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<br />i) The prevailing wage requirements shall apply to the employees <br />of any employer including Permittee, any Permittee of <br />Permi ttee, any general contractor or subcontractor or other <br />contractor engaged in construction for the Improvements by <br />Permittee, including their successors and assignees, but shall <br />not apply to supervisory or managerial personnel or to persons <br />employed in the rental, operation or (in the case of Private <br />Work Prevailing Wage Requirements only) maintenance of the <br />Premises. <br /> <br />ii) Permittee shall cause the provisions of this subsection to <br />be incorporated into each contract and subcontract, and <br />Agreement which would be subj ect to this subsection. In the <br />event the provisions are not so incorporated, Permittee shall <br />be liable to the worker in any action or proceeding for the <br />difference between the prevailing wage rate required to be <br />paid and the amount actually paid to the worker, including <br />costs and attorney fees, as if Permittee were the actual <br />employer. <br /> <br />iii) The prevailing wage requirements of this sub-section will <br />be monitored and enforced by the Port. In addition to any <br />other rights provided by California law to recover <br />compensation, a worker that has been paid less than the <br />prevailing wage rates shall have a right to commence an action <br />or proceeding against the employer of the worker for the <br />difference between the prevailing wage rates and the amount <br />paid to such worker for each calendar day or portion thereof <br />for which the worker was paid less than the compensation <br />required to be paid under the provisions of this subsection. <br />No issue other than that of the liability of the employer for <br />the amount of unpaid wages allegedly due shall be determined <br />in such action or proceeding, and the burden shall be on the <br />employer to establish that the amounts demanded are not due. <br />A worker recovering any or all of the wages claimed to be due <br />shall recover his costs and attorney fees in securing such <br />recovery. Nothing in this section shall preclude its <br />enforcement by the California Division of Labor Standards <br />Enforcement. <br /> <br />iv) Nothing in this Agreement shall prevent the employment of <br />any number of properly registered apprentices, as defined in <br />Chapter 4, Division 3 of the Labor Code. Every such <br />apprentice shall be paid not less than the standard wage paid <br />to apprentices under the regulations of the crafts or trade at <br />which the apprentice is employed, and shall be employed only <br />at the work of the craft or trade to which the apprentice is <br />registered. The employment and training of each apprentice <br />shall be in accordance with the provisions of the <br />apprenticeship standards and apprentice agreements under which <br />the apprentice is in training. Good faith efforts shall be <br /> <br />Oyster Bay Slough Trail Improvements <br />RIGHT-OF-ENTRY AND <br />INDEMNITY AGREEMENT <br />l02681.v6 <br /> <br />16 <br />