Agmt02 S. G. Barber Cons... (2) - Laserfiche WebLink

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provisions of Section 1861 of the California Labor Code, the contractor in signing this Agreement certifies to City as true the following statement: "1 am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract." (i) In accordance with the provisions of Section 1727 of the California Labor Code, City, before making payment to Contractor of money due under a contract for public works, shall withhold and retain therefrom all amounts which have been forfeited pursuant to any stipulation in the Contract, and the terms of Chapter 1, Part 7, Division 2 of the California Labor Code (commencing with Section 1720). But no sum shall be withheld, retained or forfeited, except from the final payment, without a full investigation by either the Division of Labor Law Enforcement or by City. (j) Notwithstanding the foregoing, Contractor shall comply with the general wage determination under the "Davis-Bacon Act" as set out in the U.S. Department of Labor General Wage Decision No. CA 93-4 and General Wage Decision Modifications Nos. 0 through 5 and/or general wage determinations applicable to this work published in the Federal Register pursuant to 29 CFR, Subtitle A, Part 1, Section 1.5(b); as well as all other requirements of the Davis-Bacon Act. Copies of said General Wage Decision and said Federal Register pages are on file with the City Clerk. (k) If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, Contractor and its subcontractors shall pay not less than the higher wage rate. City will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. This includes "helper" (or other classifications based on hours of experience) or any other classification not appearing in the Federal wage determinations. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by Contractor and its subcontractors, Contractor and its subcontractors shall pay not less than the Federal minimum wage rate which most closely approximates the duties of the employees in question. (I) Contractor shall also comply with the provisions of 29 CFR 5a.3 and all amendments thereto, relating to Labor Standards for ratios of apprentices and trainees to journey persons. (m) Contractor and each subcontractor shall furnish to City within seven days after the regular payment date of the weekly payroll period, a statement with respect to wages paid to each of their respective employees, in accordance with the Davis- Bacon Act, as amended. (n) Violators of the aforementioned labor provisions shall be subject to penalties provided by appropriate state, federal and local statutes, the particulars of which are set forth more fully in the Contract Specifications. F:Atty/Agr/Agr.068 4 082002