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J <br /> � 4. Labor Code provisions. Contractor shall comply with the provisions set forth in that <br /> � document entitled "Labor Code Provisions" which is attached hereto and <br /> incorporated herein by reference. <br /> 5. Liquidated Damages. It is hereby agreed by the parties to the Agreement that in <br /> case all work called for under the Agreement is not finished or completed on or <br /> before the time set forth in this Agreement, damage will be sustained by City, and <br /> that it is and will be impracticable and extremely difficult to ascertain and determine <br /> the actual damage which the City will sustain in event of and by reason of such <br /> delay; it is therefore agreed Contractor will pay to City the sum calculated at the <br /> rate of Five hundred and 00/100 Dollars ($500.00) per day as liquidated <br /> damages for each and every calendar day's delay in finishing the work in excess <br /> of the number of days prescribed, and Contractor agrees to pay said liquidated <br /> damages as herein provided, and in case the same are not paid, agrees that City <br /> may deduct the amount thereof from any monies due or that may become due <br /> under this Agreement. <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 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 to increase the <br /> said number of calendar days, Ciry 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 /> 6. Warranry for Work. Except as otherwise may be provided herein, Contractor <br /> hereby expressly guarantees for one (1) full year from the date of the final <br /> completion of the work under this Agreement and acceptance thereof by City's City <br /> Council, 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. In addition, in accordance with the specifications, the <br /> painting manufacturer, Kelly Moore, shall provide a seven (7) year warranty on the <br /> paint, of which the first five (5) years includes labor and materials. If, within said <br /> period, any repairs or replacements in connection with the work are, in the opinion <br /> of the Manager, Engineering and Construction, rendered necessary as a result of <br /> the use of inferior or defective materials, equipment or workmanship, Contractor <br /> agrees, upon receipt of notice from City, and without expense to City, to promptly <br /> repair or replace such material or workmanship and/or wrrect any and all defects <br /> therein. If Contractor, after such notice, fails to proceed promptly to comply with <br /> the terms of this guarantee, Ciry may perform the work necessary to effectuate <br /> such correction and recover the cost thereof from Contractor or his sureties. <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 and <br /> shall not reduce or limit the guarantee as provided by Contractor pursuant to this <br /> paragraph during the first year of the life of such guarantee. <br /> 7. Business License. Contractor will obtain and maintain a City of Redwood City <br /> Business License for the term of. the Agreement, as may be amended from time-to- <br /> time. <br /> z <br />