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

e computed on the basis of the hours worked during the day by journeymen so employed. The
Contractor shall employ apprentices for the number of hours computed as above before the end of the
Contract, and Subcontractors before the end of the subcontract. The Contractor shall, however,
endeavor, to the greatest extent possible, to employ apprentices during the same time period that the
journeymen in the same craft or trade are employed at the site of the Work. Any Work performed by a
journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the
hourly ratio required by this Article. Where an hourly apprenticeship ratio is not feasible for a particular
craft or trade, the Division of Apprenticeship Standards, upon application of an apprenticeship
committee, may order a minimum ratio of not less than one apprentice for each five journeymen in a
craft or trade classification. Upon proper showing by the Contractor or Subcontractor that it employs
apprentices in such craft or trade in the State of California on all of its contracts on an annual average
of not less than one apprentice to each five journeymen, the Division of Apprenticeship Standards may
grant a certificate exempting the Contractor from the 1-to-5 ratio as set forth in this Article and
California Labor Code §1777.5.
4.21.7.5 Exemption from Ratios. The Joint Apprenticeship Committee shall have the discretion to
grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship,
exempting the Contractor from the 1-to-5 ratio set forth in this Article when it finds that any one of the
following conditions are met: (i) unemployment for the previous three-month period in such area
exceeds an average of fifteen percent (15%) or; (ii) the number of apprentices in training in such area
exceeds a ratio of 1-to-5 in relation to journeymen, or; (iii) the Apprenticeable Craft or Trade is
replacing at least one-thirtieth (1/30) of its journeymen annually through apprenticeship training, either
on a statewide basis or on a local basis, or; (iv) if assignment of an apprentice to any Work performed
under a public works contract would create a condition which would jeopardize such apprentice's life or
the life, safety or property of fellow employees or the public at large, or if the specific task to which the
apprentice is to be assigned is of such a nature that training cannot be provided by a journeyman.
When such exemptions from the 1-to-5 ratio between apprentices and journeymen are granted to an
organization which represents contractors in a specific trade on a local or statewide basis, the member
contractors will not be required to submit individual applications for approval to local Joint
Apprenticeship Committees, provided they are already covered by the local apprenticeship standards.
4.21.7.6 Contractor's Compliance. The responsibility of compliance with this Article for all
Apprenticeable Trades or Crafts is that of the Contractor. In the event the Contractor knowingly fails to
comply with the provisions of this Article and California Labor Code §1777.5, pursuant to California
Labor Code §1777.7, the Contractor shall forfeit, as a civil penalty, not more than One Hundred Dollars
($100.00) for each calendar day of noncompliance. A contractor or subcontractor that knowingly
commits a second or subsequent violation of this Article and California Labor Code §1777.5 shall forfeit
as a civil penalty not more than Three Hundred Dollars ($300.00) for each calendar day of
noncompliance. Notwithstanding the provisions of California Labor Code §1727, upon receipt of a
determination that a civil penalty has been assessed by the Chief of the Division of Apprenticeship
Standards, the District shall withhold such amount from the Contract Price then due or to become due.
In the event a Contractor or Subcontractor is determined by the Chief to have knowingly committed a
serious violation of Labor Code §1777.5, the Chief may also deny the Contractor or Subcontractor and
its responsible officers the right to be on or be awarded or perform work as a subcontractor on any
public works contract for a period of up to one (1) year for a first violation and up to three (3) years for a
second or subsequent violation.
4.21.8 Employment of Independent Contractors. Pursuant to California Labor Code §1021.5, Contractor
shall not willingly and knowingly enter into any agreement with any person, as an independent contractor,
to provide any services in connection with the Work where the services provided or to be provided requires
Citrus Community College District Bid Due Date: November 15, 2011 at 3:00: p.m.
Bid #01-1112 Library and Reprographics Roofing Project Page 60 of 96