Agmt12 R.E. Brooker Co., Inc. Painting Contractor

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done in the best workmanlike manner, conforming strictly to the provisions of the specifications and plans made thereof. Work shall be done at times that are agreed to by City. 4. Compliance with California Labor Code. Contractor shall comply with State labor laws, including the provisions set forth in that document entitled "Labor Code Provisions" which is attached hereto as Exhibit B and incorporated herein by reference. 5. Compliance with CDBG-R Reauirements. Contractor agrees to comply with all applicable supplemental Federal regulations and requirements pertaining to this project and CDBG-R grant conditions as described in, but not limited to, the provisions in Exhibit C which are incorporated herein by this reference. 6. Liauidated Damaaes. It is hereby agreed by the parties to the Agreement that in case all work called for under the Agreement is not finished or completed on or before the time set forth in this Agreement, damage will be sustained by City, and that it is and will be impracticable and extremely di�cult to ascertain and determine the actual damage which the City will sustain in event of and by reason of such delay; it is therefore agreed Contractor will pay to City the sum calculated at the rate of Five Hundred and 00/100 Dollars ($500.00) per day as liquidated damages for each and every calendar days delay in finishing the work in excess of the number of days prescribed, and Contractor agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that City may deduct the amount thereof from any monies due or that may become due under this Agreement. It is further agreed that in case the work called for under this Agreement is not completed in all of its parts and requirements within the number of calendar days specified, City shall have the right to increase the number of calendar days or not, as may seem best to serve the interest of City; and if it is decided to increase the said number of calendar days, City shall further have the right to charge to Contractor, and deduct from the final payment for the work, all or any part, as City may deem proper, of the actual cost of engineering, inspection, superintendence, and other overhead expenses of City which are directly chargeable to this Agreement, except that the cost of final surveys and the preparation of the final estimate shall not be included in such charges to be paid by Contractor. 7. Warrantv for Work. Except as otherwise may be provided herein, Contractor expressly guarantees wood surtaces for three (3) full years and block/stucco surFaces for five (5) full years from the date of the final completion of the work under this Agreement and acceptance thereof by City's City Council, to repair or replace any part of the work perFormed hereunder which constitutes a defect resulting from the use of inferior or defective materials, equipment or workmanship. If, within said period, any ATTY/AGR/2012.082/BROOCKER PAINTING AGREEMENT—1306 MAIN REV:06-22-12 VR Page 2 of 16