Regional Notification Center. In accordance with Government Code section 4216 et seq., Subcontractor, except in an emergency, shall contact the applicable regional notification center at least two (2) Days prior to commencing any excavation if the excavation will be conducted in an area or in a private easement that is known, or reasonably should be known, to contain subsurface installations other than the underground Facilities owned or operated by the Judicial Council, and obtain an inquiry identification number from that notification center. No excavation shall be commenced and/or carried out by the Subcontractor unless an inquiry identification number has been assigned to the Subcontractor or any lower-tier Subcontractors and the Contractor has given the Judicial Council the identification number. Any damages arising from Subcontractor's failure to make appropriate notification shall be at the sole risk and expense of the Subcontractor. Any delays caused by failure to make appropriate notification shall be at the sole risk of the Subcontractor. No Signs. Subcontractor, its employees, and its Subcontractors shall not display any commercial signs upon fences, trailers, offices, or elsewhere on any Work site without specific prior written approval of the Contractor. Prevailing Wage. Subcontractor and all lower-tier Subcontractors under the Subcontractor shall pay all workers on Work performed pursuant to this Agreement not less than the general and, as applicable, the special prevailing rate of per diem wages and the general and, as applicable, the special prevailing rate for holiday and overtime Work as determined by the Director of the Department of Industrial Relations, State of California, for the type of Work performed and the locality in which the Work is to be performed, pursuant to sections 1770 et seq. of the California Labor Code. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Agreement, as determined by Director of the State of California Department of Industrial Relations, are on file at the Judicial Council’s principal office. Prevailing Wage rates are also available from the Judicial Council or on the internet at (▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇). Subcontractor and each lower-tier Subcontractor shall be responsible for paying the applicable prevailing wage rate for the scope of work actually performed by its worker(s). #XXXXXX Amendment # -Exhibit B – MSA Version 2.0 Subcontractor shall ensure that Subcontractor and all of Subcontractor’s lower-tier Subcontractors execute the Prevailing Wage and Related Labor Requirements Certification attached to this Agreement. Registration. Subcontractor shall, and shall ensure that all “Subcontractors” (as defined by Labor Code section 1722.1), comply with Labor Code section 1725.5, including without limitation the registration requirements with the Department of Industrial Relations that are set forth in Labor Code section 1725.5. Subcontractor represents to the Contractor that all “Subcontractors” (as defined by Labor Code section 1722.1) are registered pursuant to Labor Code section 1725.5. Subcontractor shall not permit any Subcontractor to perform Work on the Project, without first verifying the Subcontractor, and any lower-tier Subcontractors, are is properly registered with the DIR as required by law, and providing this information in writing to the Contractor. Subcontractor acknowledges that, for purposes of Labor Code section 1725.5, this Work is public work to which Labor Code section 1771 applies. Subcontractor shall keep and shall cause each lower-tier Subcontractor to keep an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker employed by Subcontractor in connection with the Work or any part of the Work contemplated by this Agreement. The record shall be kept open at all reasonable hours to the inspection of Contractor, Judicial Council, and to the Division of Labor Standards Enforcement of the DIR. Work will typically take place in an occupied court Facility; therefore, Work hours may be restricted depending upon the Project. The individual PO will include any restrictions on hours of Work. If the PO does not include a restriction on hours of Work, then the Work must take place during business hours. Payroll Records. In addition to submitting CPR(s) to the Labor Commissioner of California pursuant to Labor Code section 1771.4 or any other applicable law, if requested by the Contractor, Subcontractor shall provide to the Judicial Council and shall cause each Subcontractor any lower-tier Subcontractors performing any portion of the Work to provide the Contractor CPR(s), showing the name, address, social security number, Work classification, straight time, and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Subcontractor and/or each Subcontractor any lower-tier Subcontractors in connection with the Work. Each Subcontractor shall file a certified copy of the CPRs with the entity that requested the records within ten (10) Days after receipt of a written request. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by Contractor, Judicial Council, Division of Apprenticeship Standards, or Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual’s name, address, and social security number. The name and address of Subcontractor awarded Agreement or performing Agreement shall not be marked or obliterated. Subcontractor acknowledges and agrees that, if this Agreement involves a dollar amount greater than or a number of working days greater than that specified in Labor Code section 1777.5, then this Agreement is governed by the provisions of Labor Code Section 1777.5. It shall be the responsibility of Subcontractor to ensure compliance with this Article and with Labor Code section 1777.5 for all apprenticeship occupations. Apprentices of any crafts or trades may be employed and, when required by Labor Code section 1777.5, shall be employed provided they are properly registered in full compliance with the provisions of the Labor Code. #XXXXXX Amendment # -Exhibit B – MSA Version 2.0 Every such apprentice shall be paid the standard wage paid to apprentices under the regulations of the craft or trade at which he/she is employed, and shall be employed only at the Work of the craft or trade to which she/he is registered. Only apprentices, as defined in section 3077 of the Labor Code, who are in training under apprenticeship standards and written apprentice agreements under chapter 4 (commencing at section 3070), division 3, of the Labor Code, are eligible to be employed. The employment and training of each apprentice shall be in accordance with the provisions of the apprenticeship standards and apprentice agreements under which he/she is training. Pursuant to Labor Code section 1777.5, if that section applies to this Agreement as indicated above, Subcontractor and any Subcontractors employing workers in any apprentice able craft or trade in performing any Work under this Agreement shall apply to the applicable joint apprenticeship committee for a certificate approving the Subcontractor under the applicable apprenticeship standards and fixing the ratio of apprentices to journeymen employed in performing the Work. Pursuant to Labor Code section 1777.5, if that section applies to this Agreement as indicated above, Subcontractor and any lower-tier Subcontractor may be required to make contributions to the apprenticeship program. If Subcontractor willfully fails to comply with Labor Code section 1777.5, then, upon a determination of noncompliance by the Administrator of Apprenticeship, it shall: • Be denied the right to bid or propose on any subsequent project for one (1) year from the date of such determination; and • Forfeit as a penalty to Contractor, and subsequently Judicial Council, the full amount as stated in Labor Code section 1777.7. Interpretation and enforcement of these provisions shall be in accordance with the rules and procedures of the California Apprenticeship Council and under the authority of the Chief of the Division of Apprenticeship Standards. Subcontractor and all lower-tier Subcontractors shall comply with Labor Code section 1777.6, which section forbids certain discriminatory practices in the employment of apprentices. Subcontractor shall become fully acquainted with the law regarding apprentices prior to commencement of the Work. Special attention is directed to sections 1777.5, 1777.6, and 1777.7 of the Labor Code, and title 8, California Code of Regulations, section 200 et seq. Questions may be directed to the State Division of Apprenticeship Standards, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇. Subcontractor shall ensure compliance with all certification requirements for all workers on the Project including, without limitation, the requirements for electrician certification in Labor Code sections 108 et seq. Labor Code Section 1773.1 or 1773.9 Notwithstanding the above, in the event that Labor Code section 1773.1 or 1773.9 (or another applicable law) requires a higher travel or subsistence rate than the rates specified in this Agreement, the Contractor will reimburse such higher travel or subsistence rates actually paid to a covered employee. The Subcontractor shall develop contingency procedures to minimize the impact to court operations as a result of labor unrest such as walkouts, Work slowdowns, protests, and strikes, regardless of source. In the event of any labor unrest, Contactor agrees to provide the same level of service in connection with the terms of this Agreement. If Subcontractor fails to maintain the same level of service as a result of any labor unrest, the Contractor may withhold payment pursuant to terms of this Agreement. #XXXXXX Amendment # -Exhibit B – MSA Version 2.0
Appears in 2 contracts
Sources: Master Subcontract Agreement, Master Subcontract Agreement