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8D Consent 2016 0321
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8D Consent 2016 0321
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Last modified
6/5/2019 9:14:20 AM
Creation date
3/16/2016 4:13:41 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
3/21/2016
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PERM
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_CC Agenda 2016 0321 RG
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2016\Packet 2016 0321
Reso 2016-036
(Reference)
Path:
\City Clerk\City Council\Resolutions\2016
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EXHIBIT C <br />PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS <br />PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ. <br />HOURS OF WORK: <br />A. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the services <br />described in Exhibit A shall constitute a legal day's work under this contract. <br />B. In accordance with California Labor Code Section 1811, the time of service of any worker employed in <br />performance of the services described in Exhibit A is limited to 8 hours during any one calendar day, and <br />40 hours during any one calendar week, except in accordance with California Labor Code Section 1815, <br />which provides that work in excess of 8 hours during any one calendar day and 40 hours during any one <br />calendar week is permitted upon compensation for all hours worked in excess of 8 hours during any one <br />calendar day and 40 hours during any one calendar week at not less than one -and -one-half times the <br />basic rate of pay. <br />C. The Contractor and its subcontractors shall forfeit as a penalty to the City $25 for each worker employed in <br />the performance of the services described in Exhibit A for each calendar day during which the worker is <br />required or permitted to work more than 8 hours in any one calendar day, or more than 40 hours in any <br />one calendar week, in violation of the provisions of California Labor Code Section 1810 and following. <br />WAGES: <br />A. In accordance with California Labor Code Section 1773.2, the City has determined the general prevailing <br />wages in the locality in which the services described in Exhibit A are to be performed for each craft or type <br />of work needed to be as published by the State of California Department of Industrial Relations, Division of <br />Labor Statistics and Research, a copy of which is on file in the City Public Works Office and shall be made <br />available on request. The Contractor and subcontractors engaged in the performance of the services <br />described in Exhibit A shall pay no less than these rates to all persons engaged in performance of the <br />services or work. <br />B. In accordance with California Labor Code Section 1775, the Contractor and any subcontractors <br />engaged in performance of the services described in Exhibit A shall comply with California Labor <br />Code Section 1775, which establishes penalties per day for each worker engaged in the <br />performance of the services described in Exhibit A that the Contractor or any subcontractor pays <br />less than the specified prevailing wage. The amount of such penalty shall be determined by the <br />Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or <br />neglect of the Contractor or subcontractor in failing to pay the correct rate of prevailing wages, or <br />the previous record of the Contractor or subcontractor in meeting applicable prevailing wage <br />obligations, or the willful failure by the Contractor or subcontractor to pay the correct rates of <br />prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of <br />prevailing wages is not excusable if the Contractor or subcontractor had knowledge of their <br />Non -Professional Services Agreement between City of San Leandro and [MM/DD/YYYY] <br />for Exhibit C — Page 1 of 3 <br />
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