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<br />laws, if any, to act as self-insurer, he may so act, and in such case, the <br />insurance required by this paragraph need not be provided. <br /> <br />Contractor is advised of the provisions of Section 3700 of the California <br />labor Code, which requires every employer to be insured against liability for <br />Workers' Compensation or to undertake self-insurance in accordance with <br />the provisions of that Code, and shall comply with such provisions before <br />commencing the performance of the work of this Contract. <br /> <br />Before the Agreement between City and Contractor is entered into, <br />Contractor shall submit written evidence that it and any subcontractors have <br />obtained for the period of the Contract full Workers' Compensation insurance <br />coverage for all persons whom they employ or may employ in carrying out <br />the work under this Contract. This insurance shall be in accordance with the <br />requirements of the most current and applicable state <br /> <br />Workers' Compensation insurance laws. In accordance with the provisions <br />of Section 1861 of the California labor Code, the Contractor in signing this <br />Agreement certifies to City as true the following statement: <br /> <br />I am aware of the provisions of Section 3700 of the labor Code <br />which requires every employer to be insured against liability for <br />workers' compensation or to undertake self-insurance in <br />accordance with the provisions of that Code, and I will comply <br />with such provisions before commencing the performance of the <br />work of this Contract. <br /> <br />(i) In accordance with the provisions of Section 1727 of the California labor <br />Code, City, before making payment to Contractor of money due under a <br />contract for public works, shall withhold and retain therefrom all amounts <br />which have been forfeited pursuant to any stipulation in the Contract, and <br />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 <br />forfeited, except from the final payment, without a full investigation by <br />either the Division of labor law Enforcement or by City. <br /> <br />5. It is hereby agreed by the parties to the Agreement that in case all work called <br />for under the Agreement is not finished or completed on or before the time set <br />forth in this Agreement, damage will be sustained by City, and that it is and <br />will be impracticable and extremely difficult to ascertain and determine the <br />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 <br />the rate of Five Hundred and No/100 dollars ($500.00) per day as liquidated <br />damages for each and every calendar day's delay in finishing the work in <br />excess of the number of days prescribed, and Contractor agrees to pay said <br />liquidated damages as herein provided, and in case the same are not paid, <br />agrees that City may deduct the amount thereof from any monies due or that <br />may become due under this Agreement. <br /> <br />It is further agreed that in case the work called for under this Agreement is not <br />completed in all of its parts and requirements within the number of calendar <br />days specified, City shall have the right to increase the number of calendar <br /> <br />AGREEMENT <br />03/06/98 <br /> <br />00200-4 <br /> <br />r <br /> <br />H r""-""".'" T <br />