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Agmt01 Granite Rock Company
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Agmt01 Granite Rock Company
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Last modified
7/25/2005 11:49:54 AM
Creation date
7/21/2005 12:30:06 PM
Metadata
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Template:
Agreement
Contractor Name
Granite Rock Company
PROJECT NAME
asphalt concrete materials
RMP File Number
304
Reso Ref
14308
Box
5942
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<br />employ or may employ in carrying out the work under this Contract. This insurance <br />shall be in accordance with the requirements of the most current and applicable state <br />Workers' Compensation insurance laws. In accordance with the provisions of Section <br />1861 of the California Labor Code, the Contractor in signing this Agreement certifies to <br />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 accordance <br />with the provisions of that Code, and I will comply with such <br />provisions before commencing the performance of the work of this <br />Contract. <br /> <br />(i) In accordance with the provisions of Section 1727 of the California Labor Code, City, <br />before making payment to Contractor of money due under a contract for public works, <br />shall withhold and retain therefrom all amounts which have been forfeited pursuant to <br />any stipulation in the Contract, and the terms of Chapter 1, Part 7, Division 2 of the <br />California Labor Code (commencing with Section 1720). But no sum shall be withheld, <br />retained or forfeited, except from the final payment, without a full investigation by either <br />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 for under <br />the Agreement is not finished or completed on or before the time set forth in this <br />Agreement, damage will be sustained by City, and that it is and will be impracticable and <br />extremely difficult to ascertain and determine the actual damage which the City will <br />sustain in event of and by reason of such delay; it is therefore agreed Contractor will pay <br />to City the sum calculated at the rate of Five Hundred and No/100 dollars ($500.00) per <br />day as liquidated damages for each and every calendar day's delay in finishing the work <br />in excess of the number of days prescribed, and Contractor agrees to pay said liquidated <br />damages as herein provided, and in case the same are not paid, agrees that City may <br />deduct the amount thereof from any monies due or that may become due under this <br />Agreement. <br /> <br />It is further agreed that in case the work called for under this Agreement is not completed <br />in all of its parts and requirements within the number of calendar days specified, City <br />shall have the right to increase the number of calendar days or not, as may seem best to <br />serve the interest of City; and if it is decided to increase the said number of calendar <br />days, City shall further have the right to charge to Contractor, and deduct from the final <br />payment for the work, all or any part, as City may deem proper, of the actual cost of <br />engineering, inspection, superintendence, and other overhead expenses of City which <br />are directly chargeable to this Agreement, except that the cost of final surveys and the <br />preparation of the final estimate shall not be included in such charges to be paid by <br />Contractor. <br /> <br />6. Except as otherwise may be provided herein, Contractor hereby expressly guarantees for <br />one (1) full year from the date of the final completion of the work under this Agreement <br />and acceptance thereof by City's City Council, to repair or replace any part of the work <br />performed hereunder which constitutes a defect resulting from the use of inferior or <br /> <br />Agmt-381 <br />DES:djk <br />F: Shared/Redwood/Council <br />08/02/00 <br /> <br />00200-4 <br /> <br />. .--.. .. .. -.,.......-.. <br />
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