make this information available by the Subcontractor to any interested party upon requestthe employees by periodic review of the certified payroll records of the Subcontractor. Contractor shall defend, indemnify, and hold Upon becoming aware of the County, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure of the Contractor Subcontractor to pay its workers the specified prevailing wage rate, Design Builder will diligently take corrective action to halt or its subcontractors rectify the failure including, but not limited to, retaining sufficient funds due the Subcontractor for Construction Work performed on the Project. Before making final payment to comply with the Prevailing Wage Laws. Without limiting the generality Subcontractor for any portion of the foregoingConstruction Work, Contractor specifically acknowledges Design Builder will obtain an affidavit signed under penalty of perjury from the Subcontractor that County the Subcontractor has not affirmatively represented paid the specified general prevailing rate of per diem wages to contractor in writingits employees and any amounts due under Section 1813. 9.1.4 Design Builder or Subcontractor will, as a penalty to the state or political division on whose behalf the Subcontract is made, forfeit $25 for each worker employed in the call execution of the Construction Work for bidseach calendar day that the 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 Section 1813. Notwithstanding the provisions of Sections 1810 to 1815, inclusive, of this Labor Code, or otherwiseany stipulation inserted in a subcontract, that the work to performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, will be covered by permitted upon compensation for all hours worked in excess of 8 hours per day at not less than 1 1/2 times the bid or contract was not basic rate of pay. (a) Design Builder will post, at appropriate conspicuous points at the Project site, a “public workschedule showing all determined general prevailing wage rates and all authorized deductions, if any, from unpaid wages actually earned.” To the fullest extent permitted by law, Contractor hereby specifically waives and agrees not to assert, in any manner, any past, present, or future claim for indemnification under Labor Code section 1781. Contractor acknowledges the requirements of Labor Code sections 1725.5 and 1771.1 which provide that no contractor or subcontractor may be listed on a bid proposal or be awarded a contract for a public works project unless registered with the Department of Industrial Relations pursuant (b) Pursuant to Labor Code section 1725.51813, with exceptions from the District is required to notify all violations of this requirement specified under provision to the Division of Labor Code sections 1725.5(f), 1771.1(a) and 1771.1(n). If the services are being performed as part of the applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Contractor acknowledges that this project is subject to compliance monitoring and enforcement by the Department of Industrial RelationsStandards Enforcement.

Prevailing Wage. Contractor certifies the California Labor Code provides that it “not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is aware performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work shall be paid to all workers employed on public works.” Copies of the “General Prevailing Wage Rates” are on file in the office of CITY’s Department of Public Works, which shall be made available for inspection to any interested party on request, which said rates are hereby made a part hereof and incorporated herein by reference as though set forth in full. Section 1720 of the California Labor Code provides that “public works” includes construction, alteration, demolition, installation, or repair work done under contracts and paid for in whole or in part out of public funds. It is expressly agreed by and between the parties hereto that CONTRACTOR shall pay not less than the general prevailing rate of per diem wages to these and other trades covered under California Labor Code Sections 1720 et seq. Prevailing Wage Rates can be downloaded from the Department of Industrial Relations website at ▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/DLSR/PWD/index.htm, or purchased from: Changes, if any, to the General Prevailing Wage Rates will be available at the same locations. CONTRACTOR shall also comply with the reporting requirements of California Labor Code Sections 1720 et seq. by preparing a weekly report of all payrolls for all employees performing the above-referenced work and 1770 et seq.by submitting such weekly report to CITY. Payrolls shall contain the full name, as well as California Code address and social security number of Regulationseach employee, Title 8his/her correct classification, Section 16000 et seqrate of pay, daily and weekly number of hours worked, itemized deductions made and actual wages paid. (The employee’s address and social security number need only appear on the first payroll on which the employee’s name appears. The payroll shall be accompanied by a “Prevailing Wage Laws”), which require Statement of Compliance” signed by CONTRACTOR or his/her authorized agent indicating that the payment of prevailing payrolls are correct and complete and that the wage rates and contained therein are not less than those required by this AGREEMENT. The “Statement of Compliance” shall be on forms furnished by CITY or on any form with identical wording. CONTRACTOR shall also be responsible for submitting the performance weekly report(s) of other requirements on certain “public works” and “maintenance” projects. If the Services hereunder are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with and to require its subcontractors to fully comply with such Prevailing Wage Laws, to the extent that such laws apply. If applicable, County will maintain the general prevailing rate of per diem wages and other information set forth in Labor Code section 1773 at its principal office and will make this information available to any interested party upon request. Contractor shall defend, indemnify, and hold the County, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out all payrolls of any failure or alleged failure of the Contractor or its subcontractors to comply with the Prevailing Wage Laws. Without limiting the generality of the foregoing, Contractor specifically acknowledges that County has not affirmatively represented to contractor in writing, in the call for bids, or otherwise, that the work to be covered by the bid or contract was not a “public workand all subcontractors.” To the fullest extent permitted by law, Contractor hereby specifically waives and agrees not to assert, in any manner, any past, present, or future claim for indemnification under Labor Code section 1781. Contractor acknowledges the requirements of Labor Code sections 1725.5 and 1771.1 which provide that no contractor or subcontractor may be listed on a bid proposal or be awarded a contract for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, with exceptions from this requirement specified under Labor Code sections 1725.5(f), 1771.1(a) and 1771.1(n). If the services are being performed as part of the applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Contractor acknowledges that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Prevailing Wage. Contractor certifies that it is aware Lessee shall, in connection with the labor associated with any Alterations under this Lease, comply with all prevailing wage laws in the State of Washington, as set forth in RCW 39.12 as amended, and the rules and regulations of the requirements Department of California Labor and Industries. The wage rates to be paid all laborers, workers and mechanics that perform any part of the work on any Alterations shall meet or exceed the prevailing wage rates as required by Chapter 39.12 of the Revised Code Sections 1720 et seq. and 1770 et seq.of Washington, as well amended. This requirement applies to laborers, workers and mechanics whether they are employed by Lessee, and/or its contractors, subcontractors, sub-subcontractors, or any other person who performs a portion of the work on any Alterations Further, in the event the Port approves and Lessee undertakes any such Tenant Improvements or Alterations, Lessee shall comply with the following requirements in connection therewith: 7.6.1 The rules and regulations of the Department of Labor and Industries and the schedule of prevailing wage rates for the locality or localities where any work under this Lease will be performed as California determined by the Industrial Statistician of the Department of Labor and Industries, are by this reference made a part of this Lease as though fully set forth herein. The Washington Administrative Code of RegulationsChapter 296-127 relating to prevailing wage can be found at: ▇▇▇▇://▇▇▇▇.▇▇▇.▇▇.▇▇▇/wac/default.aspx?cite=296-127. In any contracts for Alterations approved by the Port, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which Lessee’s contract with any general contractor and/or subcontractor shall require the payment of the local prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services hereunder are being performed as part of an applicable “public works” or “maintenance” projectwage. 7.6.2 In connection with this Lease, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees Lessee will be required to fully comply with and to require its subcontractors to fully comply with such Prevailing Wage Laws, submit to the extent that such laws applyPort “Statements of Intent to Pay Prevailing Wages” for its employees, contractors and subcontractors at all tiers prior to commencing work. If applicable, County will maintain The Statements of Intent require the general approval of the industrial statistician of the Department of Labor and Industries — which shall include the contractor’s registration certificate number; the prevailing rate of per diem wage for each classification of workers entitled to prevailing wages under RCW 39.12.020; and other information set forth the estimated number of workers in Labor Code section 1773 at its principal office and will make this information available each classification. Lessee shall ensure that each Statement of Intent to any interested party upon request. Contractor shall defend, indemnify, and hold Pay Prevailing Wages that is submitted to the County, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure of the Contractor or its subcontractors to comply with the Prevailing Wage Laws. Without limiting the generality of the foregoing, Contractor specifically acknowledges that County Port has not affirmatively represented to contractor in writing, in the call for bids, or otherwise, that the work to be covered been approved by the bid or contract was not a “public work.” To the fullest extent permitted by law, Contractor hereby specifically waives and agrees not to assert, in any manner, any past, present, or future claim for indemnification under Labor Code section 1781. Contractor acknowledges the requirements industrial statistician of Labor Code sections 1725.5 and 1771.1 which provide that no contractor or subcontractor may be listed on a bid proposal or be awarded a contract for a public works project unless registered with the Department of Industrial Relations pursuant Labor and Industries before said statement is submitted to Labor Code section 1725.5, the Port. Such Statements of Intent shall be filed in accordance with exceptions from this requirement specified under Labor Code sections 1725.5(f), 1771.1(a) the practices and 1771.1(n). If the services are being performed as part of the applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Contractor acknowledges that this project is subject to compliance monitoring and enforcement procedures required by the Department of Industrial RelationsLabor and Industries. 7.6.3 Lessee will further be required to submit to the Port “Affidavits of Wages Paid” for its employees, contractors and subcontractors at all tiers. The Affidavits of Wages Paid require the certification of the industrial statistician of the Department of Labor and Industries — which shall include the contractor’s registration certificate number; the prevailing rate of wage for each classification of workers entitled to prevailing wages under RCW 39.12.020; and the estimated number of workers in each classification. Lessee shall ensure that each Affidavit of Wages Paid that is submitted to the Port has been certified by the industrial statistician of the Department of Labor and Industries before said Affidavit is submitted to the Port. Such Affidavits of Wages Paid shall be filed in accordance with the practices and procedures required by the Department of Labor and Industries. 7.6.4 Pursuant to WAC ▇▇▇-▇▇▇-▇▇▇ and WAC ▇▇▇-▇▇▇-▇▇▇, Lessee shall be responsible for payment to the Department of Labor and Industries the applicable processing fee(s) set forth in RCW 39.12.070 due with the submittal of each “Statement of Intent to Pay Prevailing Wages” and “Affidavit of Wages Paid.” Lessee shall monitor contractors’ and subcontractors’ compliance with the requirements of this Section Error! Reference source not found.; any failure by Lessee or contractor or subcontractor at any tier to meet the requirements of this Section Error! Reference source not found. or violation of prevailing wage laws or regulations shall be a material breach of this Lease.

Prevailing Wage. Contractor certifies that it is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (Work performed by Lessee or its contractor(s) may be a “Prevailing Wage Laws”), which require the payment of public work” for prevailing wage rates purposes. Lessee hereby expressly acknowledges and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services hereunder are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with and to require its subcontractors to fully comply with such Prevailing Wage Laws, to the extent that such laws apply. If applicable, County will maintain the general prevailing rate of per diem wages and other information set forth in Labor Code section 1773 at its principal office and will make this information available to any interested party upon request. Contractor shall defend, indemnify, and hold the County, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure of the Contractor or its subcontractors to comply with the Prevailing Wage Laws. Without limiting the generality of the foregoing, Contractor specifically acknowledges that County has not affirmatively never previously represented to contractor the Lessee or its contractor(s) for the Improvements in writing, in the call for bids, writing or otherwise, that the any work to be covered by the bid or contract was under this Lease is not a “public work.,” To the fullest extent permitted by law, Contractor hereby specifically waives and agrees not to assert, as defined in any manner, any past, present, or future claim for indemnification under Labor Code section 1781. Contractor acknowledges the requirements of Labor Code sections 1725.5 and 1771.1 which provide that no contractor or subcontractor may be listed on a bid proposal or be awarded a contract for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, with exceptions from this requirement specified under Labor Code sections 1725.5(f), 1771.1(a) and 1771.1(n). If the services are being performed as part Section 1720 of the applicable “public works” or “maintenance” project, as defined by Labor Code. It is not the Prevailing Wage Laws, Contractor acknowledges that intent of this project Lease to impose an obligation to pay prevailing wages on work otherwise exempt from State of California prevailing wage laws. ▇▇▇▇▇▇ is solely responsible for ensuring prevailing wages are paid when required. Projects subject to the payment of prevailing wages are subject to compliance monitoring and enforcement by the State of California Department of Industrial Relations, among other requirements. Lessee is solely responsible for ensuring all required job site postings and all certified payroll and other reporting applicable to it as an awarding body are completed, and all other requirements are met in accordance with State of California prevailing wage regulations. Information regarding prevailing wage requirements can be obtained from the Director, Department of Industrial Relations at ▇▇▇.▇▇▇.▇▇.▇▇▇, State of California Labor Code Section 1720, et seq., and Title 8 of the State of California Code of Regulations, Section 16000, et seq. In connection with the development and construction (as defined by applicable law) of the Improvements, including, without limitation, any public work (as defined by applicable law), if any, Lessee shall bear all risks of payment or non-payment of state prevailing wages and compliance with all requirements under State of California Labor Code Section 1720, et seq., and Title 8 of the State of California Code of Regulations, Section 16000, et seq., and all related statutes, regulations, and policies. In addition to and without limiting any other indemnification and related provisions of this Lease, to the fullest extent permitted by law, Lessee shall indemnify, protect, defend and hold harmless the County its officers, employees, contractors, agents and attorneys, with counsel reasonably acceptable to County, from and against any and all loss, liability, damage, claim, cost, expense, and/or “increased costs” (including labor costs, penalties, reasonable attorney’s fees, court and litigation costs, and fees of expert witnesses) which, in connection with the development and/or construction (as defined by applicable law) of the Improvements, including, without limitation, any and all public works (if any) (as defined by applicable law), results or arises in any way from noncompliance with any requirements under State of California Labor Code Section 1720, et seq., and Title 8 of the State of California Code of Regulations, Section 16000, et seq., and all related statutes, regulations, and policies. The foregoing indemnity shall survive completion of the Project and any expiration or earlier termination of this Lease.

Prevailing Wage. Contractor certifies that it is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services hereunder are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with and to require its subcontractors to fully comply with such Prevailing Wage Laws, to the extent that such laws apply. If applicable, County will maintain the general prevailing rate of per diem wages and other information set forth in Labor Code section 1773 at its principal office and will make this information available to any interested party upon request. Contractor shall defend, indemnify, indemnify and hold the County, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure of the Contractor or its subcontractors to comply with the Prevailing Wage Laws. Without limiting the generality of the foregoing, Contractor specifically acknowledges that County has not affirmatively represented to contractor in writing, in the call for bids, or otherwise, that the work to be covered by the bid or contract was not a “public work.” To the fullest extent permitted by law, Contractor hereby specifically waives and agrees not to assert, in any manner, any past, present, or future claim for indemnification under Labor Code section 1781. Contractor acknowledges the requirements of Labor Code sections 1725.5 and 1771.1 which provide that no contractor or subcontractor may be listed on a bid proposal or be awarded a contract for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, with exceptions from this requirement specified under Labor Code sections 1725.5(f), 1771.1(a) and 1771.1(n). If the services are being performed as part of the applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Contractor acknowledges that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Prevailing Wage. Contractor certifies that it is aware of the requirements of ‌ 6.8.1 Tenant acknowledges and agrees that: (a) Any construction, alteration, demolition, installation or repair work required or performed under this Lease constitutes “public work” under California Prevailing Wage Law, including Labor Code Sections §§ 1720 et seq. and 1770 et seq.through 1861, as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage LawsPWL”), which require and obligates Tenant to cause such work to be performed as “public work,” including, but not limited to, the payment of applicable prevailing wages to all Persons subject to the PWL. (b) Tenant shall cause all Persons performing “public work” under the Lease to comply with all applicable provisions of the PWL and other applicable wage rates Laws. (c) Landlord hereby notifies Tenant and Tenant hereby acknowledges that the PWL includes, without limitation, Labor Code § 1771.1(b) that provides that the following requirements described in Labor Code § 1771.1 (a) shall be included in all bid invitations and “public work” contracts: “A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of § 4104 of the Public Contract Code, or engage in the performance of other requirements on certain “public works” and “maintenance” projects. If the Services hereunder are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with and to require its subcontractors to fully comply with such Prevailing Wage Laws, to the extent that such laws apply. If applicable, County will maintain the general prevailing rate of per diem wages and other information set forth in Labor Code section 1773 at its principal office and will make this information available to any interested party upon request. Contractor shall defend, indemnify, and hold the County, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure of the Contractor or its subcontractors to comply with the Prevailing Wage Laws. Without limiting the generality of the foregoing, Contractor specifically acknowledges that County has not affirmatively represented to contractor in writing, in the call contract for bids, or otherwise, that the work to be covered by the bid or contract was not a “public work.,” To the fullest extent permitted by lawas defined in this chapter, Contractor hereby specifically waives unless it is currently registered and agrees qualified to perform “public work” pursuant to Section 1725.5. It is not a violation of this Section for an unregistered contractor to assert, in any manner, any past, present, or future claim for indemnification under Labor Code section 1781. Contractor acknowledges the requirements of Labor Code sections 1725.5 and 1771.1 which provide that no contractor or subcontractor may be listed on submit a bid proposal that is authorized by Section 7029.1 of the Business and Professions Code or be awarded a by Sections 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 for a public works project unless registered with is awarded.” (d) Tenant acknowledges that its obligations under the Department of Industrial Relations PWL include, without limitation, ensuring that: (i) pursuant to Labor Code section § 1771.1(b), a bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor’s current registration to perform “public work” pursuant to § 1725.5, with exceptions from this requirement specified under ; (ii) pursuant to Labor Code sections 1725.5(f§ 1771.4(a)(1), 1771.1(a) the call for bids and 1771.1(n). If contract documents shall specify that the services are being performed as part of the applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Contractor acknowledges that this project is subject to compliance monitoring and enforcement by the California Department of Industrial RelationsRelations (“DIR”); (iii) pursuant to Labor Code § 1771.4(a)(2), it posts or requires the prime contractor to post job site notices, as prescribed by regulation; and (iv) pursuant to Labor Code § 1773.3(a)(1), it provides notice to the DIR of any “public works” contract subject to the requirements of the PWL, within thirty (30) days of the award, but in no event later than the first day in which a contractor has workers employed upon the public work. Pursuant to Labor Code § 1773.3(a)(2), the notice shall be transmitted electronically in a format specified by the DIR and shall include the name and registration number issued by the DIR pursuant to §1725.5 of the contractor, the name and registration number issued by the DIR pursuant to §1725.5 of any subcontractor listed on the successful bid, the bid and contract award dates, the contract amount, the estimated start and completion dates, job site location, and any additional information that the DIR specifies that aids in the administration and enforcement of the PWL. PWC-100 is the name of the form currently used by the DIR for providing the notice, but Tenant shall determine and use whatever form the DIR requires. (e) Landlord shall not be responsible for Tenant’s failure to comply with any applicable provisions of the PWL. (f) Tenant’s violations of the PWL shall constitute a default under this Lease. (g) Notwithstanding anything in this Lease to the contrary, Tenant shall not be responsible for any Person’s failure to comply with any applicable provisions of the PWL with respect to any work performed by, or on behalf of, any Landlord Party (other than by a Tenant Party or Hotel Operator, or on behalf of a Tenant Party or Hotel Operator, or by any Person acting directly or indirectly under a contract with a Tenant Party or Hotel Operator).

Prevailing Wage. Contractor certifies that it is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (Work performed by Lessee or its contractor(s) may be a “Prevailing Wage Laws”), which require the payment of public work” for prevailing wage rates purposes. Lessee hereby expressly acknowledges and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services hereunder are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with and to require its subcontractors to fully comply with such Prevailing Wage Laws, to the extent that such laws apply. If applicable, County will maintain the general prevailing rate of per diem wages and other information set forth in Labor Code section 1773 at its principal office and will make this information available to any interested party upon request. Contractor shall defend, indemnify, and hold the County, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure of the Contractor or its subcontractors to comply with the Prevailing Wage Laws. Without limiting the generality of the foregoing, Contractor specifically acknowledges that County has not affirmatively never previously represented to contractor the Lessee or its contractor(s) for the Improvements in writing, in the call for bids, writing or otherwise, that the any work to be covered by the bid or contract was under this Lease is not a “public work.,” To the fullest extent permitted by law, Contractor hereby specifically waives and agrees not to assert, as defined in any manner, any past, present, or future claim for indemnification under Labor Code section 1781. Contractor acknowledges the requirements of Labor Code sections 1725.5 and 1771.1 which provide that no contractor or subcontractor may be listed on a bid proposal or be awarded a contract for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, with exceptions from this requirement specified under Labor Code sections 1725.5(f), 1771.1(a) and 1771.1(n). If the services are being performed as part Section 1720 of the applicable “public works” or “maintenance” project, as defined by Labor Code. It is not the Prevailing Wage Laws, Contractor acknowledges that intent of this project Lease to impose an obligation to pay prevailing wages on work otherwise exempt from State of California prevailing wage laws. Lessee is solely responsible for ensuring prevailing wages are paid when required. Projects subject to the payment of prevailing wages are subject to compliance monitoring and enforcement by the State of California Department of Industrial Relations, among other requirements. Lessee is solely responsible for ensuring all required job site postings and all certified payroll and other reporting applicable to it as an awarding body are completed, and all other requirements are met in accordance with State of California prevailing wage regulations. Information regarding prevailing wage requirements can be obtained from the Director, Department of Industrial Relations at ▇▇▇.▇▇▇.▇▇.▇▇▇, State of California Labor Code Section 1720, et seq., and Title 8 of the State of California Code of Regulations, Section 16000, et seq. In connection with the development and construction (as defined by applicable law) of the Improvements, including, without limitation, any public work (as defined by applicable law), if any, Lessee shall bear all risks of payment or non-payment of state prevailing wages and compliance with all requirements under State of California Labor Code Section 1720, et seq., and Title 8 of the State of California Code of Regulations, Section 16000, et seq., and all related statutes, regulations, and policies. In addition to and without limiting any other indemnification and related provisions of this Lease, to the fullest extent permitted by law, Lessee shall indemnify, protect, defend and hold harmless the County its officers, employees, contractors, agents and attorneys, with counsel reasonably acceptable to County, from and against any and all loss, liability, damage, claim, cost, expense, and/or “increased costs” (including labor costs, penalties, reasonable attorney’s fees, court and litigation costs, and fees of expert witnesses) which, in connection with the development and/or construction (as defined by applicable law) of the Improvements, including, without limitation, any and all public works (if any) (as defined by applicable law), results or arises in any way from noncompliance with any requirements under State of California Labor Code Section 1720, et seq., and Title 8 of the State of California Code of Regulations, Section 16000, et seq., and all related statutes, regulations, and policies. The foregoing indemnity shall survive completion of the Project and any expiration or earlier termination of this Lease.

Prevailing Wage. Contractor certifies that it is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq.Except as provided above for jobs advertised prior to July 1, as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services hereunder are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with and to require its subcontractors to fully comply with such Prevailing Wage Laws, to the extent that such laws apply. If applicable, County will maintain the general prevailing rate of per diem wages and other information set forth in Labor Code section 1773 at its principal office and will make this information available to any interested party upon request. Contractor shall defend, indemnify, and hold the County, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure of the Contractor or its subcontractors to comply with the Prevailing Wage Laws. Without limiting the generality of the foregoing, Contractor specifically acknowledges that County has not affirmatively represented to contractor in writing2016, in the call for bidsevent an individual Employer bids a public job or project being awarded by a federal, state, county, city or otherwise, that the work public entity which is to be covered performed at a predetermined and/or prevailing wage rate, and such predetermination does not allow for an escalation of wages, the Employer signatory hereto shall be permitted to use such predetermined and/or prevailing wage rate, excluding benefit contributions, for the duration of the job provided the following conditions are met: A. The Employer is to register the job by submitting a project report to the Regional Council and the Association, no later than fifteen (15) days prior to bid dated. There shall be a pre-bid job meeting after the submittal of the project report for review of the project. A standard report form will be available from the Building Trades Council, and the Association to which the contractor belongs. B. The level of benefit contributions shall be maintained at the contract rate at the time of bidding and any increases in benefit contributions which may occur during the course of the project will be implemented. C. It is the intent to extend the provisions of this Section to all signatory contractors, whether they are signatory to this Agreement, a short form or contract was not a “public workany other recognized agreement with any party signatory herein who may be bidding the same project.” To D. The contractor agrees to assist the fullest extent permitted by law, Contractor hereby specifically waives Union in the filing and agrees not to assert, in any manner, any past, present, or future claim for indemnification under Labor Code section 1781. Contractor acknowledges maintenance of correct prevailing wages with Secretary of the requirements U.S. Department of Labor Code sections 1725.5 and 1771.1 which provide that no contractor or subcontractor may be listed on a bid proposal or be awarded a contract for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, with exceptions from this requirement specified under Labor Code sections 1725.5(f), 1771.1(a) and 1771.1(n). If the services are being performed as part Director of the applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Contractor acknowledges that this project is subject to compliance monitoring and enforcement by the Department California Division of Industrial Relations. The contractor further agrees to report any inconsistencies with the prevailing wage rules, laws or regulations that they may be aware of or privy to on those projects which they are bidding. APPENDIX A 1. The following Special Working Rules for Pile Drivers are in addition to those rules contained in ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Master Engineering Contractors Labor Agreement, except as modified by these Special Working Rules. (a) In addition to the work identified above, the Pile Divers claim the operation of the following types of equipment when the operation of same is incidental to that work which falls under the jurisdiction of the United Brotherhood of Carpenters and Joiners of America or ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇. ▇▇▇▇; mechanical fork lifts of all types, boom trucks and any other mobile equipment as assigned by the employer necessary to complete the work. In addition, the operation of the power pack and vibratory hammer controls when driving or pulling, sheet pile, pile, soldier beams, cassions or casing. (a) In the employment of workmen for all Piledriver work on piledriving rigs, docks or wharves, offshore or as a diver, in the territory above described, the following provisions govern: (I) Piledrivers Local 2375, as agent for the Regional Council shall establish and maintain open and non-discriminatory employment lists for the use of workmen desiring employment on work covered by this Agreement.

Prevailing Wage. Contractor certifies that it is aware of a. Owner has been alerted to the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (the “Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services hereunder are work to be performed under this Agreement by Owner is being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor Owner agrees to fully comply with and to require its subcontractors to fully comply with such Prevailing Wage Laws, . b. Owner shall defend (with counsel acceptable to the extent that such laws apply. If applicableCity), County will maintain the general prevailing rate of per diem wages and other information set forth in Labor Code section 1773 at its principal office and will make this information available to any interested party upon request. Contractor shall defend, indemnify, indemnify and hold the CountyCity, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties, penalties or interest arising out of any failure or alleged failure of the Contractor or its subcontractors to comply with the Prevailing Wage Laws. Without limiting It shall be mandatory upon the generality Owner and its contractors to comply with, to the extent applicable to the Project, 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), public works contractor registration (Labor Code Sections 1725.5 and 1771.1) and debarment of contractors and subcontractors (Labor Code Sections 1777.1). c. It shall be the foregoingsole responsibility of Owner to determine whether to comply with Prevailing Wage Laws for any or all work required by this Agreement. As a material part of this Agreement, Contractor specifically acknowledges that County has not affirmatively represented Owner agrees to contractor in writing, in the call for bids, or otherwise, that the work to be covered by the bid or contract was not a “public work.” To the fullest extent permitted by law, Contractor hereby specifically waives and agrees assume all risk of liability arising from any decision not to assert, in any manner, any past, present, or future claim for indemnification under Labor Code section 1781. Contractor acknowledges the requirements of Labor Code sections 1725.5 and 1771.1 which provide that no contractor or subcontractor may be listed on a bid proposal or be awarded a contract for a public works project unless registered comply with the Department of Industrial Relations pursuant to Labor Code section 1725.5, with exceptions from this requirement specified under Labor Code sections 1725.5(f), 1771.1(a) and 1771.1(n). If the services are being performed as part of the applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Contractor acknowledges that Laws for work required by this project is subject to compliance monitoring and enforcement by the Department of Industrial RelationsAgreement.

Prevailing Wage. Contractor certifies ▇▇▇▇▇▇▇ acknowledges that it is aware the Project falls within the definition of the requirements of “public works” under California Labor Code Sections section 1720 et seqand is a “Public Works or Improvement” for purposes of prevailing wages under Chapter 6 of the City’s Administrative Code. ▇▇▇▇▇▇▇ acknowledges that persons performing work or labor on the Project may be performing work or labor subject to California or City prevailing wage requirements (“Covered Work”). In connection with the Project, Grantee shall comply with, and 1770 require that ▇▇▇▇▇▇▇’s Contractor and all subcontractors comply with, all applicable California and City prevailing wage requirements. It is hereby understood and agreed that sections 1720, et seq., as well as California Code of Regulationsand 1770, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”)., which require of the payment California Labor Code and section 6.22(e) and 6.22(f) of prevailing wage rates and the performance City’s Administrative Code are terms of other requirements on certain “public works” and “maintenance” projects. If the Services hereunder are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Lawsthis Agreement, and if that Grantee shall include such requirements in its agreement with Grantee’s Contractor, and require Grantee’s Contractor to pass through all such requirements to all Project subcontractors. Such requirements include without limitation: 1. ▇▇▇▇▇▇▇’s Contractor shall pay to all persons performing Covered Work on the total compensation is $1,000 or more, Contractor agrees to fully comply with and to require its subcontractors to fully comply with such Prevailing Wage Laws, to Project not less than the extent that such laws apply. If applicable, County will maintain the highest general prevailing rate of per diem wages determined as set forth herein for the respective crafts and employments, including such wages for holiday and overtime work. 2. Grantee’s Contractor shall insert in every subcontract or other information arrangement that it may make for the performance of Covered Work on the Project a provision that said subcontractor shall pay to all persons performing Covered Work the highest general prevailing rate of wages determined as set forth herein for the respective crafts and employments, including such wages for holiday and over-time work. 3. ▇▇▇▇▇▇▇’s Contractor shall keep or cause to be kept complete and accurate payroll records for all persons performing Covered Work. Such records shall include the name, address, and social security number of each worker who provided labor, including apprentices, their classification, a general description of the services each worker performed each day, the rate of pay (including rates of contributions for, or costs assumed to provide fringe benefits), daily and weekly number of hours worked, deductions made, and actual wages paid. Every subcontractor who shall undertake the performance of any part of the Project work herein required shall keep a like record of each person engaged in the execution of the subcontract. All such records shall at all times be available for inspection of and examination by the City and its authorized representatives or the California Department of Industrial Relations (“DIR”). ▇▇▇▇▇▇▇’s Contractor shall submit payroll records to the State of California as California law requires and to the San Francisco Office of Labor Standards Enforcement (“OLSE”) as City law or OLSE requires. 4. Should Grantee’s Contractor, or any subcontractor who shall undertake the performance of any part of the Project work, fail or neglect to pay to the persons who perform Covered Work on the Project the highest general prevailing rate of wages as herein specified, ▇▇▇▇▇▇▇’s Contractor shall forfeit, and in the case of any subcontractor so failing or neglecting to pay said wage, ▇▇▇▇▇▇▇’s Contractor and the subcontractor shall jointly and severally forfeit, back wages due plus the penalties set forth in Labor Code section 1773 at its principal office and will make this information available to any interested party upon request1775, but not less than $50 per worker per day. 5. Contractor shall defend, indemnify, and hold No person performing labor or rendering service in the County, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure performance of the Project shall perform labor for a longer period than five days (Monday-Friday) per calendar week of eight hours each (with two 10-minute breaks per eight-hour day), except in those crafts in which a different work day or week now prevails by agreement in private employment. Any person working hours in addition to the above shall be compensated in accordance with the prevailing overtime standard and rates. If ▇▇▇▇▇▇▇’s Contractor or its subcontractors to comply with any subcontractor violates this provision, it shall forfeit back wages due plus the Prevailing Wage Laws. Without limiting the generality of the foregoing, Contractor specifically acknowledges that County has not affirmatively represented to contractor penalties set forth in writing, in the call for bids, or otherwise, that the work to be covered by the bid or contract was not a “public work.” To the fullest extent permitted by law, Contractor hereby specifically waives and agrees not to assert, in any manner, any past, present, or future claim for indemnification under Labor Code section 17811775, but not less than $50 per worker per day. 6. Contractor acknowledges the requirements of Labor Code sections 1725.5 and 1771.1 which provide that no contractor or subcontractor may be listed on a bid proposal or be awarded a contract for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, with exceptions from this requirement specified under Labor Code sections 1725.5(f), 1771.1(a) and 1771.1(n). If the services are being performed as part of the applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Contractor acknowledges that this project All Project work is subject to compliance monitoring and or enforcement of prevailing wage requirements by the Department DIR or the OLSE. 7. ▇▇▇▇▇▇▇’s Contractor shall post job site notices prescribed by the DIR at all job sites where Project work is to be performed. 8. ▇▇▇▇▇▇▇’s Contractor must be registered with the DIR at the time of Industrial Relationsthe execution of the agreement between ▇▇▇▇▇▇▇ and ▇▇▇▇▇▇▇’s Contractor and before ▇▇▇▇▇▇▇’s Contractor performs any work. All Project subcontractors must be registered with the DIR prior to performing Project work. The most current highest prevailing wage rate determinations made at the time of the agreement between Grantee and ▇▇▇▇▇▇▇’s Contractor shall at that time, and without further agreement by the City or Grantee, become a term of this Agreement, and Grantee shall incorporate the same rates into its agreement with Grantee’s Contractor. For all Covered Work, Grantee shall require that payments by ▇▇▇▇▇▇▇’s Contractor or a subcontractor to a craft or classification not shown on the prevailing rate determinations shall comply with the rate of the craft or classification most closely related to it. An increase or decrease in prevailing wage rates shall not entitle Grantee to an adjustment in the amounts of the Grant Funds. Information regarding prevailing wage rates is available through OLSE’s website, and at the time of this Agreement, some such information may be found here: ▇▇▇▇▇://▇▇▇▇▇.▇▇▇/olse/prevailing-wage ▇▇▇▇▇▇▇ agrees that it is not a department, board, authority, officer, or agent of the City, but pursuant to this Agreement is an “awarding body” under California Labor Code section 1722. ▇▇▇▇▇▇▇ agrees to comply with an awarding body’s responsibilities as the California Labor Code requires. Among other things, Grantee shall register the Project with DIR prior to the start of Project work.

Prevailing Wage. Contractor certifies In accordance with New York State Labor Law § 224-d (2), and unless otherwise provided in a PLA covering the construction of the Bid Facility that it is aware of complies with the requirements of California Labor Code Sections 1720 et seq. Law § 222, all laborers, workmen and 1770 et seq.mechanics, within the meaning of NYS Labor Law Article 8, performing Construction Activities with respect to the Bid Facility, including, but not limited to, the staging, installation, erection and placement of Bid Facility and, to the extent required pursuant to New York Labor Law § 224-d (2), its electrical interconnection, as well as California Code start-up and commissioning of Regulationsthe Bid Facility, Title 8whether through long-term or short-term employment, Section 16000 et seq. (“must be paid at least the Prevailing Wage Laws”applicable in the area where the Bid Facility will be situated, erected and used, in accordance with New York State Labor Law § 220 and as published by the New York State Department of Labor (DOL)11 or at least the equivalent Prevailing Wage requirements of the jurisdiction where the Bid Facility is located. This requirement applies: (1) to all laborers, workmen and mechanics performing Construction Activities, whether direct employees of the Seller or of Seller’s subcontractor(s), which require and (2) regardless of whether or not such employment was claimed as an Economic Benefit in its Bid Proposal. No less than six months prior to the payment start of Construction Activities, Seller must notify NYSERDA of its intent to commence Construction Activities, and in cooperation with the New York State Department of Labor or equivalent in the jurisdiction where the Bid Facility is located, generate a prevailing wage rates determination for the construction of the Bid Facility, as will be updated from time to time. Unless relieved of such requirements by entering into a duly executed PLA in accordance with Section 18.12 of this Agreement and Labor Law § 222 (or other equivalent law), Seller will be responsible for complying with all prevailing wage requirements (including but not limited to reporting requirements) under New York State Labor Law §§ 220, 220-b, and 224-d (or other equivalent law). Should NYSERDA determine that Seller has failed to pay at least the performance of other requirements on certain “public works” and “maintenance” projectsPrevailing Wage in accordance with this Section 18.10, NYSERDA will notify Seller in writing. If the Services hereunder are being performed as part Seller fails to cure such failure within six months of an applicable “public works” or “maintenance” projectthe date of notification, as defined NYSERDA may suspend payments to the Seller until any such failure is cured. During the term of any such suspension of payment under this Section 18.10, Seller shall continue to transfer Tier-1 RECs to NYSERDA in accordance with this Agreement and the price paid by NYSERDA for each such Tier-1 REC shall be zero dollars until the failure is cured. Once such failure is cured and the suspension is lifted, NYSERDA shall, within a reasonable time, issue payment for the RECs transferred during the suspension 11 For NYS DOL Prevailing Wage LawsSchedules, and if the total compensation is $1,000 or more, Contractor agrees to fully comply please visit: ▇▇▇▇▇://▇▇▇▇▇.▇▇.▇▇▇/workerprotection/publicwork/PWContents.shtm period consistent with and to require its subcontractors to fully comply with such Prevailing Wage Laws, to the extent that such laws apply. If applicable, County will maintain the general prevailing rate of per diem wages and other information set forth in Labor Code section 1773 at its principal office and will make this information available to any interested party upon request. Contractor shall defend, indemnify, and hold the County, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure Article IV of the Contractor or its subcontractors Agreement. The total cure period will be 12 months from the date of notification, after which time the Seller’s failure to comply with the Prevailing Wage Laws. Without limiting the generality cure shall be considered an Event of the foregoing, Contractor specifically acknowledges that County has not affirmatively represented to contractor in writing, in the call for bids, or otherwise, that the work to be covered by the bid or contract was not a “public work.” To the fullest extent permitted by law, Contractor hereby specifically waives and agrees not to assert, in any manner, any past, present, or future claim for indemnification under Labor Code section 1781. Contractor acknowledges the requirements of Labor Code sections 1725.5 and 1771.1 which provide that no contractor or subcontractor may be listed on a bid proposal or be awarded a contract for a public works project unless registered with the Department of Industrial Relations Default pursuant to Labor Code section 1725.5, with exceptions from Section 13.01(i) of this requirement specified under Labor Code sections 1725.5(f), 1771.1(a) and 1771.1(n). If the services are being performed as part of the applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Contractor acknowledges that this project is subject to compliance monitoring and enforcement by the Department of Industrial RelationsAgreement.