|
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
<br /> workmanship. If, within said period, any repairs or replacements in connection with
<br /> the work are, in the opinion of the City Engineer, rendered necessary as a result of
<br /> the use of inferior or defective materials, equipment or workmanship, Contractor
<br /> agrees, upon receipt of notice from City, and without expense to City, to promptly
<br /> repair or replace such material or workmanship and/or correct any and all defects
<br /> therein. If Contractor, after such notice, fails to proceed promptly to comply with
<br /> 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 /> claims, suits or actions of every name, kind and description which may be brought
<br /> against City, its Council, officers, boards, commissions, agents, or employees by
<br /> reason of any injury to or death of any person or damage suffered or sustained by
<br /> any person or corporation, caused by, or alleged to have been caused by, any act
<br /> or omission to act, negligent or otherwise, of Contractor, its officers, agents or
<br /> employees in the performance of any work required of Contractor by this
<br /> Agreement.
<br />
<br /> The duty of Contractor to indemnify and save harmless, as set forth herein, shall
<br /> include a duty to defend as set forth in Section 2778 of the California Civil Code;
<br /> provided, however, that nothing herein shall be construed to require Contractor to
<br />
<br />F:Atty/Agr/Agr.061 5
<br />072402
<br />
<br />
<br />
|