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<br />undertake self-insurance in accordance with the provisions of that Code, and shall comply <br />with such provisions before commencing the performance ofthe work ofthis 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 Contract <br />full Workers' Compensation insurance coverage for all persons whom they employ or may <br />employ in carrying out the work under this Contract. This insurance shall be in accordance <br />with the requirements of the most current and applicable state Workers' Compensation <br />insurance laws. 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 following <br />statement: <br /> <br />I am aware of the provisions of Section 3700 of the Labor Code which requires <br />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 I <br />will comply with such provisions before commencing the performance of the <br />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, shall <br />withhold and retain therefrom all amounts which have been forfeited pursuant to any <br />stipulation in the Contract, and the terms of Chapter 1, Part 7, Division 2 of the California <br />Labor Code (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 the Division <br />of Labor Law Enforcement or by City. <br /> <br />5. <br /> <br />It is hereby agreed by the parties to the Agreement that in case all work called for under the <br />Agreement is not finished or completed on or before the time set forth in this Agreement, <br />damage will be sustained by City, and that it is and will be impracticable and extremely <br />difficult to ascertain and determine the actual damage which the City will sustain in event of <br />and by reason of such delay; it is therefore agreed Contractor will pay to City the sum <br />calculated at the rate of Five Hundred and No/1O0 dollars ($500.00) per day as liquidated <br />damages for each and every calendar day's delay in finishing the work in excess of the number <br />of days prescribed, and Contractor agrees to pay said liquidated damages as herein provided, <br />and in case the same are not paid, agrees that City may deduct the amount thereof from any <br />monies due 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 completed in <br />all of its parts and requirements within the number of calendar days specified, City shall have <br />the right to increase the number of calendar days or not, as may seem best to serve the interest <br />of City; and if it is decided to increase the said number of calendar days, City shall further <br />have the right to charge to Contractor, and deduct from the final payment for the work, all or <br />any part, as City may deem proper, of the actual cost of engineering, inspection, <br />superintendence, 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 estimate shall <br />not be included in such charges to be paid by Contractor. <br /> <br />Agmt-443 <br />F:shared/Redwood/CounciJ <br />FXS:djk <br />02/12/01 <br /> <br />5 <br />