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<br />(g) Contractor and any subcontractors shall, when they employ any person in any apprenticeable <br />craft or trade, apply to the joint apprenticeship committee administering the apprenticeship <br />standards of the craft or trade in the area of the construction site for a certificate approving <br />Contractor or subcontractor under the apprenticeship standards for the employment and training <br />of apprentices in the area or industry affected; and shall comply with all other requirements of <br />Section 1777.5 of the California Labor Code. The responsibility of compliance with California <br />Labor Code Section 1777.5 during the performance of this Contract rests with Contractor. <br />Pursuant to California Labor Code Section 1777.7, in the event Contractor willfully fails to comply <br />with the provisions of California Labor Code Section 1777.5, Contractor shall be denied the right <br />to bid on any public works contract for one year from the date noncompliance is determined and <br />be assessed civil penalties. <br /> <br />(h) In accordance with the provisions of Article 5, Chapter 1, Part 7, Division 2 (commencing with <br />Section 1860), and Chapter 4, Part 1, Division 4 (commencing with Section 3700) of the <br />California Labor Code, Contractor is required to secure the payment of compensation to his <br />employees and for that purpose obtain and keep in effect adequate Worker's Compensation <br />insurance. If Contractor, in the sole discretion of City satisfies City of the responsibility and <br />capacity under the applicable Workers' Compensation laws, if any, to act as self-insurer, he may <br />so act, and in such case, the insurance required by this paragraph need not be provided. <br /> <br />Contractor is advised of the provisions of Section 3700 of the California Labor Code, which <br />requires every employer to be insured against liability for Workers' Compensation or to <br />undertake self-insurance in accordance with the provisions of that Code, and shall comply with <br />such provisions before commencing the performance of the work of this Contract. <br /> <br />Before the Agreement between City and Contractor is entered into, Contractor shall submit <br />written evidence that it and any subcontractors have obtained for the period of the Contract full <br />Workers' Compensation insurance coverage for all persons whom they employ or may employ in <br />carrying out the work under this Contract. This insurance shall be in accordance with the <br />requirements of the most current and applicable state Workers' Compensation insurance laws. <br />In accordance with the provisions of Section 1861 of the California Labor Code, the Contractor <br />in signing this Agreement certifies to City as true the following statement: <br /> <br />I am aware of the provisions of Section 3700 of the Labor Code which <br />requires every employer to be insured against liability for workers' <br />compensation or to undertake self-insurance in accordance with the <br />provisions of that Code, and I will comply with such provisions before <br />commencing the performance of the work of this Contract. <br /> <br />(i) In accordance with the provisions of Section 1727 of the California Labor Code, City, before <br />making payment to Contractor of money due under a contract for public works, shall withhold <br />and retain therefrom all amounts which have been forfeited pursuant to any stipulation in the <br />Contract, and the terms of Chapter 1, Part 7, Division 2 of the California Labor Code <br />(commencing with Section 1720). But no sum shall be withheld, retained or forfeited, except <br />from the final payment, without a full investigation by either the Division of Labor Law <br />Enforcement or by City. <br /> <br />5. It is hereby agreed by the parties to the Agreement that in case all work called for under the <br />Agreement is not finished or completed on or before the time set forth in this Agreement, damage <br />will be sustained by City, and that it is and will be impracticable and extremely difficult to ascertain <br />and determine the actual damage which the City will sustain in event of and by reason of such <br />delay; it is therefore agreed Contractor will pay to City the sum calculated at the rate of Five <br /> <br />Agmt-405 <br />DES:djk <br />F:/SharedJRedwood/Co uncil <br />09/28/00 <br /> <br />3 <br />