|
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 dght 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 />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
<br />with the work are, in the opinion of the Director of Public Works Services,
<br />rendered necessary as a result of the use of inferior or defective materials,
<br />equipment or workmanship, Contractor agrees, upon receipt of notice from City,
<br />and without expense to City, to promptly repair or replace such material or
<br />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
<br />may perform the work necessary to effectuate such correction and recover the
<br />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
<br />and shall not reduce or limit the guarantee as provided by Contractor pursuant to
<br />this paragraph during the first year of the life of such guarantee.
<br />
<br />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 />indemnify City, its Council, officers, boards, commissions, agents and employees
<br />against any responsibility or liability in contravention of Section 2782 of the
<br />California Civil Code.
<br />
<br />Agmt-0137
<br />FXS-dr
<br />F:lSharedlRedwoodlCouncil
<br />08103/01
<br />
<br />
<br />
|