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