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<br />have the right to increase the number of working days or not, as may seem best to serve the <br /> <br />interest of City; and if it is decided to increase the said number of working days, City shall <br /> <br />further have the right to charge to Contractor, and deduct from the final payment for the work, <br /> <br />all or any part, as City may deem proper, of the actual cost of engineering, inspection, <br /> <br />superintendence, and other overhead expenses of City which are directly chargeable to this <br /> <br />Agreement, except that the cost of final surveys and the preparation of the final estimate shall <br /> <br />not be included in such charges to be paid by Contractor. <br /> <br />9. <br /> <br />Except as otherwise may be provided herein, Contractor hereby expressly <br /> <br />guarantees for one (1) full year from the date of the final completion of the work under this <br /> <br />Agreement and acceptance thereof by City's City Council, to repair or replace any part of the <br /> <br />work performed hereunder which constitutes a defect resulting from the use of inferior or <br /> <br />defective materials, equipment or workmanship. <br /> <br />If, within said period, any repairs or <br /> <br />replacements in connection with the work are, in the opinion of the City's Engineer, rendered <br /> <br />necessary as a result of the use of inferior or defective materials, equipment or workmanship, <br /> <br />Contractor agrees, upon receipt of notice from City, and without expense to City, to promptly <br /> <br />repair or replace such material or workmanship and/or correct any and all defects therein. If <br /> <br />Contractor, after such notice, fails to proceed promptly to comply with the terms of this <br /> <br />guarantee, City may perform the work necessary to effectuate such correction and recover the <br /> <br />cost thereof from Contractor or his sureties. <br /> <br />Agmt-276 <br />FXS:djk <br />F: S h ared/Redwood/Cou nci I <br />08/12/99 <br /> <br />12 <br />