|
<br />and extremely difficult to ascertain and determine the actual damage which the Agency will
<br />sustain in event of and by reason of such delay; it is therefore agreed Contractor will pay
<br />to Agency the sum calculated at the rate of Five Hundred and No/100 dollars ($500.00)
<br />per day as liquidated damages for each and every calendar day's delay in finishing the
<br />work in excess of the number of days prescribed, and Contractor agrees to pay said
<br />liquidated damages as herein provided, and in case the same are not paid, agrees that
<br />Agency may deduct the amount thereof from any monies due or that may become due
<br />under this Agreement.
<br />
<br />It is further agreed that in case the work called for under this Agreement is not completed
<br />in all of its parts and requirements within the number of calendar days specified, Agency
<br />shall have the right to increase the number of calendar days or not, as may seem best to
<br />serve the interest of Agency; and if it is decided to increase the said number of calendar
<br />days, Agency shall further have the right to charge to Contractor, and deduct from the final
<br />payment for the work, all or any part, as Agency may deem proper, of the actual cost of
<br />engineering, inspection, superintendence, and other overhead expenses of Agency which
<br />are directly chargeable to this Agreement, except that the cost of final surveys and the
<br />preparation of the final estimate shall not be included in such charges to be paid by
<br />Contractor.
<br />
<br />6. Except as otherwise may be provided herein, Contractor hereby expressly guarantees for
<br />one (1) full year from the date of the final completion of the work under this Agreement and
<br />acceptance thereof by Agency's Board, to repair or replace any part of the work performed
<br />hereunder which constitutes a defect resulting from the use of inferior or defective
<br />materials, equipment or workmanship. If, within said period, any repairs or replacements
<br />in connection with the work are, in the opinion of the Manager, Engineering and
<br />Construction, rendered necessary as a result of the use of inferior or defective materials,
<br />equipment or workmanship, Contractor agrees, upon receipt of notice from Agency, and
<br />without expense to Agency, to promptly repair or replace such material or workmanship
<br />and/or correct any and all defects therein. If Contractor, after such notice, fails to proceed
<br />promptly to comply with the terms of this guarantee, Agency may perform the work
<br />necessary to effectuate such correction and recover the cost thereof from Contractor or his
<br />sureties.
<br />
<br />Any and all other special guarantees which may be applicable to definite parts of the work
<br />under this Agreement shall be considered as an additional guarantee and shall not reduce
<br />or limit the guarantee as provided by Contractor pursuant to this paragraph during the first
<br />year of the life of such guarantee.
<br />
<br />7. Contractor hereby agrees to indemnify and save harmless the Agency, its Board
<br />members, its Council members, officers, boards, commissions, agents and employees of
<br />and from any and all claims, suits or actions of every name, kind and description which
<br />may be brought against Agency, its Board members, its Council members, officers,
<br />boards, commissions, agents, or employees by reason of any injury to or death of any
<br />person or damage suffered or sustained by any person or corporation, caused by, or
<br />alleged to have been caused by, any act or omission to act, negligent or otherwise, of
<br />Contractor, its officers, agents or employees in the performance of any work required of
<br />Contractor by this Agreement.
<br />
<br />The duty of Contractor to indemnify and save harmless, as set forth herein, shall include a
<br />duty to defend as set forth in Section 2778 of the California Civil Code; provided, however,
<br />that nothing herein shall be construed to require Contractor to indemnify the Agency, its
<br />Board members, its Council members, officers, boards, commissions, agents and
<br />employees against any responsibility or liability in contravention of Section 2782 of the
<br />California Civil Code.
<br />
<br />8. Contractor, at its sole cost and expense, shall acquire and maintain in full force and effect
<br />throughout the term of this Agreement Workers' Compensation, employer's liability,
<br />
<br />2007 HISTORIC COURTHOUSE LANDSCAPE RENOVATION PROJECT 4
<br />
|