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It is further agreed that in case the work called for under this Agr~ement is not
<br /> completed in all of its parts and requirements within the number of ~;alendar 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 t¢ 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 an,.' part, as City
<br /> may deem proper, of the actual cost of engineering, inspection, sup ~rintendence,
<br /> and other overhead expenses of City which are directly charg.~able to this
<br /> Agreement, except that the cost of final surveys and the preparati¢ n of the final
<br /> estimate shall not be included in such charges to be paid by Contract, ~r.
<br />
<br /> 6. Except as otherwise may be provided herein, Contractor here~)y expressly
<br /> guarantees for one full year from the date of the final completion of tte work under
<br /> this Agreement and acceptance thereof by City's City Council, to rel air or replace
<br /> any part of the work performed hereunder which constitutes a defect 'esulting from
<br /> the use of inferior or defective materials, equipment or workmanshi . If, within said
<br /> period, any repairs or replacements in connection with the work are n the opinion
<br /> of the Manager, Engineering and Construction, rendered necessar ~s a result of
<br /> the use of inferior or defective materials, equipment or workmansh p, Contractor
<br /> agrees, upon receipt of notice from City, and without expense to Cit:,, to promptly
<br /> repair or replace such material or workmanship and/or correct any ~d all defects
<br /> therein. If Contractor, after such notice, fails to proceed promptly , comply with
<br /> the terms of this guarantee, City may perform the work necessar to effectuate
<br /> such correction and recover the cost thereof from Contractor or his., 'eties.
<br />
<br /> Any and all other special guarantees which may be applicable to de i:inite parts of
<br /> the work under this Agreement shall be considered as an additional ,c uarantee and
<br /> shall not reduce or limit the guarantee as provided by Contractor pL rsuant 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 frorr any and all
<br /> claims, suits or actions of every name, kind and description which m;~y 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 caus~ d by, any act
<br /> or omission to act, negligent or otherwise, of Contractor, its office's, agents or
<br /> employees in the performance of any work required of Contr;~ctor by this
<br /> Agreement.
<br />
<br /> The duty of Contractor to indemnify and save harmless, as set foal" herein, shall
<br /> include a duty to defend as set forth in Section 2778 of the Californ a Civil Code;
<br /> provided, however, that nothing herein shall be construed to require Contractor to
<br /> indemnify City, its Council, officers, boards, commissions, agents ar d employees
<br /> 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
<br /> effect throughout the term of this Agreement Workers' Compensatioh, employer's
<br /> liability, commercial general liability, and owned, non-owned and hired automobile
<br /> liability insurance coverage relating to Contractor's Work to hie performed
<br />
<br />F:Atty/Agr/Agr.034 5
<br />051402
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