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Agmt03 Bay Area Paving
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Agmt03 Bay Area Paving
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Last modified
7/5/2005 2:56:33 PM
Creation date
9/11/2003 9:39:12 AM
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Agreement
Contractor Name
Bay Area Paving
PROJECT NAME
utility trench repair svc. 03-04
RMP File Number
304
Date
9/2/2003
MO Ref
03-176
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pedod 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 <br /> 1720). But no sum shall be withheld, retained or forfeited, except from the final <br /> payment, without a full investigation by either the Division of Labor Law <br /> Enforcement or by 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 /> and No/100 dollars ($500.00) per day as liquidated damages for each and every <br /> calendar day's delay in finishing the work in excess of the number of days <br /> 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 <br /> 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 dght 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 />6. 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 /> <br /> <br />
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