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<br />DES:djk 07/11/00 '1~î <br />F:SharedIRedwood/Council/ Agmt-369 <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 in <br />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 damage <br />which the City will sustain in event of and by reason of such delay; it is therefore <br />agreed Contractor will pay to City the sum calculated at the rate of Five Hundred <br />and No/100 dollars ($500.00) per day as liquidated damages for each and every <br />calendar day's delay in finishing the work in excess of the number of days <br />prescribed, and Contractor agrees to pay said liquidated damages as herein <br />provided, and in case the same are 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 parts and requirements within the number of calendar days <br />specified, City shall have the right 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 right 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 />under this Agreement and acceptance thereof by City's City Council, to repair or <br />replace any part of the work performed hereunder which constitutes a defect <br />resulting from the use of inferior or defective materials, equipment or workmanship. <br />If, within said period, any repairs or replacements in connection with the work are, <br />in the opinion of the Director of Public Works Services, rendered necessary as a <br />result of the use of inferior or defective materials, equipment or workmanship, <br />Contractor agrees, upon receipt of notice from City, and without expense to City, to <br />promptly repair or replace such material or workmanship and/or correct any and all <br />defects therein. If Contractor, after such notice, fails to proceed promptly to comply <br />with the 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. <br /> <br />Any and all other special guarantees which may be applicable to definite parts of <br />the work under this Agreement shall be considered as an additional guarantee and <br />shall not reduce or limit the guarantee as provided by Contractor pursuant to this <br />paragraph during the first year of the life of such guarantee. <br /> <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 all <br /> <br />5 <br /> <br />,~--'... ~ T <br />