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ATTACHMENT NO. 1 TO EXHIBIT D PREY AILING WAGE REQUIREMENT A. Owner agrees to pay all workers employed in connection with the work to be performed pursuant to the Agreement, not less than the prevailing rates of wages, as provided in the statutes applicable to public works contracts of the City of Santa Ana ("Agency"), including without limitation Sections 1770-1780 of the California Labor Code. B. Owner shall maintain accurate records showing the name, occupation and actual per diem, regular, overtime and holiday wages paid to each worker and fringe benefits (as appropriate) paid to or on behalf of each worker employed in connection with the work to be performed pursuant to the Agreement, the hours worked by such workers and amounts withheld pursuant to law. Such records shall be open to inspection by City staff at reasonable hours. C. Owner shall cooperate with City staff or its consultants in carrying out any investigation of any claim made by a worker employed by Owner that less than prevailing wages were paid for work performed pursuant to the Agreement. Owner shall promptly pay any amount determined by City to be the difference between the applicable prevailing wage for the number of hours worked by the claimant and the amount actually paid to the claimant. D. Owner agrees that, if requested by City, funds due to employee under the Agreement may be withheld pending the completion of any investigation pursuant to Section C hereof to ensure that the amount of any restitution, which may be required, is available. E. Owner agrees that, if City determines that Owner has violated any prOVISIOn of this attachment/exhibit, funds otherwise due to Owner pursuant to the Agreement may be withheld, or Owner may be required to post a bond or provide a Letter of Credit or other security, in an amount sufficient to ensure that workers employed in connection with the Agreement will receive the prevailing wages for the work to be performed, as determined to be appropriate by City staff or consultants. F. In the event that Owner subcontracts with an independent contractor for all or any part of the work to be performed pursuant to the Agreement, and such subcontractor employs workers to perform such work: 1. Owner shall assure that such subcontract includes and incorporates this attachment/exhibit and requires such subcontractor to comply with and be bound by the provisions hereof as the "Owner" with regard to the workers so employed. 2. In the event any such subcontractor is being investigated by City staff or consultants pursuant to Section C hereof Owner shall, at the request of City, withhold funds from such subcontractor prior to the completion of such investigation, to ensure that the amount of any restitution which may be required is available. Attachment No. 1-1 to Exhibit D DOCSOC/l 1 10339vl 1/24579-0001 11 B-52