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<br />(h) In accordance with the provisions of Article 5, Chapter 1, Part 7, Division 2 <br />(commencing with Section 1860), and Chapter 4, Part 1, Division 4 (commencing <br />with Section 3700) of the California Labor Code, Contractor is required to secure <br />the payment of compensation to his employees and for that purpose obtain and <br />keep in effect adequate Worker's Compensation insurance. If Contractor, in the <br />sole discretion of City satisfies City of the responsibility and capacity under the <br />applicable Workers' Compensation laws, if any, to act as self-insurer, he may so <br />act, and in such case, the insurance required by this paragraph need not be <br />provided. <br /> <br />Contractor is advised of the provisions of Section 3700 of the California Labor <br />Code, which requires every employer to be insured against liability for Workers' <br />Compensation or to undertake self-insurance in accordance with the provisions of <br />that Code, and shall comply with such provisions before commencing the <br />performance of the work of this Contract. <br /> <br />Before the Agreement between City and Contractor is entered into, Contractor <br />shall submit written evidence that it and any subcontractors have obtained for the <br />period of the Contract full Workers' Compensation insurance coverage for all <br />persons whom they employ or may employ in carrying out the work under this <br />Contract. This insurance shall be in accordance with the requirements of the most <br />current and applicable state Workers' Compensation insurance laws. In <br />accordance with the provisions of Section 1861 of the California Labor Code, the <br />Contractor in signing this Agreement certifies to City as true the following <br />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 <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 />(i) In accordance with the provisions of Section 1727 of the California Labor Code, <br />City, before making payment to Contractor of money due under a contract for <br />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 />5. 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 in <br />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 damage <br />which the City will sustain in event of and by reason of such delay; it is therefore <br />agreed Contractor will pay to City the sum calculated at the rate of Five Hundred <br /> <br />4 <br />