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Last modified
9/30/2025 9:23:01 AM
Creation date
10/10/2022 9:26:23 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
10/3/2022
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PERM
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Reso 2022-168 Hamilton Tree Service Resolution
(Amended)
Path:
\City Clerk\City Council\Resolutions\2022
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<br />1. The contract executed between the Contractor and the subcontractor for the performance of part of the <br />services described in Exhibit A shall include a copy of the provisions of California Labor Code Sections <br />1771, 1775, 1776, 1777.5, 1813, and 1815. <br /> <br />2. The Contractor shall monitor payment of the specified general prevailing rate of per diem wages by the <br />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, the <br />Contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, <br />retaining sufficient funds due the subcontractor for performance of the services described in Exhibit A. <br /> <br />4. Prior to making final payment to the subcontractor, the Contractor shall obtain an affidavit signed u nder <br />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 described <br />in Exhibit A and any amounts due pursuant to California Labor Code Section 1813. <br /> <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 <br />the 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 <br />written declaration that it is made under penalty of perjury, 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, 1811, and <br />1815 for any work performed by the employer’s employees on the public works project. <br /> <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 of <br />the Department of Industrial Relations and shall otherwise be available for inspection in acco rdance with <br />California Labor Code Section 1776. <br /> <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 /> <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) <br />for which no minimum wage rate has been determined by the Director of the Department of Industrial <br />Relations, the Contractor or subcontractor shall pay the minimum rate of wages specified therein for the <br />classification which most nearly corresponds to services described in Exhibit A to be performed by that <br />person. The minimum rate thus furnished shall be applicable as a minimum for such trade or occupation <br />from the time of the initial employment of the person affected and during the continuance of such <br />employment.
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