San Leandro Municipal Code Art. 4 Prevailing Wages

(Legislative History: Ordinance No. 85-039, 10/28/85; Ordinance No. 2014-018, 11/3/14 (Section 1-5-400))

The provisions of this Article shall apply to the following contracts:

(a) City contracts for performance of public works valued in excess of Five thousand dollars; and

(b) Contracts between private persons for the performance of construction work under either of the following circumstances:

(1) The property subject to the construction work is privately owned, but upon completion of construction more than 50% of the gross leasable area is leased to the City for its use and such construction work is performed according to the plans and specifications of the City; or

(2) The property subject to the construction work is owned in fee by the City and is leased for private use or development.

Not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the contracts subject to the provisions of this Article are performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in Chapter 1 of Part 7 of Division 2 of the Labor Code (commencing at Section 1720 et seq.), shall be paid to all workers employed on such works. For purposes of this Article, workers employed by contractors or subcontractors in the execution of any contract subject to the provisions of this Article are deemed to be employed upon public work.

The contractor for all contracts subject to the provisions of this Article shall forfeit as penalty to the City Twenty-five dollars per calendar day or portion thereof for each worker paid less than the prevailing rates for such work or craft in which such worker is employed for any work done under the contract, or by any subcontractor under him or her. In addition to said penalty, the difference between the prevailing rates and the amounts paid for each worker less than the prevailing wage rates shall be paid to each worker by the contractor.

The determinations of the Director of the Department of Industrial Relations pursuant to Labor Code Section 1720 shall constitute the general prevailing rate of per diem wages for purposes of this Article. Nothing in this Article shall be construed to prohibit payment of more than the general rate of prevailing wages.

The City Clerk shall maintain for public inspection, the current wage determinations of the Director of the Department of Industrial Relations. All contracts subject to the provisions of this Article shall reference the obligations imposed hereby. Any contractor subject to the provisions hereof shall post a copy of the general prevailing rate of wages applicable to the work to be done at the job site.

The provisions of Section 1776 of the Labor Code pertaining to records, retention and inspection thereof shall be applicable to all contracts subject to the provisions of this Article.