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this Contract. This insurance shall be in accordance with the requirements of <br /> the most current and applicable state Workers' Compensation insurance laws. <br /> In accordance with the provisions of Section 1861 of the California Labor <br /> 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 <br /> which requires every employer to be insured against liability for <br /> workers' compensation or to undertake self-insurance in accordance <br /> with the provisions of that Code, and I will comply with such <br /> provisions before commencing the performance of the work of this <br /> Contract. <br /> <br /> (g) 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 <br /> contract for public works, shall withhold and retain therefrom all amounts <br /> which have been forfeited pursuant to any stipulation in the Contract, and the <br /> terms of Chapter 1, Part 7, Division 2 of the California Labor Code <br /> (commencing with Section 1720). But no sum shall be withheld, retained or <br /> forfeited, except from the final payment, without a full investigation by either <br /> the Division of Labor Law 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 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 One <br /> Hundred and No/100 dollars ($100.00) 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 herein <br /> provided, and in case the same ara 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 par~s and requirements within the number of calendar days <br /> specified, City shall have the dght to increase the number of calendar days or not, <br /> as may seem best to serve the interest of City; and if it is decided to increase the <br /> said number of calendar days, City shall further have the dght to charge to <br /> Contractor, and deduct from the final payment for the work, all or any part, as City <br /> may deem proper, of the actual cost of engineering, inspection, superintendence, <br /> and other overhead expenses of City which are directly chargeable to this <br /> Agreement, except that the cost of final surveys and the preparation of the final <br /> estimate shall not be included in such charges to be paid 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 />AGREEMENT 00200-4 <br /> <br /> <br />