Chapter 4 — PAYMENT OF PREVAILING WAGES

The provisions of this Chapter shall apply within all Redevelopment Project Areas to contracts for construction of physical improvements on all real properties except as provided herein.

Not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the contracts subject to the provisions of this Chapter are performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in Chapter 1 of Part 7 of Division 2 of the Labor Code (commencing at §1720 et seq.), shall be paid to all workers employed on such works. For purposes of this Chapter, workers employed by contractors or subcontractors in the execution of any contract subject to the provisions of this Chapter are deemed to be employed upon public work.

For all contractors subject to the provisions of this Chapter the Contractor shall forfeit as penalty to the Agency, $25 per calendar day or portion thereof for each worker paid less than the prevailing rates for any work done under the contract by him, or by any subcontractor under him. In addition to said penalty, the difference between the prevailing wage rates and the amounts paid for each worker less than the prevailing wage rates shall be paid to each worker by the contractor.

INDUSTRIAL RELATIONS.

The determinations of the Director of the Department of Industrial Relations pursuant to Labor Code §1720 shall constitute the general prevailing rate of per diem wages for purposes of this Chapter. Nothing in this Chapter shall be construed to prohibit payment of more than the general rate of prevailing wages.

The Agency Secretary shall maintain for public inspection, the current wage determinations of the Director of the Department of Industrial Relations. All contractors subject to the provisions of this Chapter shall reference the obligations imposed hereby. Any contractor subject to the provisions hereof shall post a copy of the general prevailing rate of wages applicable to the work to be done at the job site.

The provisions of §1776 of the Labor Code pertaining to records retention and inspection thereof shall be applicable to all contracts subject to the provisions of this Chapter.

Nothing in this Chapter 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 he is employed, and shall be employed only at the work of the craft or trade to which he 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 he is in training.

The provisions of this Chapter shall be incorporated and referenced in each agreement, such as owner participation agreement, disposition and development agreement, or amendment, thereto entered into by the Agency.

The prevailing wage requirements imposed hereby shall not apply to any contract for the remodeling of an existing building or structure or site improvements with a contract value less than $50,000 or to any contract required by an owner participation agreement for installation of seismic bracing. This Chapter shall not apply to tenant improvements for which the initial building permit for such work is issued more than one year after the certificate of occupancy is approved on the core and shell. The $50,000 value shall be adjusted annually pursuant to the Consumer Price Index (CPI) for the San Francisco/Oakland SMSA.

The requirements of this Chapter may be waived by the Agency upon a determination of hardship, economic necessity or other basis when necessary to carry out the provisions of the Redevelopment Plan or the Community Redevelopment Law.

§ 26.4.150. (RESERVED).

Editor's Note: This Chapter was first codified administratively in 1987. (Resolution No. 2006-123, 11/20/2006 [§§26.4.135, 26.4.150]; Resolution No. 2007-001 RDA, 01/02/2007 [§§26.4.100-26.4.150])