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Last modified
9/29/2025 4:29:14 PM
Creation date
9/26/2022 12:32:26 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
9/6/2022
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PERM
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Reso 2022-143 NPSA Rubicon Amendment No. 6
(Amended)
Path:
\City Clerk\City Council\Resolutions\2022
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prevailing wages is not excusable if the Contractor or subcontractor had knowledge of their <br />obligations under the California Labor Code . The Contractor or subcontractor shall pay the <br />difference between the prevailing wage rates and th e amount paid to each worker for each <br />ca lendar day or portion thereof for which each worker was paid less than th e 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 Contractor is not liable <br />for any penalties therefore unless the Contractor had knowledge of that failure or unless the <br />Contractor fails to comply with all of the following requirements : <br />1. The contract executed between tile Contractor and the subcontractor for th e performance of <br />part of the services described in Exhibit A shall inc lud e a copy of the provisions of California <br />Labor Code Sections 1771,1775 , 1776 ,1777 .5, 1813. and 1815. <br />2. The Contractor shall monitor payment of the spec ifi ed general prevai ling 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 Contractor 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 Contractor shall obtain an affidavit <br />sign ed under penalty of perjury from th e 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 Exh ibit A and any amounts due pursuant to <br />California Labor Code Section 1813. <br />C. In accordance with California Labor Code Section 1776, the Contractor and each subcontractor <br />engaged in performance of the services described in Exhibit A shall keep accurate payroll <br />records showing the name, address, soc ial 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, statinq both of the followinq : <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 181 5 for any work performed by the emp loy er's emp loyees on the public works <br />project. <br />The payroll records required pursuant to California Labor Code Secti on 1776 shall be certified <br />and sent directly to the Labor Commissioner , and available for inspection by the Owner and its <br />Non-Professional Services Agreement between City of San Leandro and Rubicon Enterprises, Inc. for <br />Citywide Turf Maintenance Services <br />Exhibit C-Page 2 of 3
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