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�.3•08
<br /> Hundred and No/100 dollars ($500.00) per day as liquidated damages for each and every calendar
<br /> day's detay in finishing the work in excess of the number of days prescribed, and Contractor
<br /> agrees to pay said liquidated damages as herein provided, and in case the �same are not paid,
<br /> agrees that City may deduct the amount thereof from any monies due or that may become due
<br /> under this Agreement.
<br /> It is further agreed that in case the work called for under this Agreement is not completed in all of
<br /> its parts and requirements within the number of calendar days specified, City shall have the right
<br /> to increase the number of calendar days or not, as may seem best to serve the interest of City;
<br /> and if it is decided to increase the said number of calendar days, City shall further have the right to
<br /> charge to Contractor, and deduct from the final payment for the work, all or any part, as City may
<br /> deem proper, of the actual cost of engineering, inspection, superintendence, and other overhead �
<br /> expenses of City which are directty chargeable to this Agreement, except that the cost of final
<br /> surveys and the preparation of the final estimate shall not be included in such charges to be paid
<br /> by Contractor.
<br /> 6. Except as otherwise may be provided herein, Contractor hereby expressly guarantees for one (1)
<br /> full year from the date of the final completion of the work under this Agreement and acceptance
<br /> thereof by City's City Council, 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, equipment or
<br /> workmanship. If, within said period, any repairs or replacements in connection with the work are, in
<br /> the opinion of the City Engineer, rendered necessary as a resutt of the use of inferior or defective
<br /> materials, equipment or workmanship, Contractor agrees, upon receipt of notice from City, and
<br /> without expense to City, to promptly repair or replace such material or workmanship and/or correct
<br /> any and all defects therein. If Contractor, after such notice, fails to proceed promptfy to comply
<br /> with the terms of this guarantee, City may perform the work necessary to effectuate such
<br /> correction and recover the cost thereof from Contractor or his sureties.
<br /> Any and all other special guarantees which may be applicable to definite parts of the work under
<br /> this Agreement shall be considered as an additional guarantee and shall not reduce or limit the
<br /> guarantee as provided by Contractor pursuant to this paragraph during the first year of the life of
<br /> such guarantee.
<br /> 7. Contractor hereby agrees to indemnify and save harmless City, its Council, officers, boards,
<br /> commissions, agents and employees of and from any and all claims, suits or actions of every
<br /> name, kind and description which may be brought against City, its Council, officers, boards,
<br /> commissions, agents, 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 to have been caused by,
<br /> any act or omission to act, negligent or otherwise, of Contractor, its officers, agents or employees
<br /> in the performance of any work required of Contractor by this Agreement.
<br /> The duty of Contractor to indemnify and save harmless, as set forth herein, shall include a duty to
<br /> defend as set forth in Section 2778 of the California Civil Code; provided, however, that nothing
<br /> herein shall be construed to require Contractor to indemnify City, its Council, officers, boards,
<br /> commissions, agents and employees against any responsibility or liability in contravention of
<br /> Section 2782 of the California Civil Code.
<br /> 8. Contractor, at its sote cost and expense, shall acquire and maintain in full force and effect
<br /> throughout the term of this Agreement Workers' Compensation, employer's liability, commercial
<br /> general liability, and owned, non-owned and hired automobile liability insurance coverage relating
<br /> to Contractor's Work to be performed hereunder covering City's risks in form subject to the
<br /> Agmt-405 4
<br /> DES:djk
<br /> F:/Shared/Re d woodlCouncil
<br /> 09/28/00
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