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<br />EXHffiIT "D" <br /> <br />PREVAILING WAGE REQUIREMENT <br /> <br />A. Owner agrees to pay all workers employed in connection with the work to be <br />performed pursuant to this Agreement, not less than the prevailing rates of wages, as provided <br />in the statutes applicable to public works contracts ofthe City of Santa Ana ("City"), <br />including without limitation Sections 1770-1780 of the California Labor Code. <br /> <br />B. Owner shall maintain accurate records showing the name, occupation and actual per <br />diem, regular, overtime and holiday wages paid to each worker and fringe benefits (as <br />appropriate) paid to or on behalf of each worker employed in connection with the work to be <br />performed pursuant to this Agreement, the hours worked by such workers and amounts <br />withheld pursuant to law. Such records shall be open to inspection by City staff at reasonable <br />hours. <br /> <br />C. Owner shall cooperate with City staff or its consultants in carrying out any <br />investigation of any claim made by a worker employed by Owner that less than prevailing <br />wages were paid for work performed pursuant to this Agreement. Owner shall promptly pay <br />any amount determined by City to be the difference between the applicable prevailing wage <br />for the number of hours worked by the claimant and the amount actually paid to the claimant. <br /> <br />D. Owner agrees that, if requested by City, funds due to employee under this Agreement <br />may be withheld pending the completion of any investigation pursuant to Section C hereof to <br />ensure that the amount of any restitution, which may be required, is available. <br /> <br />E. Owner agrees that, if City determines that Owner has violated any provision of this <br />exhibit, Owner may be required to post a bond or provide a Letter of Credit or other security, <br />in an amount sufficient to ensure that workers employed in connection with this Agreement <br />will receive the prevailing wages for the work to be performed, as determined to be <br />appropriate by City staff or consultants. <br /> <br />F. In the event that Owner subcontracts with an independent contractor for all or any part <br />of the work to be performed pursuant to this Agreement, and such subcontractor employs <br />workers to perform such work: <br /> <br />1. Owner shall assure that such subcontract includes and incorporates this <br />attachment/exhibit and requires such subcontractor to comply with and be bound by <br />the provisions hereof as the "Owner" with regard to the workers so employed. <br /> <br />2. In the event any such subcontractor is being investigated by City staff or <br />consultants pursuant to Section C hereof Owner shall, at the request of City, withhold <br />funds from such subcontractor prior to the completion of such investigation, to ensure <br />that the amount of any restitution which may be required is available. <br /> <br />13 <br />