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Agmt13 Southland Construction
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Agmt13 Southland Construction
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Last modified
12/2/2013 11:12:52 AM
Creation date
12/2/2013 11:12:50 AM
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Template:
Agreement
Contractor Name
Southland Construction
PROJECT NAME
Renovation at Snadpiper Community Center 797 Redwood Shores Pkwy
RMP File Number
304.5
Date
11/27/2013
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3. Standard of Performance. All of the work to be done shall be done to the <br /> approval of, City or its authorized representative, and the work shall be done <br /> in the best workmanlike manner, conforming strictly to the provisions of the <br /> specifications and plans made thereof. Work shall be done at times that are <br /> agreed to by City. <br /> 4. Compliance with California Labor Code Provisions. Contractor shall comply <br /> with the provisions set forth in that document entitled "Labor Code <br /> Provisions" which is attached hereto as Exhibit "B" and incorporated herein <br /> by reference. <br /> 5. Liquidated Damages. It is hereby agreed by the parties to the Agreement <br /> that in case all work called for under the Agreement is not finished or <br /> completed on or before the time set forth in this Agreement, damage will be <br /> sustained by City, and that it is and will be impracticable and extremely <br /> difficult to ascertain and determine the actual damage which the City will <br /> sustain in event of and by reason of such delay; it is therefore agreed <br /> Contractor will pay to City the sum calculated at the rate of Two Thousand <br /> Five hundred and 00/100 Dollars ($2,500.00) per day as liquidated <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 <br /> that may become due under this Agreement. <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 for <br /> 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 of <br /> final surveys and the preparation of the final estimate shall not be included <br /> in such charges to be paid by Contractor. <br /> 6. Warranty 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 <br /> City's City Council, to repair or replace any part of the work perFormed <br /> hereunder which constitutes a defect resulting from the use of inferior or <br /> defective materials, equipment or workmanship. If, within said period, any <br /> repairs or replacements in connection with the work are, in the opinion of <br /> the Public Works Department, rendered necessary as a result of the use of <br /> inferior or defective materials, equipment or workmanship, Contractor <br /> agrees, upon receipt of notice from City, and without expense to City, to <br /> promptly repair or replace such material or workmanship and/or correct any <br /> and all defects therein. If Contractor, after such notice, fails to proceed <br /> Page 2 of 19 <br />
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