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Agmt97 D. L. Falk Construction
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Agmt97 D. L. Falk Construction
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Last modified
7/5/2005 2:56:53 PM
Creation date
9/29/2003 9:23:28 AM
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Template:
Agreement
Contractor Name
D. L. Falk Construction
PROJECT NAME
Sandpiper Park community center
RMP File Number
304
Date
7/21/1997
Reso Ref
13058 13099
MO Ref
99-032
Box
5802
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laws, if any, to act as self-insurer, he may so act, and in such case, the <br /> insurance required by this paragraph need not be 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 <br /> of 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, District and Contractor is entered into, <br /> Contractor shall submit written evidence that it and any subcontractors have <br /> obtained for the period of the Contract full Workers' Compensation insurance <br /> coverage for all persons whom they employ or may employ in carrying out the <br /> work under this Contract. This insurance shall be in accordance with the <br /> requirements of the most current and applicable state Workers' Compensation <br /> 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 <br /> as true the following statement: <br /> <br /> I am aware of the provisions of Section 3700 of the Labor <br /> Code which requires every employer to be insured against <br /> liability for workers' compensation or to undertake self- <br /> insurance in accordance with the provisions of that Code, and <br /> I will comply with such provisions before commencing the <br /> performance of the work of this Contract. <br /> <br /> (i) In accordance with the provisions of Section 1727 of the California Labor Code, <br /> City and District, before making payment to Contractor of money due under a <br /> contract for public works, shall withhold and retain therefrom all amounts which <br /> have been forfeited pursuant to any stipulation in the Contract, and the terms of <br /> Chapter 1, Part 7, Division 2 of the California Labor Code (commencing with <br /> Section 1720). But no sum shall be withheld, retained or forfeited, except from <br /> the final 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 <br /> in this Agreement, damage will be sustained by City and District, and that it is and <br /> will be impracticable and extremely difficult to ascertain and determine the actual <br /> damage which the City and District will sustain in event of and by reason of such <br /> delay; it is therefore agreed, Contractor will pay to City and District the sum <br /> calculated at the rate of One Thousand and No/100 dollars ($1,000.00) per day <br /> as liquidated damages for each and every calendar day's delay in finishing the <br /> work in excess of the number of days prescribed, and Contractor agrees to pay <br /> said liquidated damages as herein provided, and in case the same are not paid, <br /> agrees that City and District may deduct the amount thereof from any monies due <br /> or that may become due under this 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 /> <br />6123/97R 4 <br /> <br /> <br />
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