|
FXS:djk 01/08/97
<br />· ' G:Shared/Redwood/Council/Agmt -056
<br />
<br /> sum calculated at the rate of Five Hundred and No/100 dollars (8500.00)
<br /> 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
<br /> Contractor agrees to pay said liquidated damages as herein provided,
<br /> and in case the same are not paid, agrees that City may deduct the
<br /> 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
<br /> not completed in all of its parts and requirements within the number of
<br /> calendar days specified, City shall have the right to increase the number of
<br /> calendar days or not, as may seem best to serve the interest of City; and if it
<br /> is decided to increase the said number of calendar days, City shall further
<br /> have the right to charge to Contractor, and deduct from the final payment
<br /> for the work, all or any part, as City may deem proper, of the actual cost of
<br /> engineering, inspection, superintendence, and other overhead expenses of
<br /> City which are directly chargeable to this Agreement, except that the cost
<br /> 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 /> 6. 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
<br /> work under this Agreement and acceptance thereof by City's City Council,
<br /> to repair or replace any part of the work performed hereunder which
<br /> constitutes a defect resulting from the use of inferior or defective materials,
<br /> equipment or workmanship. If, within said period, any repairs or
<br /> replacements in connection with the work are, in the opinion of the City
<br /> Engineer, rendered necessary as a result of the use of inferior or defective
<br /> materials, equipment or workmanship, Contractor agrees, upon receipt of
<br /> notice from City, and without expense to City, to promptly repair or replace
<br /> such material or workmanship and/or correct any and all defects therein. If
<br /> Contractor, after such notice, fails to proceed promptly to comply with the
<br /> terms of this guarantee, City may perform the work necessary to effectuate
<br /> 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
<br /> parts of the work under this Agreement shall be considered as an additional
<br /> guarantee and shall not reduce or limit the guarantee as provided by
<br /> Contractor pursuant to this paragraph during the first year of the life of such
<br /> guarantee.
<br />
<br /> 7. Contractor hereby agrees to indemnify and save harmless City, its Council,
<br /> officers, boards, commissions, agents and employees of and from any and
<br /> all claims, suits or actions of every name, kind and description which may
<br /> be brought against City, its Council, officers, boards, commissions, agents,
<br /> or employees by reason of any injury to or death of any person or damage
<br /> suffered or sustained by any person or corporation, caused by, or alleged
<br /> to have been caused by, any act or omission to act, negligent or otherwise,
<br />
<br />
<br />
|