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<br />DES:djk 02/22/99
<br />F:SharedlRedwood/Council/ Agmt -236
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<br />sum calculated at the rate of Five Hundred and No/lOO dollars ($500.00)
<br />per day as liquidated damages for each and every calendar day's delay in
<br />finishing the work in excess of the number of days prescribed, and
<br />Contractor agrees to pay said liquidated damages as herein provided, and
<br />in case the same are not paid, agrees that City may deduct the amount
<br />thereof from any monies due or that may become due under this
<br />Agreement.
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<br />It is further agreed that in case the work called for under this Agreement is
<br />not completed in all of its parts and requirements within the number of
<br />calendar days specified, City shall have the right to increase the number of
<br />calendar days or not, as may seem best to serve the interest of City; and if
<br />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
<br />for the work, all or any part, as City may deem proper, of the actual cost of
<br />engineering, inspection, superintendence, and other overhead expenses of
<br />City which are directly chargeable to this Agreement, except that the cost
<br />of final surveys and the preparation of the final estimate shall not be
<br />included in such charges to be paid by Contractor.
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<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
<br />work under this Agreement and acceptance thereof by City's City Council,
<br />to repair or replace any part of the work performed hereunder which
<br />constitutes a defect resulting from the use of inferior or defective materials,
<br />equipment or workmanship. If, within said period, any repairs or
<br />replacements in connection with the work are, in the opinion of the City
<br />Engineer, rendered necessary as a result of the use of inferior or defective
<br />materials, equipment or workmanship, Contractor agrees, upon receipt of
<br />notice from City, and without expense to City, to promptly repair or replace
<br />such material or workmanship and/or correct any and all defects therein. If
<br />Contractor, after such notice, fails to proceed promptly to comply with the
<br />terms of this guarantee, City may perform the work necessary to effectuate
<br />such correction and recover the cost thereof from Contractor or his sureties.
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<br />Any and all other special guarantees which may be applicable to definite
<br />parts of the work under this Agreement shall be considered as an additional
<br />guarantee and shall not reduce or limit the guarantee as provided by
<br />Contractor pursuant to this paragraph during the first year of the life of such
<br />guarantee.
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<br />7. Contractor hereby agrees to indemnify and save harmless City, its Council,
<br />officers, boards, commissions, agents and employees of and from any and
<br />all claims, suits or actions of every name, kind and description which may
<br />be brought against City, its Council, officers, boards, commissions, agents,
<br />or employees by reason of any injury to or death of any person or damage
<br />suffered or sustained by any person or corporation, caused by, or alleged
<br />to have been caused by, any act or omission to act, negligent or otherwise,
<br />of Contractor, its officers, agents or employees in the performance of any
<br />work required of Contractor by this Agreement.
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