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Agmt98 Environmental Care - Arb
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Agmt98 Environmental Care - Arb
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Last modified
8/25/2005 11:24:24 AM
Creation date
8/25/2005 11:15:23 AM
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Template:
Agreement
Contractor Name
Environmental Care - Arbor Care
PROJECT NAME
comprehensive street tree maintenance
RMP File Number
304
Date
11/9/1998
Reso Ref
13378 13425
Box
5972
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<br />DES:djk 08/18/98 <br />F:SharedlRedwoodlCounciV Agmt-180 <br /> <br />(commencing with Section 3700) of the California Labor Code, Contractor is <br />required to secure the payment of compensation to his employees and for <br />that purpose obtain and keep in effect adequate Worker's Compensation <br />insurance. If Contractor, in the sole discretion of City satisfies City of the <br />responsibility and capacity under the applicable Workers' Compensation <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 Workers' <br />Compensation insurance laws. In accordance with the provisions of Section <br />1861 of the California Labor Code, the Contractor in signing this Agreement <br />certifies to City as true the following statement: <br /> <br />I am aware of the provisions of Section 3700 of the Labor <br />Code which requires every employer to be insured against <br />liability for workers' compensation or to undertake self- <br />insurance in accordance with the provisions of that Code, <br />and I will comply with such provisions before commencing <br />the performance of the 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 /> <br />4 <br />
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