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Non-Professional Services Agreement between City of San Leandro and <br />RTC Construction Management, Inc. for WPCP Pipe Removal & Relocation Project Page 19 of 20 <br />Contractor had knowledge of that failure or unless the Contractor fails to comply with all of the following <br />requirements: <br />1.The contract executed between the Contractor and the subcontractor for the performance of part of <br />the services described in Exhibit A shall include a copy of the provisions of California Labor Code <br />Sections 1771, 1775, 1776, 1777.5, 1813, and 1815. <br />2. The Contractor shall monitor payment of the specified general prevailing rate of per diem wages by <br />the subcontractor by periodic review of the subcontractor’s certified payroll records. <br />3. Upon becoming aware of a subcontractor’s failure to pay the specified prevailing rate of wages, the <br />Contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited <br />to, retaining sufficient funds due the subcontractor for performance of the services described in <br />Exhibit A. <br />4. Prior to making final payment to the subcontractor, the Contractor shall obtain an affidavit signed <br />under 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 <br />described in Exhibit A and any amounts due pursuant to California Labor Code Section 1813. <br />C. In accordance with California Labor Code Section 1776, the Contractor and each subcontractor engaged in <br />performance of the services described in Exhibit A shall keep accurate payroll records showing the name, <br />address, social security number, work, straight time and overtime hours worked each day and week, and the <br />actual per diem 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 or be verified by a written <br />declaration that it is made under penalty of perjury, stating both of the following: <br />1. The information contained in the payroll record is true and correct. <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 />The payroll records required pursuant to California Labor Code Section 1776 shall be certified and sent <br />directly to the Labor Commissioner, and available for inspection by the Owner and its authorized <br />representatives, the Division of Labor Standards Enforcement, the Division of Apprenticeship Standards <br />of the Department of Industrial Relations and shall otherwise be available for inspection in accordance <br />with California Labor Code Section 1776. <br />D. In accordance with California Labor Code Section 1777.5, the Contractor, on behalf of the Contractor and <br />any subcontractors engaged in performance of the services described in Exhibit A, shall be responsible for <br />ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of <br />apprentices on public works contracts. <br />E. In case it becomes necessary for the Contractor or any subcontractor engaged in performance of the <br />services described in Exhibit A to employ for the services described in Exhibit A any person in a trade or <br />occupation (except executive, supervisory, administrative, clerical, or other non manual workers as such) for <br />223