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Agmt10 All Fence Company
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Agmt10 All Fence Company
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Last modified
7/20/2010 3:39:45 PM
Creation date
3/8/2010 11:58:28 AM
Metadata
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Template:
Agreement
Contractor Name
All Fence Company
PROJECT NAME
Fence for Phil Shao Memorial Skate Park
RMP File Number
304
Date
2/4/2010
MO Ref
10-004
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<br />Should non-compliance still be evident after the 10-day period, Contractor shall, <br />as a penalty to the State or City, forfeit Twenty-five Dollars ($25.00) for each <br />calendar day, or portion thereof, for each worker, until strict compliance is <br />effectuated. Upon the request of the Division of Apprenticeship Standards or the <br />Division of Labor Standards Enforcement, these penalties shall be withheld from <br />progress payments then due. Responsibility for compliance with Paragraph 4(f) <br />lies with Contractor. <br /> <br />(g) Contractor and any subcontractors shall, when they employ any person in any <br />apprenticeable craft or trade, apply to the joint apprenticeship committee administering the <br />apprenticeship standards of the craft or trade in the area of the construction site for a <br />certificate approving Contractor or subcontractor under the apprenticeship standards for <br />the employment and training of apprentices in the area or industry affected; and shall <br />comply with all other requirements of Section 1777.5 of the California Labor Code. The <br />responsibility of compliance with California Labor Code Section 1777.5 during the <br />performance of this Contract rests with Contractor. Pursuant to California Labor Code <br />Section 1777.7, in the event Contractor willfully fails to comply with the provisions of <br />California Labor Code Section 1777.5, Contractor shall be denied the right to bid on any <br />public works contract for one year from the date noncompliance is determined and be <br />assessed civil penalties. <br /> <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 with <br />Section 3700) of the California Labor Code, Contractor is required to secure the payment <br />of compensation to his employees and for that purpose obtain and keep in effect adequate <br />Worker's Compensation insurance. If Contractor, in the sole discretion of City satisfies <br />City of the responsibility and capacity under the applicable Workers' Compensation laws, if <br />any, to act as self-insurer, he may so act, and in such case, the insurance required by this <br />paragraph need not be provided. <br /> <br />Contractor is advised of the provisions of Section 3700 of the California Labor Code, which <br />requires every employer to be insured against liability for Workers' Compensation or to <br />undertake self-insurance in accordance with the provisions of that Code, and shall comply <br />with such provisions before commencing the performance of the work of this Contract. <br /> <br />Before the Agreement between City and Contractor is entered into, Contractor shall submit <br />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 shall <br />be in accordance with the requirements of the most current and applicable state Workers' <br />Compensation insurance laws. In accordance with the provisions of Section 1861 of the <br />California Labor Code, the Contractor in signing this Agreement certifies to City as true the <br />following statement: <br /> <br />I am aware of the provisions of Section 3700 of the Labor Code which <br />requires every employer to be insured against liability for workers' <br />compensation or to undertake self-insurance in accordance with the <br />provisions of that Code, and I will comply with such provisions before <br />commencing the performance of the work of this 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 terms of Chapter 1, Part 7, Division 2 of the <br /> <br />3 <br />
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