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<br />Non-Professional Services Agreement between Project No.: 2013.0240 <br />City of San Leandro and Jack Doheny Companies, Inc. Page 2 of 3 <br /> Exhibit D <br />wages, or the previous record of the Contractor or subcontractor in meeting applicable <br />prevailing wage obligations, or the willful failure by the Contractor or subcontractor to <br />pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing <br />to pay the correct rate of prevailing wages is not excusable if the Contractor or <br />subcontractor had knowledge of their obligations under the California Labor Code. The <br />Contractor or subcontractor shall pay the difference between the prevailing wage rates <br />and the amount paid to each worker for each calendar day or portion thereof for which <br />each worker was paid less than the prevailing wage rate. If a subcontractor worker <br />engaged in performance of the services described in Exhibit A is not paid the general <br />prevailing per diem wages by the subcontractor, the Contractor is not liable for any <br />penalties therefore unless the Contractor had knowledge of that failure or unless the <br />Contractor fails to comply with all of the following requirements: <br /> <br />1. The contract executed between the Contractor and the subcontractor for the <br />performance of part of the services described in Exhibit A shall include a copy of <br />the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, <br />and 1815. <br /> <br />2. The Contractor shall monitor payment of the specified general prevailing rate of per <br />diem wages by the subcontractor by periodic review of the subcontractor’s certified <br />payroll records. <br /> <br />3. Upon becoming aware of a subcontractor’s failure to pay the specified prevailing <br />rate of wages, the Contractor shall diligently take corrective action to halt or rectify <br />the failure, including, but not limited to, retaining sufficient funds due the <br />subcontractor for performance of the services described in Exhibit A. <br /> <br />4. Prior to making final payment to the subcontractor, the Contractor shall obtain an <br />affidavit signed under penalty of perjury from the subcontractor that the <br />subcontractor has paid the specified general prevailing rate of per diem wages for <br />employees engaged in the performance of the services described in Exhibit A and <br />any amounts due pursuant to California Labor Code Section 1813. <br /> <br />C. In accordance with California Labor Code Section 1776, the Contractor and each <br />subcontractor engaged in performance of the services described in Exhibit A shall keep <br />accurate payroll records showing the name, address, social security number, work, <br />straight time and overtime hours worked each day and week, and the actual per diem <br />wages paid to each journeyman, apprentice, worker, or other employee employed in <br />performance of the services described in Exhibit A. Each payroll record shall contain <br />or be verified by a written declaration that it is made under penalty of perjury, stating <br />both of the following: <br /> <br />1. The information contained in the payroll record is true and correct. <br />