5G Consent - Laserfiche WebLink

Home

9 (d) In accordance with Labor Code Sections 1725.5 and 1771.1, The Lessee shall require that its contractors and subcontractors be registered with the DIR, and maintain such registration as required by the DIR. (e) Pursuant to Labor Code Section 1771.4, the construction and rehabilitation of the Improvements is subject to compliance monitoring and enforcement by the DIR. The Lessee shall and shall require its contractors and subcontractors to submit payroll and other records electronically to the DIR pursuant to Labor Code Sections 1771.4 and 1776 et seq., or in such other format as required by the DIR. (f) The Lessee shall and shall cause its contractors and subcontractors to keep and retain such records as are necessary to determine if prevailing wages have been paid as required pursuant to Labor Code Sections 1720 et seq., and that apprentices have been employed as required by Labor Code Section 1777.5 et seq., and shall, from time to time upon the request of the Lessor provide to the Lessor such records and other documentation reasonably requested by the Lessor. (g) The Lessee shall and shall cause its respective contractors and subcontractors to comply with all other applicable provisions of Labor Code, including without limitation, Labor Code Sections 1720 et seq., 1725.5, 1771, 1771.1, 1771.4, 1776, 1777.5 et seq., 1810-1815 and implementing regulations of the DIR in connection with construction and rehabilitation of the Improvements or any other work undertaken or in connection with the Leased Premises. (h) Copies of the currently applicable current per diem prevailing wages are available from the DIR website, www.dir.ca.gov. The Lessee shall cause its respective contractors to post the applicable prevailing rates of per diem wages at the Project site and to post job site notices, in compliance with Title 8 California Code of Regulations 16451(d) or as otherwise as required by the DIR. (i) If and to the extent required by federal prevailing wage laws, Lessee and its contractors and agents shall pay federal prevailing wages for all work performed with respect to the construction and rehabilitation of the Improvements, in compliance with the Davis-Bacon Act, 40 U.S.C. §3141 - 3148 (“Davis-Bacon”), and its implementing regulations, and perform all other obligations thereunder. Lessor does not make any representations to Lessee as to the applicability of Davis-Bacon to the construction and rehabilitation of the Improvements, and Lessee agrees and acknowledges that it is not relying on any representations of Lessor in making its determination as to the applicability of Davis-Bacon. It is agreed by the Parties that, in connection with the construction and rehabilitation of the Improvements, as between Lessor and Lessee, Lessee shall be solely responsible for determining whether Davis-Bacon is applicable to the construction and rehabilitation of the Improvements, and Lessee shall bear all risks of payment or non-payment of prevailing wages under Davis-Bacon, as the same may be amended from time to time, and/or any other similar federal law. Lessee shall periodically, upon request of Lessor, certify to Lessor that, to its knowledge, it is in compliance with the requirements of this paragraph. The obligations to comply with Davis-Bacon as set forth in this paragraph (i) are in addition to, and not in place of, the obligations to pay Prevailing Wages under California law as provided in this Section 4.4. DRAFT