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8H Consent 2009 0406
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8H Consent 2009 0406
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4/3/2009 10:39:50 AM
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4/3/2009 10:39:49 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
4/6/2009
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PERM
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_CC Agenda 2009 0406
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2009\Packet 2009 0406
Reso 2009-048
(Reference)
Path:
\City Clerk\City Council\Resolutions\2009
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prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of <br />prevailing wages is not excusable if the Consultant or subcontractor had knowledge of their <br />obligations under the Califomia Labor Code. The Consultant or subcontractor shall pay the <br />difference between the prevailing wage rates and the amount paid to each worker for each <br />calendar day or portion thereof for which each worker was paid less than the prevailing wage <br />rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is <br />not paid the general prevailing per diem wages by the subcontractor, the Consultant is not liable <br />for any penalties therefore unless the Consultant had knowledge of that failure or unless the <br />Consultant fails to comply with all of the following requirements: <br />The contract executed between the Consultant and the subcontractor for the <br />performance of part of the services described in Exhibit A shall include a copy of the <br />provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815. <br />2. The Consultant shall monitor payment of the specified general prevailing rate of per diem <br />wages by the subcontractor by periodic review of the subcontractor's certified payroll <br />records. <br />3. Upon becoming aware of a subcontractor's failure to pay the specified prevailing rate of <br />wages, the Consultant shall diligently take corrective action to halt or rectify the failure, <br />including, but not limited to, retaining sufficient funds due the subcontractor for <br />performance of the services described in Exhibit A. <br />4. Prior to making final payment to the subcontractor, the Consultant shall obtain an <br />affidavit signed under penalty of perjury from the subcontractor that the subcontractor <br />has paid the specified general prevailing rate of per diem wages for employees engaged <br />in the performance of the services described in Exhibit A and any amounts due pursuant <br />to California Labor Code Section 1813. <br />C. In accordance with California Labor Cotle Section 1776, the Consultant and each subcontractor <br />engaged in performance of the services described in Exhibit A shall keep accurate payroll <br />records showing the name, address, social security number, work, straight time and overtime <br />hours worked each day and week, and the actual per diem wages paid to each journeyman, <br />apprentice, worker, or other employee employed in performance of the services described in <br />Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made <br />under penalty of perjury, stating both of the following: <br />The information contained in the payroll record is true and correct. <br />2. The employer has complied with the requirements of Sections 1771, 1811, and 1815 for <br />any work performed by the employer's employees on the public works project. <br />The payroll records required pursuant to California Labor Code Section 1776 shall be certified <br />and shall be available for inspection by the Owner and its authorized representatives, the <br />Consulting Services Agreement between 08-144-39-012 <br />City of San Leandro and Mark Thomas and Company, Inc.-Exhibit C Page 19 <br />
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