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ARTICLE II: The said party of the first part hereby promises <br />and agrees with the said Contractor to employ, and does hereby <br />employ, the said Contractor to provide the materials and to do <br />the work according to the terms and conditions herein contained <br />and referred to, for the prices hereinafter set forth, and <br />hereby contracts to pay the same at the time, in the manner and <br />upon the condition herein set forth, and the said parties for <br />themselves, their heirs, executors, administrators, successors <br />and assigns, do hereby agree to the full performance of the <br />covenants herein contained. <br /> <br />ARTICLE III: The statement of prevailing wages appearing in <br />the Equipment Rental Rates and General Prevailing Wage Rates is <br />hereby specifically referred to and by this reference is made a <br />part of this contract. It is further expressly agreed by and <br />between the parties hereto that should there be any conflict <br />between the terms of this instrument and the bid or proposal of <br />said Contractor, then this instrument shall control and nothing <br />herein shall be considered as an acceptance of said terms of <br />said proposal conflicting herewith. <br /> <br />ARTICLE IV: By my signature hereunder, as Contractor, I <br />certify that I am aware of the provisions of Section 3700 of <br />the Labor Code which requires every employer to be insured <br />against liability for worker's compensation or to undertake <br />self-insurance in accordance with the provisions of that code, <br />and I will comply with such provisions before commencing the <br />performance of the work of this contract. <br /> <br />ARTICLE V: The improvement contemplated in the performance of <br />this contract is an improvement over which the State of <br />California shall exercise general supervision. The State of <br />California, therefore, shall have the right to assume full and <br />direct control over this contract whenever the State of <br />California, at its sole discretion, shall determine that its <br />responsibility to the United States so requires. <br /> <br />ARTICLE VI: And the said Contractor agrees to receive and <br />accept the following prices as full compensation for furnishing <br />all materials and for doing all the work contemplated and <br />embraced in this agreement; also for all loss or damage, <br />arising out of the nature of the work aforesaid, or from the <br />action of the elements, or from any unforeseen difficulties or <br />obstructions which may arise or be encountered in the <br />prosecution of the work until its acceptance by the Department <br />of Public Works, and for all risks of every description <br />connected with the work,; also for all expenses incurred by or <br />in consequence of the suspension or discontinuance of work and <br />for well and faithfully completing the work, and the whole <br />thereof, in the manner and according to the plans and <br />specifications, and the requirements of the Engineer under them <br />to wit: <br /> <br /> <br />