Bid #01-1112 Library and Reprographics Roofing ... - Citrus College
Bid #01-1112 Library and Reprographics Roofing ... - Citrus College
Bid #01-1112 Library and Reprographics Roofing ... - Citrus College
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that such person hold a valid contractors license issued pursuant to California Business <strong>and</strong> Professions<br />
Code §§7000 et seq. <strong>and</strong> such person does not meet the burden of proof of his/her independent contractor<br />
status pursuant to California Labor Code §2750.5. In the event that Contractor shall employ any person in<br />
violation of the foregoing, Contractor shall be subject to the civil penalties under California Labor Code<br />
§1021.5 <strong>and</strong> any other penalty provided by law. In addition to the penalties provided under California Labor<br />
Code §1021.5, Contractor's violation of this Article 4.21.8 or the provisions of California Labor Code<br />
§1021.5 shall be deemed an event of Contractor's default under Article 15.1 of these General Conditions.<br />
The Contractor shall require any Subcontractor of any tier performing or providing any portion of the Work<br />
to adhere to <strong>and</strong> comply with the foregoing provisions.<br />
4.22 Labor Compliance Program. Pursuant to California Labor Code §1771.7, District has implemented a<br />
Labor Compliance Program. (See Section 00900). Contractor shall post “Notice of Initial Approval” of the District's<br />
Labor Compliance Program at the Site in accordance with California Code of Regulations §16429. The Labor<br />
Compliance Program includes, without limitation, provisions requiring Contractor to comply with the prevailing rates<br />
of wages, maintenance <strong>and</strong> submission of weekly certified payroll records, employment of apprentices <strong>and</strong>,<br />
compliance with legal hours of work, <strong>and</strong> debarment. Contractor, <strong>and</strong> any Subcontractors, are required to comply<br />
with the requirements of the Labor Compliance Program, at no additional cost to District. Contractor shall include,<br />
<strong>and</strong> shall require the Subcontractors to include, contractual provisions in all contracts they enter into for the<br />
performance of the Work, requiring each Subcontractor, of every tier, who furnishes any labor for the performance<br />
of Work, to comply with these provisions at no additional cost. Contractor <strong>and</strong> all Subcontractors shall comply with<br />
California Labor Code §§1720-1781, applicable regulations <strong>and</strong> the Labor Compliance Program, <strong>and</strong> shall pay<br />
appropriate penalties for failure to comply pursuant to the California Labor Code, including, but not limited to,<br />
Sections 1775, 1776, 1777.7 <strong>and</strong> 1813, <strong>and</strong> the Labor Compliance Program. Contractor will be responsible for all<br />
failures by all Subcontractors, to comply with the Districts’ LCP requirements. Contractor shall attend any preconstruction<br />
meetings held by the District <strong>and</strong>/or its Labor Compliance Program representatives to discuss labor<br />
requirements. Contractor <strong>and</strong> the Subcontractors shall allow the District, its Labor Compliance Program, the<br />
Department of Industrial Relations <strong>and</strong> designated representatives of each to conduct worker interviews at the Site<br />
during working hours. Compliance by Contractor with the requirements of this Article shall be a condition to<br />
Contractor’s right to payment under its Applications for Payment. For questions or assistance concerning the Labor<br />
Compliance Program, please contact Robert Iverson, Director of Purchasing <strong>and</strong> Warehouse, 1000 West<br />
Foothill Boulevard, Glendora, CA 91741, (626) 914-8888.<br />
4.23 Assignment of Antitrust Claims. Pursuant to California Public Contract Code §7103.5, the Contractor <strong>and</strong><br />
its Subcontractor(s), of any tier, hereby offers <strong>and</strong> agrees to assign to the District all rights, title <strong>and</strong> interest in <strong>and</strong><br />
to all causes of action they may have under Section 4 of the Clayton Act, (15 U.S.C. §15) or under the Cartwright<br />
Act (California Business <strong>and</strong> Professions Code §§16700 et seq.), arising from purchases of goods, services or<br />
materials hereunder or any Subcontract. This assignment shall be made <strong>and</strong> become effective at the time the<br />
District tenders Final Payment to the Contractor, without further acknowledgment by the parties. If the District<br />
receives, either through judgment or settlement, a monetary recovery in connection with a cause of action assigned<br />
under California Public Contract Code §7103.5, the assignor thereof shall be entitled to receive reimbursement for<br />
actual legal costs incurred <strong>and</strong> may, upon dem<strong>and</strong>, recover from the District any portion of the recovery, including<br />
treble damages, attributable to overcharges that were paid by the assignor but were not paid by the District as part<br />
of the Contract Price, less the expenses incurred by the District in obtaining that portion of the recovery. Upon<br />
dem<strong>and</strong> in writing by the assignor, the District shall, within one year from such dem<strong>and</strong>, reassign the cause of<br />
action assigned pursuant to this Article if the assignor has been or may have been injured by the violation of law for<br />
which the cause of action arose: <strong>and</strong> (i) the District has not been injured thereby; or (ii) the District declines to file a<br />
court action for the cause of action.<br />
ARTICLE 5: SUBCONTRACTORS<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 61 of 96