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-- - FXS:djk 06/09/97
<br /> F:Shared/Redwood/Council/Agmt-087
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<br /> damages for each and every calendar day's delay in finishing the work in
<br /> 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,
<br /> agrees that City may deduct the amount thereof from any monies due or that
<br /> may become due under this Agreement.
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<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
<br /> days specified, City shall have the right to increase the number of calendar
<br /> days or not, as may seem best to serve the interest of City; and if it is decided
<br /> to increase the said number of calendar days, City shall further have the right
<br /> to charge to Contractor, and deduct from the final payment for the work, all or
<br /> any part, as City may deem proper, of the actual cost of engineering,
<br /> inspection, superintendence, and other overhead expenses of City which are
<br /> directly chargeable to this Agreement, except that the cost of final surveys
<br /> and the preparation of the final estimate shall not be included in such charges
<br /> to be paid by Contractor.
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<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, to
<br /> repair or replace any part of the work performed hereunder which constitutes
<br /> a defect 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 City Engineer, rendered necessary as a
<br /> result of the use of inferior or defective materials, equipment or workmanship,
<br /> Contractor agrees, upon receipt of notice from City, and without expense to
<br /> City, to promptly repair or replace such material or workmanship and/or
<br /> correct any and all defects therein. If Contractor, after such notice, fails to
<br /> proceed promptly to comply with the terms of this guarantee, City may
<br /> perform the work necessary to effectuate such correction and recover the
<br /> cost thereof from Contractor or his sureties.
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<br /> Any and all other special guarantees which may be applicable to definite parts
<br /> 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.
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<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 all
<br /> claims, suits or actions of every name, kind and description which may be
<br /> brought against City, its Council, officers, boards, commissions, agents, or
<br /> employees by reason of any injury to or death of any person or damage
<br /> suffered or sustained by any person or corporation, caused b.y, or alleged to
<br /> 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
<br /> required of Contractor by this Agreement.
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