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<br />RFP No. 57818 – Design Services for a Treatment Wetland Page 35 of 43 <br /> <br />less than the prevailing wage rate. If a subcontractor worker engaged in performance of the <br />services described in Exhibit A is not paid the general prevailing per diem wages by the <br />subcontractor, the Consultant is not liable for any penalties therefore unless the Consultant had <br />knowledge of that failure or unless the Consultant fails to comply with all of the following <br />requirements: <br /> <br />1. The contract executed between the Consultant and the subcontractor for the performance of <br />part of the services described in Exhibit A shall include a copy of the provisions of California <br />Labor Code Sections 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 <br />by the 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, <br />the Consultant shall diligently take corrective action to halt or rectify the failure, including, but not <br />limited to, retaining sufficient funds due the subcontractor for performance of the services <br />described in Exhibit A. <br /> <br />4. Prior to making final payment to the subcontractor, the Consultant shall obtain an affidavit <br />signed under penalty of perjury from the subcontractor that the subcontractor has paid the <br />specified general prevailing rate of per diem wages for employees engaged in the performance <br />of the services described in Exhibit A and any amounts due pursuant to California Labor Code <br />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 <br />record shall contain or be verified by a written declaration that it is made under penalty of perjury, <br />stating both 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, <br />1811, and 1815 for any work performed by the employer’s employees on the public works <br />project. <br /> <br />The payroll records required pursuant to California Labor Code Section 1776 shall be certified and <br />shall be submitted directly to the Labor Commission, and available for inspection by the Owner and <br />its authorized representatives, the Division of Labor Standards Enforcement, the Division of <br />Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available <br />for inspection in accordance with California Labor Code Section 1776. <br /> <br />D. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the <br />Consultant and any subcontractors engaged in performance of the services described in Exhibit A, <br />221