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<br />Consulting Services Agreement between June 5, 2015 <br />City of San Leandro and Harris Design—Exhibit D Page 22 of 23 <br />paid to each worker for each calendar day or portion thereof for which each worker was paid less than <br />the prevailing wage rate. If a subcontractor worker engaged in performance of the services described <br />in Exhibit A is not paid the general prevailing per diem wages by the subcontractor, the Consultant is <br />not liable 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 /> <br />1. The contract executed between the Consultant and the subcontractor for the performance of part of the <br />services described in Exhibit A shall include a copy of the provisions of California Labor Code Sections <br />1771, 1775, 1776, 1777.5, 1813, and 1815. <br /> <br />2. The Consultant shall monitor payment of the specified general prevailing rate of per diem wages by the <br />subcontractor by periodic review of the subcontractor’s certified payroll records. <br /> <br />3. Upon becoming aware of a subcontractor’s failure to pay the specified prevailing rate of wages, the <br />Consultant shall diligently take corrective action to halt or rectify the failure, including, but not limited to, <br />retaining sufficient funds due the subcontractor for performance of the services described in Exhibit A. <br /> <br />4. Prior to making final payment to the subcontractor, the Consultant shall obtain an affidavit signed under <br />penalty of perjury from the subcontractor that the subcontractor has paid the specified general <br />prevailing rate of per diem wages for employees engaged in the performance of the services described <br />in Exhibit A and any amounts due pursuant to California Labor Code Section 1813. <br /> <br />C. In accordance with California Labor Code Section 1776, the Consultant and each subcontractor <br />engaged in performance of the services described in Exhibit A shall keep accurate payroll records <br />showing the name, address, social security number, work, straight time and overtime hours worked <br />each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or <br />other employee employed in performance of the services described in Exhibit A. Each payroll record <br />shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both <br />of the following: <br /> <br />1. The information contained in the payroll record is true and correct. <br /> <br />2. The employer has complied with the requirements of California Labor Code Sections 1771, 1811, and <br />1815 for any work performed by the employer’s employees on the public works project. <br /> <br />The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be <br />available for inspection by the Owner and its authorized representatives, the Division of Labor <br />Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial <br />Relations and shall otherwise be available for inspection in accordance with California Labor Code <br />Section 1776. <br /> <br />D. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the Consultant <br />and any subcontractors engaged in performance of the services described in Exhibit A, shall be <br />responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment <br />and payment of apprentices on public works contracts. <br />