|
<br />in excess of the number of days prescribed, and Contractor agrees to pay said liquidated
<br />damages as herein provided, and in case the same are not paid, agrees that City may
<br />deduct the 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, as
<br />may seem best to serve the interest of City; and if it is decided to increase the said
<br />number of calendar days, City shall further have the right to charge to Contractor, and
<br />deduct from the final payment for the work, all or any part, as City may deem proper, of
<br />the actual cost of engineering, inspection, superintendence, and other overhead
<br />expenses of City which are directly chargeable to this Agreement, except that the cost of
<br />final surveys and the preparation of the final estimate shall not be included in such
<br />charges to be paid by Contractor.
<br />
<br />6. 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 City's City Council, to repair or replace any part of
<br />the work performed hereunder which constitutes a defect resulting from the use of
<br />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 City, and without expense to City, to promptly repair or replace such material
<br />or workmanship and/or correct any and all defects therein. If Contractor, after such
<br />notice, fails to proceed promptly to comply with the terms of this guarantee, City may
<br />perform the work necessary to effectuate such correction and recover the cost thereof
<br />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 />7. Contractor hereby agrees to indemnify and save harmless City, 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 City, its
<br />Council, officers, boards, commissions, agents, or employees by reason of any injury to
<br />or death of any person or damage suffered or sustained by any person or corporation,
<br />caused by, or alleged to have been caused by, any act or omission to act, negligent or
<br />otherwise, of Contractor, its officers, agents or employees in the performance of any
<br />work required of Contractor by this Agreement.
<br />
<br />The duty of Contractor to indemnify and save harmless, as set forth herein, shall include
<br />a duty to defend as set forth in Section 2778 of the California Civil Code; provided,
<br />however, that nothing herein shall be construed to require Contractor to indemnify City,
<br />its Council, officers, boards, commissions, agents and employees against any
<br />responsibility or liability in contravention of Section 2782 of the California Civil Code.
<br />
<br />4
<br />
|