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Agmt13 Nichols Diamond Tool, Inc.
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Agmt13 Nichols Diamond Tool, Inc.
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Last modified
11/25/2013 9:39:25 AM
Creation date
11/25/2013 9:37:46 AM
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Agreement
Contractor Name
Nichols Diamond Tool, Inc.
PROJECT NAME
RWC Public Library Concrete Wall Penetration 1400 Middlefield Road
RMP File Number
304.5
Date
11/21/2013
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(1) A certified copy of an employee's payroll record shall be made available for <br /> inspection or furnished to the employee or his or her authorized representative on <br /> request. <br /> (2) A certified copy of all payroll records enumerated in Paragraph 4(fl, herein, shall <br /> be made available for inspection or furnished upon request to the City,the Division <br /> of Labor Standards Enforcement, and the Division of Apprenticeship Standards of <br /> the Department of Industrial Relations. <br /> (3) A certified copy of all payroll records enumerated in Paragraph 4(fl, herein, shall <br /> be made available upon request by the public for inspection or copies thereof <br /> made; provided,however,that a request by the public shall be made eitherthrough <br /> the City, the Division of Apprenticeship Standards or the Division of Labor <br /> Standards Enforcement. If the requested payroll records have not been provided <br /> pursuant to Subparagraph 4(fl(2) herein, the requesting party shall, prior to being <br /> provided the records, reimburse the costs of preparation by Contractor, <br /> subcontractors, and the entity through which the request was made. The public <br /> shall not be given access to the records at the principal offices of the Contractor. <br /> Contractor and each subcontractor shall file a certified copy of the records, <br /> enumerated in Paragraph 4(fl with the entity that requested the records within 10 <br /> days after receipt of a written request. Any copy of records made available for <br /> inspection and copies furnished upon request to the public or City, the Division of <br /> Apprenticeship Standards, or the Division of Labor Standards Enforcement shall <br /> be marked or obliterated in such a manner as to prevent disclosure of an <br /> individual's name, address, and social security number. The name and address <br /> of Contractor awarded the Contract or performing the Contract shall not be marked <br /> or obliterated. Contractor shall inform City of the location of the records <br /> enumerated under Paragraph 4(fl including the street address, city and county, <br /> and shall, within 5 working days, provide a notice of change of location and <br /> address. In the event of noncompliance with the requirements of Paragraph 4(fl, <br /> Contractor shall have 10 days in which to comply subsequent to receipt of written <br /> notice specifying in what respects Contractor must comply with said paragraph. <br /> Should non-compliance still be evident after the 10-day period, Contractor shall, <br /> as a penaliy to the State or City, forFeit Twenty-five Dollars ($25.00) for each <br /> calendar day, or portion thereof, for each worker, until strict compliance is <br /> effectuated. Upon the request of the Division of Apprenticeship Standards or the <br /> Division of Labor Standards Enforcement, these penalties shall be withheld from <br /> progress payments then due. Responsibility for compliance with Paragraph 4(fl <br /> lies with Contractor. <br /> (g) Contractor and any subcontractors shall, when they employ any person in any <br /> apprenticeable craft or trade, apply to the joint apprenticeship committee administering the <br /> apprenticeship standards of the craft or trade in the area of the construction site for a <br /> certificate approving Contractor or subcontractor underthe apprenticeship standardsforthe <br /> employment and training of apprentices in the area or industry affected; and shall comply <br /> with all other requirements of Section 1777.5 of the California Labor Code. The <br /> responsibility of compliance with California Labor Code Section 1777.5 during the <br /> perFormance of this Contract rests with Contractor. Pursuant to California Labor Code <br /> Section 1777.7, in the event Contractor willfully fails to comply with the provisions of <br /> California Labor Code Seation 1777.5, Contractor shall be denied the right to bid on any <br /> public works contract for one year from the date noncompliance is determined and be <br /> assessed civil penalties. <br /> REV:11-0413 VR <br /> ATTY/AGR/2013.215/NICHOLAS CONCRETE CUTTING <br /> Page 9 of 12 <br />
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