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, It is further agreed that in case the work called for under this Agreement is not completed in all of its parts
<br /> and requirements within the number of calendar days specified, City shall have the right to increase the
<br /> number of calendar days or not, as may seem best to serve the interest of City; and if it is decided to
<br /> increase the said number of calendar days, City shall further have the right#o charge to Contractor, and
<br /> deduct from the final payment 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 City which are directly
<br /> chargeable to this 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. Warranty for Work. 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 work under this Agreement
<br /> and acceptance thereof by 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 defective materials, equipment
<br /> or workmanship. If,within said period, any repairs or replacements in connection with the work are, in the
<br /> opinion of the Manager, Engineering and Transportation, rendered necessary as a result of the use of
<br /> inferior or defective materials, equipment or workmanship, Contractor agrees, upon receipt of notice from
<br /> City, and without expense to 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 proceed promptly to comply
<br /> with the terms of this guarantee, City may perform the work necessary to effectuate such correction and
<br /> recover the cost thereof from Contractor or his sureties.
<br /> Any and all other special guarantees which may be applicable to definite parts of the work under this
<br /> Agreement shall be considered as an additional guarantee and shall not reduce or limit the guarantee as
<br /> provided by Contractor pursuant to this 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 Business License for the
<br /> term of the Agreement, as may be amended from time-to-time.
<br /> 8. Insurance and Indemnification. Contractor, at its sole cost and expense, shall acquire and maintain in full
<br /> force and effect throughout the term of this Agreement Workers' Compensation, employer's liability,
<br /> commercial general liability, and owned, non-owned and hired automobile liability insurance coverage
<br /> relating to Contractor's Work to be performed hereunder covering City's risks in form subject to the
<br /> approval of the City Attorney. The minimum amounts of coverage corresponding to the aforesaid
<br /> categories of insurance per insurable event shall be as follows:
<br /> Insurance Cateqorv Minimum Limits
<br /> Workers'Compensation Statutory minimum.
<br /> Employer's Liability $1,000,000.00 per accident for bodily injury or
<br /> disease.
<br /> Commercial General Liability $1,000,000.00 per occurrence, $2,000,000
<br /> aggregate for bodily injury, personal injury and
<br /> property damage.
<br /> Automobile Liability $1,000,000 per occurrence, (coverage required to
<br /> the extent applicable to Contractor's vehicle usage
<br /> in performing work hereunder).
<br /> Any deductibles or self-insured retentions must be declared to, and approved by City. At the option of
<br /> City either Contractor's insurer shall reduce or eliminate the deductibles or self-insured retentions with
<br /> respect to City, it's Council, commissions, boards, committees, officers, employees and agents or
<br /> Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim
<br /> administration and defense expenses.
<br /> AGREEMENT
<br /> BREWSTER AVENUE/BROADWAY BICYCLE DETECTION PROJECT 00520-2
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