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self-insurer, he may so act, and in such case, the insurance required by this paragraph need not be provided. Contractor is advised of the provisions of Section 3700 of the California 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 shall comply with such provisions before commencing the performance of the work of this Contract. Before the Agreement between City and Contractor is entered into, Contractor shall submit written evidence that it and any subcontractors have obtained for the period of the Contract full Workers' Compensation insurance coverage for all persons whom they employ or may employ in carrying out the work under this Contract. This insurance shall be in accordance with the requirements of the most current and applicable state Workers' Compensation insurance laws. In accordance with the provisions of Section 1861 of the California Labor Code, the Contractor in signing this Agreement certifies to City as true the following statement: I 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. FEDERAL REQUIREMENTS PARAGRAPHS 5 THROUGH 8 5. Compliance with Davis-Bacon Act. In addition to the applicable California Labor laws, Contractor agrees to comply with the applicable requirements of the Davis- Bacon Act, including but not limited to the wage rate requirements as set forth in Title 40, Subtitle II, Part A, Chapter 31, Subchapter IV of the United States Code. 6. Reportina Requirements. Contractor agrees to cooperate and assist the City in its efforts to comply with the reporting requirements and any other requirements established for CDBG-R funding pursuant to the American Recovery and Reinvestment Act of 2009 (Public Law 111-005), the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282) and all related Acts specified or referenced therein. A TTY /AGR/201 0.009 021610 4