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75A - PH MACARTHUR PLACE SOUTH - SKYLINE TOWERS
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05/04/2009
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75A - PH MACARTHUR PLACE SOUTH - SKYLINE TOWERS
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Last modified
1/3/2012 4:21:17 PM
Creation date
4/29/2009 12:56:56 PM
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City Clerk
Doc Type
Agenda Packet
Item #
75A
Date
5/4/2009
Destruction Year
2014
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ATTACHMENT NO. 1 <br />TO EXHIBIT D <br />PREVAILING WAGE REQUIREMENT <br />A. Owner agrees to pay all workers employed in connection with the work to be performed <br />pursuant to the Agreement, not less than the prevailing rates of wages, as provided in the <br />statutes applicable to public works contracts of the City of Santa Ana ("Agency"}, including <br />without limitation Sections 1770-1780 of the California Labor Code. <br />B. Owner shall maintain accurate records showing the name, occupation and actual per diem, <br />regular, overtime and holiday wages paid to each worker and fringe benefits (as appropriate) <br />paid to or on behalf of each worker employed in connection with the work to be performed <br />pursuant to the Agreement, the hours worked by such workers and amounts withheld <br />pursuant to law. Such records shall be open to inspection by City staff at reasonable hours. <br />C. Owner shall cooperate with City staff or its consultants in carrying out any investigation of <br />any claim made by a worker employed by Owner that less than prevailing wages were paid <br />for work performed pursuant to the Agreement. Owner shall promptly pay any amount <br />determined by City to be the difference between the applicable prevailing wage for the <br />number of hours worked by the claimant and the amount actually paid to the claimant. <br />D. Owner agrees that, if requested by City, funds due to employee under the Agreement may be <br />withheld pending the completion of any investigation pursuant to Section C hereof to ensure <br />that the amount of any restitution, which may be required, is available. <br />E. Owner agrees that, if City determines that Owner has violated any provision of this <br />attachment/exhibit, funds otherwise due to Owner pursuant to the Agreement may be <br />withheld, or Owner may be required to post a bond or provide a Letter of Credit or other <br />security, in an amount sufficient to ensure that workers employed in connection with the <br />Agreement will receive the prevailing wages for the work to be performed, as determined to <br />be appropriate by City staff or consultants. <br />F. In the event that Owner subcontracts with an independent contractor for all or any part of the <br />work to be performed pursuant to the Agreement, and such subcontractor employs workers to <br />perform such work: <br />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 />2. In the event any such subcontractor is being investigated by City staff or consultants <br />pursuant to Section C hereof Owner shall, at the request of City, withhold funds from <br />such subcontractor prior to the completion of such investigation, to ensure that the <br />amount of any restitution which may be required is available. <br />Attachment No. 1-1 <br />to Exhibit D <br />DOCSOC/ 1 110339v 1 1 /245 79-000 1 <br />75A-66 <br />
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