18338944.7

ATTACHMENT C

PUBLIC WORKS REQUIREMENTS

SECTION A. PUBLIC CONTRACT CODE

1. RETENTION ON PROGRESS PAYMENTS

2. CLAIMS PROCEDURES

3. UTILITY RELOCATION

4. USE OF SUBCONTRACTORS

5. CONTRACTOR’S LICENSE REQUIREMENTS

6. NON-COLLUSION DECLARATION

7. EXCAVATION

8. TRENCH SAFETY

9. ANTITRUST CLAIM ASSIGNMENT

10. THIRD-PARTY CLAIMS

11. EXAMINATION AND AUDIT OF RECORDS

12. NOTICE OF TAXABLE POSSESSORY INTEREST

13. CALIFORNIA AIR RESOURCES BOARD REQUIREMENTS

14. PAYMENT BOND

SECTION B. LABOR CODE

1. LABOR COMPLIANCE REQUIREMENTS

2. COORDINATION WITH FEDERAL AND CALIFORNIA PREVAILING WAGE LAWS

3. PROHIBITION AGAINST CONTRACTING WITH DEBARRED SUBCONTRACTORS

4. PAYMENT OF WORKERS’ COMPENSATION

5. PERMITS, LICENSES, TRAINING

6. WAGE KICKBACKS AND WORKER REGISTRATION FEES PROHIBITED

7. PUBLIC WORKS REGISTRATION

SECTION A. PUBLIC CONTRACT CODE

1. RETENTION ON PROGRESS PAYMENTS. From each invoice/billing statement, five percent (5%) will be deducted and held in retention by the Authority, the remainder less any deductions will be paid to the Contractor as progress payments, in accordance with Public Contract Code Sections 7201 and 9203, and the Agreement.

Upon the Contractor’s request, the Authority will make payment of funds withheld from progress payments, pursuant to the requirements of California Public Contract Code Section 22300, if the

Contractor deposits in escrow with the Authority or with a bank acceptable to the Authority, securities eligible for investment under California Government Code Section 16430, bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the Contractor and the Authority, upon the following conditions:

(1) The Contractor shall bear the expenses of the Authority and the escrow agent in connection with the escrow deposit made.

(2) Securities or certificates of deposit to be placed in escrow shall be of a value at least equivalent to the amounts of retention to be paid to the Contractor pursuant to this section.

(3) The Contractor shall enter into an escrow agreement satisfactory to the Authority, which agreement shall be substantially similar to the form provided in California Public Contract Code Section 22300.

(4) The Contractor shall obtain the written consent of the surety to such agreement.

2. CLAIMS PROCEDURES. Claims arising under this Agreement are subject to two statutory claims processes, as set forth below. To the extent that the requirements of Public Contract Code Section 9204 and Public Contract Code Sections 20104–20104.6 overlap, the Contractor shall comply with both, and the more detailed or protective requirement shall govern.

All claims arising under this Agreement are subject to the provisions of Public Contract Code Section 9204. The Contractor shall submit any claim in writing to the Authority within the time periods specified by statute. The Authority shall provide a written response within forty-five (45) days of receipt of the claim. If the claim is denied in whole or in part, the Authority shall identify the portion of the claim that is disputed and the portion that is undisputed, and the Authority shall pay any undisputed portion within sixty (60) days of the written response. If the Contractor disputes the Authority's written response, or if the Authority fails to respond within the statutory period, the Contractor may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. The Authority shall schedule the meet-and-confer conference within thirty (30) days of receipt of such demand. Following the meet-and-confer conference, if the claim or any portion thereof remains in dispute, the Contractor may file a claim pursuant to Government Code Section 900 et seq. and Public Contract Code Section 20104 et seq.

In addition to the preceding requirements, claims up to three hundred seventy-five thousand dollars ($375,000) or less are subject to the provisions of Public Contract Code Sections 20104-20104.6.

For claims of fifty thousand dollars ($50,000) or less, the Authority shall respond in writing to any written claim within forty-five (45) days of receipt of the claim, or may request, in writing, within thirty

(30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the Authority may have against the Contractor. For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the Authority shall respond in writing to all written claims within sixty (60) days of receipt of the claim, or may request, in writing, within thirty (30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the Authority may have against the Contractor. The Contractor shall comply with all procedural prerequisites set forth in Public Contract Code Sections 20104 through 20104.6, including but not limited to the civil action and Government Code claims filing requirements, as a condition precedent to filing any legal action arising from a dispute under this Agreement.

3. UTILITY RELOCATION. Pursuant to California Government Code Section 4215, if during the course of the Agreement, the Contractor encounters utility installations which are not shown or indicated in the Agreement plans or in the specifications or which are found in a location substantially different from that shown, and such utilities are not reasonably apparent from visual examination of the worksite, then the Contractor must promptly notify the Authority in writing.

Where necessary for the performance of the Agreement, the Authority will amend the Agreement to adjust the scope of work and the compensation to allow the Contractor to make such adjustment, rearrangement, repair, removal, alteration, or special handling of such utility, including repair of the damaged utility. At any time, if the Contractor fails to give the notice specified above and thereafter acts without instructions from the Authority, then the Contractor will be liable for any or all damage to such utilities or other work of the Agreement which arises from the Contractor’s operations subsequent to the discovery, and the Contractor will repair and make good such damage at its own cost.

4. USE OF SUBCONTRACTORS. The Contractor will not subcontract any work to be performed by it under this Agreement without the prior written approval of the Authority. The Contractor will be solely responsible for reimbursing any subcontractors and the Authority will have no obligation to them. Attention is directed to the requirements of Sections 4100 to 4113, inclusive, of the California Public Contract Code which are applicable to this Agreement. Each contractor must list the name, business address, California contractor license number and public works contractor registration number issued in accordance with Labor Code Section 1725.5 of each subcontractor to whom the Contractor proposes to subcontract a portion of the work in an amount in excess of one-half of one percent (.5%) of the Grand Total Bid Price, along with a description of the portion of the Work which will be done by each subcontractor, by executing the “List of Subcontractors” form.

5. CONTRACTOR’S LICENSE REQUIREMENTS. The Contractor and any approved subcontractors must hold such current and valid Contractor’s Licenses as required by California Law.

6. NON-COLLUSION DECLARATION. Pursuant to Public Contract Code section 7106, the Contractor must execute a Non-Collusion Declaration, in a form provided by the Authority in the Bids Forms.

7. EXCAVATION. In accordance with state law (Public Contract Code Section 7104), with respect to any work involving digging trenches or excavations that extend deeper than four feet, the Contractor must notify the Authority promptly in writing of any of the following conditions: (a) material that the Contractor believes may be hazardous waste, as defined in California Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II or Class III disposal site in accordance with provisions of existing law; (b) subsurface or latent physical conditions at the site differing from those indicated; (c) unknown physical conditions at the site of any unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. The Contractor must notify the Authority of such conditions prior to disturbing them and must await direction from the Authority as to how to proceed.

8. TRENCH SAFETY. Excavation for any trench 5 feet or more in depth will not begin until the Contractor has received approval from the Authority of the Contractor’s detailed plan for worker protection from the hazards of caving ground during the excavation of such trench. Such plan must be submitted at least 5 days before the Contractor intends to begin excavation for the trench and must show the details of the design of shoring, bracing, sloping or other provisions to be made for worker protection during such excavation. No such plan will allow the use of shoring, sloping or a protective system less effective than that required by the Construction Safety Orders of the Division of Industrial Safety; and if such plan varies from the shoring system standards established by the Construction Safety Orders, the plan must be prepared and signed by an engineer who is registered as a Civil or Structural Engineer in the State of California. Attention is directed to the provisions of Section 6705 of the Labor Code concerning trench excavation safety plans.

9. ANTITRUST CLAIM ASSIGNMENT. In entering into an Agreement or a subcontract to supply goods, services, or materials pursuant to this Agreement, the Contractor or subcontractor offers and agrees to assign to the Authority all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to this

Agreement or a subcontract. This assignment will be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgment by the parties.

10. THIRD-PARTY CLAIMS. Pursuant to Public Contract Code Section 9201, the Authority will have full authority to compromise or otherwise settle any claim relating to the Agreement at any time.

The Authority will provide for timely notification to the Contractor of the receipt of any third-party claim, relating to the Agreement. Notice will be in writing and will be provided within thirty (30) days. The Authority will be entitled to recover its reasonable costs incurred in providing the notification.

11. EXAMINATION AND AUDIT OF RECORDS. Pursuant to Government Code Section 8546.7, the Contractor must retain all project-related records for a period of 3 years after final payment on this Agreement, which will be subject to audit or inspection by the Authority or the State Auditor during this period. Separate and apart from the obligations under Section 8546.7, the Authority will have the right to audit project records at the Authority discretion under the following circumstances: (a) submission of a Public Records Act request regarding the project; (b) inability to resolve a disputed Agreement change order; or (c) submission of a construction claim.

12. NOTICE OF TAXABLE POSSESSORY INTEREST. In accordance with Revenue and Taxation Code Section 107.6, this Agreement may create a possessory interest subject to personal property taxation for which the Contractor will be responsible.

13. CALIFORNIA AIR RESOURCES BOARD REQUIREMENTS. The Contractor and all subcontractors are required to be in compliance with all provisions of the California Air Resources Board (CARB) engine and fleet regulations at all times, including but is not limited to:

(1) The Contractor and subcontractor must use R99 or R100 Renewable Diesel for all vehicle fleets subject to CARB’s In-Use Off-Road Diesel Fueled Fleet Rule unless for vehicles that the Contractor or subcontractor determine are specifically exempt from the Rule;

(2) All engines that are subject to CARB’s In-Use Off-Road Diesel Fueled Fleet Rule must be labeled with a unique equipment identification number (EIN) obtained from CARB;

(3) All vehicles and engines subject to CARB’s In-Use Off-Road Diesel Fueled Fleet Rule are prohibited from idling longer than five (5) consecutive minutes unless expressly exempt from the Rule. The Contractor is required to have a written idling policy that is provided to each operator of all regulated equipment and vehicles that are subject to the Rule before the regulated equipment is operated for the first time. The idling policy must inform the operator of CARB’s idling requirements.

The Contractor is solely responsible for compliance with all provisions of the CARB engine and fleet regulations for its fleet and the fleet of all subcontractors, and the payment of any fines or penalties imposed by CARB or the U.S. Environmental Protection Agency (EPA) resulting from the Contractor’s or subcontractor’s non-compliance. The Contractor shall indemnify, hold harmless, and defend (with legal counsel chosen by the Authority at the Contractor’s expense) the Authority against any violation notices issued, or enforcement actions brought, by CARB or EPA involving the Contractor’s or subcontractor’s non-compliance.

14. PAYMENT BOND. For all Agreements over $25,000, the successful Contractor must provide a payment bond in the amount equal to one hundred percent (100%) of the Grand Total Bid Price of the Agreement and issued by a California admitted surety. The payment bond will provide the Authority with security for the Contractor’s full payment to all subcontractors for costs of materials, equipment, supplies, and labor furnished in the course of the performance of the Agreement. Full compensation for furnishing the payment bond is included in the Grand Total Bid Price. The Payment Bond form is included in the Bid Forms.

SECTION B. LABOR CODE

1. LABOR COMPLIANCE REQUIREMENTS. In the performance of this Agreement, the Contractor’s attention is directed to the following requirements of the Labor Code.

A. Hours of Labor. Eight hours labor constitutes a legal day’s work. The Contractor shall forfeit, as penalty to the Authority, $25 for each worker employed in the performance of the Contract by the Contractor or by any subcontractor under it for each calendar day during which such worker is required or permitted to work more than eight hours in any one day and 40 hours in any one calendar week in violation of the provisions of the California Labor Code and in particular, Sections 1810 to 1815, inclusive. Work performed by employees of the Contractor in excess of eight hours per day and 40 hours during any one week shall be permitted upon compensation for all hours worked in excess of eight hours per day at not less than one-and-one-half times the basic rate of pay, as provided in Section 1815.

B. Prevailing Wages. The Contractor shall comply with California Labor Code Sections 1770 to 1780, inclusive. In accordance with Section 1775, the Contractor shall forfeit as a penalty to the Authority an amount as determined by the Labor Commissioner not to exceed $200 for each calendar day or portion thereof for each worker paid less than stipulated prevailing wage rates for such work or craft in which such worker is employed for any work done under the contract by him or by any subcontractor under it in violation of the revisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Contractor or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Contractor or subcontractor in meeting their respective prevailing wage obligations, or the willful failure by the Contractor or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Contractor or subcontractor had knowledge of the obligations under the Labor Code. In addition to said penalty and pursuant to Section 1775, the difference between such stipulated 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 stipulated prevailing wage rate shall be paid to each worker by the Contractor or subcontractor.

Pursuant to the provisions of Section 1773 of the Labor Code, the Authority has obtained the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work applicable to the work to be done from the Director of the Department of Industrial Relations. Copies of the prevailing wage rates are on file at the Authority and are available for review upon request. Pursuant to §1773.2 of the Labor Code, the Contractor shall post general prevailing wage rates at a prominent place at the site of the work.

If a worker employed by a subcontractor on a Public Works project is not paid the general prevailing per diem wages by the subcontractor, the Contractor of the project is not liable for the penalties described above unless the Contractor had knowledge of that failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless the Contractor fails to comply with all of the following requirements:

(1) The Contract executed between the Contractor and the subcontractor for the performance of work on Public Works project shall include a copy of the requirements in Sections 1771, 1775, 1776, 1777.5, 1813 and 1815 of the Labor Code.

(2) The Contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees by periodic review of the certified payroll records of the subcontractor.

(3) Upon becoming aware of the subcontractor’s failure to pay the specified prevailing rate of wages to the subcontractor’s workers, the Contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the Public Works project.

(4) Prior to making final payment to the subcontractor for work performed on the Public Works project, the Contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to the subcontractor’s employees on the Public Works project and any amounts due pursuant to Section 1813 of the Labor Code.

Pursuant to Section 1775 of the Labor Code, the Division of Labor Standards Enforcement shall notify the Contractor on a Public Works project within fifteen

(15) days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that Public Works project to pay workers the general prevailing rate of per diem wages. If the Division of Labor Standards Enforcement determines that employees of a subcontractor were not paid the general prevailing rate of per diem wages and if the Authority did not retain sufficient money under the Contract to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the Contractor shall withhold an amount of money due the subcontractor sufficient to pay those employees the general prevailing rate of per diem wages if requested by the Division of Labor Standards Enforcement. The Contractor shall pay any money retained from and owed to a subcontractor upon receipt of notification by the Division of Labor Standards Enforcement that the wage complaint has been resolved. If notice of the resolution of the wage complaint has not been received by the Contractor within one hundred eighty (180) days of the filing of a valid notice of completion or acceptance of the Public Works project, whichever occurs later, the Contractor shall pay all monies retained from the subcontractor to the Authority.

These monies shall be retained by the Authority pending the final decision of an enforcement action.

C. Payroll Records. The Contractor and each subcontractor shall submit electronic certified payroll records to the California Labor Commissioner in the manner and format set forth in California Labor Code Section 1771.4. In addition to submitting certified payroll to the California Labor commissioner, the Contractor shall submit certified payroll to the Authority once per week.

The Contractor shall be responsible for managing and certifying all lower tier subcontractors certified payroll submittals.

Upon request by the Authority, the Contractor shall be required to submit paper copies of certified payrolls and other required labor compliance documents.

The Contractor’s attention is directed to the following requirements from Labor Code Section 1776. The Contractor shall be responsible for the compliance with the requirements by its subcontractors.

(1) The Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Contractor or subcontractor in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct, and (2) The employer has complied with the requirements of Labor Code Sections 1771, 1811, and 1815 for any work performed by that person's employees on the public works project.

(2) The payroll records enumerated under subdivision (1) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:

i. A certified copy of an employee’s payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request.

ii. A certified copy of all payroll records enumerated in subdivision (1) shall be made available for inspection or furnished upon request to the Authority and the Division of Labor Standards Enforcement of the Department of Industrial Relations.

iii. A certified copy of all payroll records enumerated in subdivision (1) shall be made available upon request to the public for inspection or copies thereof made; provided, however, that a request by the public shall be made through either the Authority or the Division of Labor Standards Enforcement. If the request is made through the Authority and the Authority is not in possession of the certified payroll records, the Authority shall obtain those records from the relevant contractor and make them available to the requesting entity. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the Contractor, subcontractor and the entity through which the request was made. The public shall not be given access to such records at the principal office of the Contractor.

iv. If the Authority seeks to obtain payroll records pursuant to paragraph (iii) above, the Contractor shall have ten (10) days to comply following receipt of a written notice requesting the records described in subdivision (1). If the Contractor or subcontractor fails to comply within the 10-day period, Authority shall notify the Division of Labor Standards Enforcement who may request penalties be withheld from progress payments then due.

(3) Unless required to be furnished directly to the Labor Commissioner in accordance with Labor Code Section 1771.4(a)(3), the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the Division.

(4) The Contractor shall file a certified copy of the records enumerated in subdivision

(1) with the entity that requested such records within ten (10) days after receipt of a written request.

(5) Any copy of records made available for inspection as copies and furnished upon request to the public or the Authority, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual’s name, address and social security number. The name and address of the Contractor or subcontractor shall not be marked or obliterated.

(6) The Contractor shall inform the Authority of the location of records enumerated under subdivision (1), including the street address, city and county, and shall, within five working days, provide a notice of a change of location and address.

(7) The Contractor shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in subdivision (1).

In the event that Contractor fails to comply with the 10-day period, the Contractor shall, as a penalty the State or the Authority, forfeit One-Hundred Dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The penalties specified in subdivision (h) of Labor Code Section 1776 for noncompliance with the provisions of Labor Code Section 1776 may be deducted from any monies due or which may become due to the Contractor.

(8) The Contractor and each subcontractor shall preserve their payroll records for a period of three (3) years from the date of completion of the Contract.

D. Labor Non-discrimination. Attention is directed to Section 1735 of the Labor Code which provides that the Contractor shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of any person, except as provided in Section 12940 of the Government Code. The Contractor further agrees to include a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials.

E. Apprentices. The Contractor and all subcontractors shall comply with the requirements of California Labor Code sections 1777.5, 1777.6 and 1777.7 regarding the employment of apprentices.

2. COORDINATION WITH FEDERAL AND CALIFORNIA PREVAILING WAGE LAWS. When both Federal and California Prevailing Wage Laws apply to the Agreement, the Contractor and any subcontractor shall pay their workers the higher of the two prevailing wage rates. To the extent that contract provisions required by Federal and State law are inconsistent, the Contractor is responsible for complying with the more comprehensive or stricter requirements. The Contractor and all subcontractors shall insert this clause in any lower-tier contract. Federal prevailing wage rate, if applicable, are contained in a separate section.

3. PROHIBITION AGAINST CONTRACTING WITH DEBARRED SUBCONTRACTORS. The Contractor is prohibited from performing work on a public works project with a subcontractor who is ineligible to perform work on the public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code.

4. PAYMENT OF WORKERS’ COMPENSATION. By executing this Agreement, the Contractor certifies as follows: “I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement.”

5. PERMITS, LICENSES, TRAINING. The Contractor shall procure all permits, licenses, certifications, and training (including OSHA permits pursuant to Labor Code Section 6500), pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the work.

The Environmental Quality Act (Public Resources Code, Section 21000 to 21176) may be applicable to permits, licenses and other authorizations which the Contractor must obtain from State or local agencies in connection with performing the work of the Contract. The Contractor shall comply with the provisions of that Act in obtaining such permits, licenses and other authorizations and they shall be obtained in sufficient time to prevent delays to the work. The Contractor shall comply with permits obtained by the Authority, if any, for the work.

For all work to be performed on surfaces coated with any detectable level of lead, and to the extent applicable, the Contractor must comply with Cal/OSHA Construction Safety Orders, Lead, Section 1532.1; California Code of Regulations, Titles 8 and 17; and the EPA’s Lead-Based Paint Renovation, Repair and Painting (RRP) Rule. To the extent applicable, the Contractor, and any subcontractors, must ensure workers possess all required California Department of Public Health certifications in accordance with California Code of Regulations, Title 17, Section 35001 et seq.

and California Code of Regulations, Title 8, Section 1532.1.

6. WAGE KICKBACKS AND WORKER REGISTRATION FEES PROHIBITED. The Contractor and subcontractors at any tier shall comply with Labor Code sections 1778 through 1779. The Contractor and subcontractors shall not take, receive, or conspire with another to take or receive, for their own use or the use of any other person any portion of the wages of any worker or subcontractor in connection with this Agreement. The Contractor and subcontractors shall not charge, collect, or attempt to charge or collect, directly or indirectly, a fee or valuable consideration for registering any person to work in connection with the Agreement, or for giving information as to where such employment may be procured, or for placing, assisting in placing, or attempting to place, any person in connection with the Agreement.

7. PUBLIC WORKS REGISTRATION. The Contractor must be registered with the California Department of Industrial Relations pursuant to Labor Code Section 1725.5. This Agreement is subject to monitoring and enforcement by the DIR pursuant to Labor Code Section 1771.4. The Contractor must post job site notices, as prescribed by regulation. The Contractor shall furnish the records specified in Labor Code Section 1776 directly to the Labor Commissioner, monthly in a format prescribed by the Labor Commissioner.