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FXS:dft 5/04/95 (004/73) <br /> 5/09/95R <br /> 5/17/95R <br /> FXS:rg 6/20/95R <br /> 7/06/95R <br /> 7/20/95R <br /> (h) In accordance with the provisions of Article 4, Chapter <br /> <br />1, Part 7, Division 2 (commencing with §1860), and Chapter 4, <br />Part 1, Division 4 (commencing with ~3700) of the California <br />Labor Code, CM/CC is required to secure the payment of <br />compensation to his/her employees and for that purpose obtain and <br />keep in effect adequate Workers' Compensation insurance. If <br />CM/GC, in the sole discretion of City satisfies City of the <br />responsibility and capacity under the applicable Workers' <br />Compensation laws, if any, to act as self-insurer under of that <br />Code, CM/GC shall comply with such provisions before commencing <br />the performance of the work of this Agreement. <br /> <br /> (i) In accordance with the provisions of Section 1727 of <br />the California Labor Code, City, before making payment to CM/GC <br />of money due under a contract for public works, shall withhold <br />and retain therefrom all amounts which have been forfeited <br />pursuant to any stipulation in the Contract, and the terms of <br />Chapter 1, Part 7, Division 2 of the California Labor Code <br />(commencing with ~1720). But no sum shall be withheld, retained <br />or forfeited, except from the final payment, without a full <br />investigation by either the Division of Labor Law Enforcement or <br />by City. <br /> <br /> 22. COVENANT AGAINST CONTINGENT FEES. CM/GC hereby warrants <br />that CM/GC has not employed or retained any company or person, <br />other than a bona fide employee working for CM/GC, to solicit or <br />secure this Agreement, and CM/GC has not paid or agreed to pay <br />any company or person, other than a bona fide employee, any fee, <br />commission, percentage, brokerage fee, gift, or any other <br />consideration, contingent upon or resulting from the award or <br />21 <br /> <br /> <br />