Agmt 2007 City of Oakland Port Commissioners

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made to maintain a ratio of apprentices to journeymen of not less than 20%, if the employer is signatory to an agreement to train, or otherwise bound to train, apprentices. When submi tting the certi fied payroll records required hereunder Permi ttee shall submit documentary proof of the valid apprentice status of any worker listed as an apprentice. v) Permittee agrees that, any action by Permittee or its assignee against the Port for the recovery of penalties or forfeitures shall be commenced, and written notice thereof shall be actually received by the Port, wi thin the ninety-day period after the Port's Chief Engineer notifies Permittee in writing that the Chief Engineer has determined that the work is Substantially Complete . Permittee agrees that such suit on the Agreement for alleged breach thereof in not making an advance or reimbursement or in not permitting a credit to rent or other sums due the Port is the exclusive remedy of Permittee or Permittee's assignee with reference to such penal ties or forfeitures. Permittee or Permittee's assignee may bring such suit without permission of the Port, but the sui t shall be limited to the recovery of the penal ties or forfeitures without prejudice to Permittee or Permittee's assignee's rights in other matters affecting the Agreement. Permittee agrees that no other issues shall be presented to the court in such case and the burden shall be on the plaintiff to establish plaintiff's right to the penal ties or forfeitures withheld or to be withheld. vi) Permittee agrees that to the extent that Permittee is required to comply with the prevailing wage requirements, Permittee shall assure that all workers are paid the prevailing rate of per diem wages, and travel and subsistence payments (defined in applicable collective bargaining agreements filed in accordance with Section 1773.8 of the California Labor Code), in effect on the date of the Port's first approval of a building permit or other approval of the work. Copies of the applicable prevailing rate of per diem wages are on file at the Port's principal office and will be made available to any interested party on request. Permittee agrees to post a copy of the prevailing rate of per diem wages at each job site. vii) In each with five addition, Permittee shall file with the Port the name of contractor with whom it proposes to contract, together the name of the subcontractors of all tiers, at least (5) working days before entering into the contract. viii) Permittee agrees to keep or cause to be kept by each contractor and subcontractor an accurate payroll record for each worker employed on work covered by this Paragraph showing all of the information specified in subsection (a) of Section Oyster Bay Slough Trail ImprovQments RIGHT-OF-ENTRY AND INDEMNITY AGREEMENT 102681. v6 17