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<br /> <br />Non-Professional Services Agreement between August 1, 2022 <br />City of San Leandro and Kirby Tree Service —Exhibit D Page 1 of 3 <br />EXHIBIT D <br /> <br />PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS <br />PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ. <br /> <br />HOURS OF WORK: <br /> <br />A. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the <br />services described in Exhibit A shall constitute a legal day’s work under this contract. <br /> <br />B. In accordance with California Labor Code Section 1811, the time of service of any worker <br />employed in performance of the services described in Exhibit A is limited to 8 hours during any <br />one calendar day, and 40 hours during any one calendar week, except in accordance with <br />California Labor Code Section 1815, which provides that work in excess of 8 hours during any <br />one calendar day and 40 hours during any one calendar week is permitted upon compensation <br />for all hours worked in excess of 8 hours during any one calendar day and 40 hours during any <br />one calendar week at not less than one-and-one-half times the basic rate of pay. <br /> <br />C. The Contractor and its subcontractors shall forfeit as a penalty to the City $25 for each worker <br />employed in the performance of the services described in Exhibit A for each calendar day during <br />which the worker is required or permitted to work more than 8 hours in any one calendar day, or <br />more than 40 hours in any one calendar week, in violation of the provisions of California Labor <br />Code Section 1810 and following. <br /> <br />WAGES: <br /> <br />A. In accordance with California Labor Code Section 1773.2, the City has determined the general <br />prevailing wages in the locality in which the services described in Exhibit A are to be performed <br />for each craft or type of work needed to be as published by the State of California Department of <br />Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the <br />City Public Works Office and shall be made available on request. The Contractor and <br />subcontractors engaged in the performance of the services described in Exhibit A shall pay no <br />less than these rates to all persons engaged in performance of the services or work. <br /> <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 />DocuSign Envelope ID: 216761D6-8B66-412E-8982-AA1F5A79C38A