TranSystems Corporation - LGM Construction

to the worker, including costs and reasonable attorney fees, as if Contractor were the actual
employer.
The prevailing wage requirements of this subsection will be monitored and enforced by
the Port. In addition to any other rights provided by California law to recover compensation, a
worker that has been paid less than the prevailing wage rates shall have a right to commence an
action or proceeding against the employer of the worker for the difference between the prevailing
wage rates and the amount paid to such worker for each calendar day or portion thereof for which
the worker was paid less than the compensation required to be paid under the provisions of this
subsection. No issue other than that of the liability of the employer for the amount of unpaid
wages allegedly due shall be determined in such action or proceeding, and the burden shall be on
the employer to establish that the amounts demanded are not due. A worker recovering any or all
of the wages claimed to be due shall recover his costs and reasonable attorney fees in securing
such recovery. Nothing in this section shall preclude its enforcement by the California Division
of Labor Standards Enforcement.
Nothing in this Attachment B shall prevent the employment of any number of properly
registered apprentices, as defined in Chapter 4, Division 3 of the Labor Code. Every such
apprentice shall be paid not less than the standard wage paid to apprentices under the regulations
of the crafts or trade at which the apprentice is employed, and shall be employed only at the work
of the craft or trade to which the apprentice is registered. The employment and training of each
apprentice shall be in accordance with the provisions of the apprenticeship standards and
apprentice agreements under which the apprentice is in training. Good faith efforts shall be 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 submitting the
certified payroll records required hereunder, Contractor shall submit documentary proof of the
valid apprentice status of any worker listed as an apprentice.
Contractor agrees that to the extent that Contractor is required to comply with the
prevailing wage requirements, Contractor 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. Contractor agrees to post a
copy of the prevailing rate of per diem wages at each job site.
Contractor, as a penalty to the Port, shall forfeit twenty-five dollars ($25) for each
calendar day, or portion thereof (or such other sum as specified from time to time by Section
1775 of the California Labor Code), for each worker paid less than the applicable prevailing rates
for such work or craft in which such worker is employed. The difference between such
prevailing wage rates and the amount paid to each worker for each calendar day or portion
thereof for which each worker was paid less than the prevailing wage rate shall be paid to each
worker by Contractor.
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