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<br />(d) In accordance with the provisions of Section 1727 of the California Labor Code,
<br />Agency, before making payment to Contractor of money due under a contract for public
<br />works, shall withhold and retain therefrom all amounts which have been forfeited
<br />pursuant to any stipulation in the Contract, and the terms of Chapter 1, Part 7, Division 2
<br />of the California Labor Code (commencing with Section 1720). But no sum shall be
<br />withheld, retained or forfeited, except from the final payment, without a full investigation
<br />by either the Division of Labor Law Enforcement or by Agency.
<br />
<br />It is hereby agreed by the parties to the Agreement that in case all work called for under
<br />the Agreement is not finished or completed on or before the time set forth in this
<br />Agreement, damage will be sustained by Agency, and that it is and will be impracticable
<br />and extremely difficult to ascertain and determine the actual damage which the Agency
<br />will sustain in event of and by reason of such delay; it is therefore agreed Contractor will
<br />pay to Agency the sum calculated at the rate of Five Hundred and No/100 dollars
<br />($500.00) 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 Contractor agrees to
<br />pay said liquidated damages as herein provided, and in case the same are not paid,
<br />agrees that Agency may deduct the amount thereof from any monies due or that may
<br />become due under this 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, Agency shall have the right to increase the number of calendar days or not, as
<br />may seem best to serve the interest of Agency; and if it is decided to increase the said
<br />number of calendar days, Agency shall further have the right to charge to Contractor,
<br />and deduct from the final payment for the work, all or any part, as Agency may deem
<br />proper, of the actual cost of engineering, inspection, superintendence, and other
<br />overhead expenses of Agency which are directly chargeable to this Agreement, except
<br />that the cost of final surveys and the preparation of the final estimate shall not be
<br />included in such charges to be paid by Contractor.
<br />
<br />Except as otherwise may be provided herein, Contractor hereby expressly guarantees
<br />for one (1) full year from the date of the final completion of the work under this
<br />Agreement and acceptance thereof by Agency's City Council, to repair or replace any
<br />part of the work performed hereunder which constitutes a defect resulting from the use
<br />of inferior or defective materials, equipment or workmanship. If, within said period, any
<br />repairs or replacements in connection with the work are, in the opinion of the Manager,
<br />Engineering and Construction, rendered necessary as a result of the use of inferior or
<br />defective materials, equipment or workmanship, Contractor agrees, upon receipt of
<br />notice from Agency, and without expense to Agency, to promptly repair or replace such
<br />material or workmanship andlor correct any and all defects therein. If Contractor, after
<br />such notice, fails to proceed promptly to comply with the terms of this guarantee, Agency
<br />may perform the work necessary to effectuate such correction and recover the cost
<br />thereof from Contractor or his sureties.
<br />
<br />Any and all other special guarantees which may be applicable to definite parts of the
<br />work under this Agreement shall be considered as an additional guarantee and shall not
<br />reduce or limit the guarantee as provided by Contractor pursuant to this paragraph
<br />during the first year of the life of such guarantee.
<br />
<br />Contractor hereby agrees to indemnify and save harmless Agency, its Council, officers,
<br />boards, commissions, agents and employees, of and from any and all claims, suits or
<br />actions of every name, kind and description which may be brought against Agency, its
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<br />Atty/Agr/2006.014
<br />040506
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<br />S/library/agreements/award/City Parking Lot - Block 2 Future Parking Controls
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