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<br />DES:djk 07/11100 <br />F:Shared/Redwood/Councill Agmt-369 <br /> <br />Compensation 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 Labor Code, <br />which requires every employer to be insured against liability for Workers' Compensation <br />or to undertake self-insurance in accordance with the provisions of that Code, and shall <br />comply with such provisions before commencing the perfonnance of the work of this <br />Contract. <br /> <br />Before the Agreement between City and Contractor is entered into, Contractor shall <br />submit written evidence that it and any subcontractors have obtained for the period of the <br />Contract full Workers' Compensation insurance coverage for all persons whom they <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 perfonnance 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 tenus 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 the <br />Agreement is not finished or completed on or before the time set forth in this Agreement, <br />damage will be sustained by City, and that it is and will be impracticable and extremely <br />difficult to ascertain and detennine the actual damage which the City will sustain in event <br />of and by reason of such delay; it is therefore agreed Contractor will pay to City the sum <br />calculated at 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 excess of the <br />number of days prescribed, and Contractor agrees to pay said liquidated damages as herein <br />provided, and in case the same are not paid, agrees that City may deduct the amount <br />thereof from any monies due or that may become due under this 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 shall <br /> <br />4 <br />