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Bid #01-1112 Library and Reprographics Roofing ... - Citrus College

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given access to such records at the principal office of the Contractor; (iv) the Contractor shall file a<br />

certified copy of the payroll records with the entity that requested such records within ten (10) days<br />

after receipt of a written request; (v) any copy of records made available for inspection as copies <strong>and</strong><br />

furnished upon request to the public or any public agency by the District, the Division of Apprenticeship<br />

St<strong>and</strong>ards or the Division of Labor St<strong>and</strong>ards Enforcement shall be marked or obliterated in such a<br />

manner as to prevent disclosure of an individual's name, address <strong>and</strong> social security number. The<br />

name <strong>and</strong> address of the Contractor or any Subcontractor, of any tier, performing a part of the Work<br />

shall not be marked or obliterated. The Contractor shall inform the District of the location of payroll<br />

records, including the street address, city <strong>and</strong> county <strong>and</strong> shall, within five (5) working days, provide a<br />

notice of a change or location <strong>and</strong> address.<br />

4.21.5.3 Submission of Payroll Records. Contractor shall provide, <strong>and</strong> shall cause all<br />

Subcontractors to provide, payroll records as defined in Title 8 California Code of Regulations §16000<br />

to the District, within ten (10) days of written request, at no cost to the District. The District will not<br />

return documents to Contractor.<br />

4.21.5.4 Penalty For Noncompliance. In the event of noncompliance with the requirements of this<br />

Article 4.21.5, the Contractor shall have ten (10) days in which to comply, subsequent to receipt of<br />

written notice specifying in what respects the Contractor must comply herewith. Should noncompliance<br />

still be evident after such 10-day period, the Contractor shall, as a penalty to the District, forfeit Twenty-<br />

Five Dollars ($25.00) for each calendar day, or portion thereof, for each worker, until strict compliance<br />

is effectuated. Upon the request of the Division of Apprenticeship St<strong>and</strong>ards or the Division of Labor<br />

St<strong>and</strong>ards Enforcement, such penalties shall be withheld from any portion of the Contract Price then or<br />

thereafter due the Contractor. The responsibility for compliance with the foregoing provisions shall rest<br />

upon the Contractor.<br />

4.21.5.5 Liquidated Damages. Should Contractor neglect, fail or refuse to submit any documents<br />

pursuant to this Article 4.21.5, Contractor agrees to pay to the District the sum of twenty-five ($25)<br />

dollars per worker per day in liquidated damages, not as a penalty but as liquidated damages, for every<br />

day beyond ten (10) days after such documents are due. The liquidated damages amounts are agreed<br />

upon by <strong>and</strong> between the Contractor <strong>and</strong> the District because of the difficulty of fixing the District’s<br />

actual damages in the event of failure to submit such documents. The Contractor <strong>and</strong> District<br />

specifically agree that said amounts are reasonable estimates of the District’s damages in such event,<br />

<strong>and</strong> that such amounts do not constitute a penalty. The Contractor <strong>and</strong> District acknowledge <strong>and</strong><br />

agree that the liquidated damages contained in this provision are reasonable under the circumstances<br />

existing at the time of the Contractor’s execution of the Contract.<br />

4.21.6 Hours of Work<br />

4.21.6.1 Limits on Hours of Work. Pursuant to California Labor Code §1810, eight (8) hours of<br />

labor shall constitute a legal day's work. Pursuant to California Labor Code §1811, the time of service<br />

of any worker employed at any time by the Contractor or by a Subcontractor, of any tier, upon the Work<br />

or upon any part of the Work, is limited <strong>and</strong> restricted to eight (8) hours during any one calendar day<br />

<strong>and</strong> forty (40) hours during any one calendar week, except as hereafter provided. Notwithst<strong>and</strong>ing the<br />

foregoing provisions, Work performed by employees of Contractor or any Subcontractor, of any tier, in<br />

excess of eight (8) hours per day <strong>and</strong> forty (40) hours during any one week, shall be permitted upon<br />

compensation for all hours worked in excess of eight (8) hours per day at not less than one <strong>and</strong> onehalf<br />

(1½) times the basic rate of pay.<br />

4.21.6.2 Penalty for Excess Hours. The Contractor shall pay to the District a penalty of Twentyfive<br />

Dollars ($25.00) for each worker employed on the Work by the Contractor or any Subcontractor, of<br />

any tier, for each calendar day during which such worker is required or permitted to work more than<br />

<strong>Citrus</strong> Community <strong>College</strong> District <strong>Bid</strong> Due Date: November 15, 2011 at 3:00: p.m.<br />

<strong>Bid</strong> <strong>#01</strong>-<strong>1112</strong> <strong>Library</strong> <strong>and</strong> <strong>Reprographics</strong> <strong>Roofing</strong> Project Page 58 of 96

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