SECTION 7
LEGAL RELATIONS AND RESPONSIBILITY
43
the filing of a valid notice of completion or acceptance of the public works project,
whichever occurs later, the Contractor shall pay all moneys retained from the
subcontractor to the Department. These moneys shall be retained by the
Department pending the final decision of an enforcement action.
• Pursuant to the requirements in Section 1773 of the Labor Code, the
Department has obtained the general prevailing rate of wages (which rate includes
employer payments for health and welfare, pension, vacation, travel time and
subsistence pay as provided for in Section 1773.8 of the Labor Code,
apprenticeship or other training programs authorized by Section 3093 of the Labor
Code, and similar purposes) applicable to the work to be done, for straight time,
overtime, Saturday, Sunday and holiday work. The holiday wage rate listed shall
be applicable to all holidays recognized in the collective bargaining agreement of
the particular craft, classification or type of workmen concerned.
• The general prevailing wage rates and any applicable changes to these wage
rates are available at the Labor Compliance Office at the offices of the District
Director of Transportation for the district in which the work is situated. General
prevailing wage rates are also available from the California Department of
Industrial Relations' Internet Web Site at: http://www.dir.ca.gov.
• The wage rates determined by the Director of Industrial Relations for the
project refer to expiration dates. Prevailing wage determinations with a single
asterisk after the expiration date are in effect on the date of advertisement for bids
and are good for the life of the contract. Prevailing wage determinations with
double asterisks after the expiration date indicate that the wage rate to be paid for
work performed after this date has been determined. If work is to extend past this
date, the new rate shall be paid and incorporated in the contract. The Contractor
shall contact the Department of Industrial Relations as indicated in the wage rate
determinations to obtain predetermined wage changes.
• Pursuant to Section 1773.2 of the Labor Code, general prevailing wage rates
shall be posted by the Contractor at a prominent place at the site of the work.
• Changes in general prevailing wage determinations which conform to Labor
Code Section 1773.6 and Title 8 California Code of Regulations Section 16204
shall apply to the project when issued by the Director of Industrial Relations at least
10 days prior to the date of the Notice to Contractors for the project.
• The State will not recognize any claim for additional compensation because of
the payment by the Contractor of any wage rate in excess of the prevailing wage
rate set forth in the contract. The possibility of wage increases is one of the
elements to be considered by the Contractor in determining the bid, and will not
under any circumstances be considered as the basis of a claim against the State on
the contract.
7-1.01A(2)(a) Travel and Subsistence Payments
• Attention is directed to the requirements in Section 1773.8 of the Labor Code.
The Contractor shall make travel and subsistence payments to each workman,
needed to execute the work, in conformance with the requirements in Labor Code
Section 1773.8.
7-1.01A(3) Payroll Records
• Attention is directed to the requirements in Labor Code Section 1776, a portion
of which is quoted below. Regulations implementing Labor Code Section 1776 are



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