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5. I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. (d) In accordance with the provisions of Section 1727 of the California Labor Code, Agency, before making payment to Contractor of money due under a contract for public works, shall withhold and retain therefrom all amounts which have been forfeited pursuant to any stipulation in the Contract, and the terms of Chapter 1, Part 7, Division 2 of the California Labor Code (commencing with Section 1720). But no sum shall be withheld, retained or forfeited, except from the final payment, without a full investigation by either the Division of Labor Law Enforcement or by Agency. It is hereby agreed by the parties to the Agreement that in case all work called for under the Agreement is not finished or completed on or before the time set forth in this Agreement, damage will be sustained by Agency, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the Agency will sustain in event of and by reason of such delay; it is therefore agreed Contractor will pay to Agency the sum calculated at the rate of Five Hundred and No/100 dollars ($500.00) per day as liquidated damages for each and every calendar day's delay in finishing the work in excess of the number of days prescribed, and Contractor agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that Agency may deduct the amount thereof from any monies due or that may become due under this Agreement. It is further agreed that in case the work called for under this Agreement is not completed in all of its parts and requirements within the number of calendar days specified, Agency shall have the right to increase the number of calendar days or not, as may seem best to serve the interest of Agency; and if it is decided to increase the said number of calendar days, Agency shall further have the right to charge to Contractor, and deduct from the final payment for the work, all or any part, as Agency may deem proper, of the actual cost of engineering, inspection, superintendence, and other overhead expenses of Agency which are directly chargeable to this Agreement, except that the cost of final surveys and the preparation of the final estimate shall not be included in such charges to be paid by Contractor. Except as otherwise may be provided herein, Contractor hereby expressly guarantees for one (1) full year from the date of the final completion of the work under this Agreement and acceptance thereof by Agency's City Council, to repair or replace any part of the work performed hereunder which constitutes a defect resulting from the use of inferior or defective materials, equipment or workmanship. If, within said period, any repairs or replacements in connection with the work are, in the opinion of the Manager, Engineering and Construction, rendered necessary as a result of the use of inferior or defective materials, equipment or workmanship, Contractor agrees, upon receipt of notice from Agency, and without expense to Agency, to promptly repair or replace such material or workmanship and/or correct any and all defects therein. If Contractor, after such notice, fails to proceed promptly to comply with the terms of this guarantee, Agency may perform the work necessary to effectuate such correction and recover the cost thereof from Contractor or his sureties. 6. Atty/Agr/2006.005 030206 4 sIIibrarylagreementslawardlAward_'n-Roadway Crosswalk Warning Light System (Agency)