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Consulting Services Agreement between City of San Leandro and <br />Leland Environmental Solutions Corp for WPCP Dirt Relocation Exhibit E – Page 2 of 3 <br />prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of <br />prevailing wages is not excusable if the Consultant or subcontractor had knowledge of their <br />obligations under the California Labor Code. The Consultant or subcontractor shall pay the <br />difference between the prevailing wage rates and the amount paid to each worker for each <br />calendar day or portion thereof for which each worker was paid less than the prevailing wage <br />rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is <br />not paid the general prevailing per diem wages by the subcontractor, the Consultant is not liable <br />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 />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 />2.The Consultant shall monitor payment of the specified general prevailing rate of per diem <br />wages by the subcontractor by periodic review of the subcontractor’s certified payroll <br />records. <br />3.Upon becoming aware of a subcontractor’s failure to pay the specified prevailing rate of <br />wages, the Consultant shall diligently take corrective action to halt or rectify the failure, <br />including, but not limited to, retaining sufficient funds due the subcontractor for performance <br />of the services described in Exhibit A. <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 <br />performance of the services described in Exhibit A and any amounts due pursuant to <br />California Labor Code Section 1813. <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 <br />records showing the name, address, social security number, work, straight time and overtime <br />hours worked each day and week, and the actual per diem wages paid to each journeyman, <br />apprentice, worker, or other employee employed in performance of the services described in <br />Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made <br />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, <br />1811, and 1815 for any work performed by the employer’s employees on the public works <br />project. <br />The payroll records required pursuant to California Labor Code Section 1776 shall be certified <br />and shall be submitted directly to the Labor Commission, and available for inspection by the