NSPA - Final SWIMS Storm Drain Inspections.pdf

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Non-Professional Services Agreement between January 12, 2023 City of San Leandro and Alameda County Resource Conservation SWIMS Exhibit C Page 2 of 3 obligations under the California Labor Code. The SWIMS or sub-Contractor shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate. If a sub-Contractor worker engaged in performance of the services described in Exhibit A is not paid the general prevailing per diem wages by the sub-Contractor, the SWIMS is not liable for any penalties therefore unless the SWIMS had knowledge of that failure or unless the SWIMS fails to comply with all of the following requirements: 1. The contract executed between the SWIMS and the sub-Contractor for the performance of part of the services described in Exhibit A shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815. 2. The SWIMS shall monitor payment of the specified general prevailing rate of per diem wages by the sub-Contractor by periodic review of the sub-Contractor’s certified payroll records. 3. Upon becoming aware of a sub-Contractor’s failure to pay the specified prevailing rate of wages, the SWIMS shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the sub-Contractor for performance of the services described in Exhibit A. 4. Prior to making final payment to the sub-Contractor, the SWIMS shall obtain an affidavit signed under penalty of perjury from the sub-Contractor that the sub-Contractor has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the services described in Exhibit A and any amounts due pursuant to California Labor Code Section 1813. C. In accordance with California Labor Code Section 1776, the SWIMS and each sub-Contractor engaged in performance of the services described in Exhibit A shall keep accurate payroll records showing the name, address, social security number, work, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the services described in Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: 1. The information contained in the payroll record is true and correct. 2. The employer has complied with the requirements of California Labor Code Sections 1771, 1811, and 1815 for any work performed by the employer’s employees on the public works project. The payroll records required pursuant to California Labor Code Section 1776 shall be certified and sent directly to the Labor Commissioner, and available for inspection by the Owner and its authorized representatives, the Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776. DocuSign Envelope ID: 3CF5F1DA-0970-4726-A2E8-F5B25AD4C567