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<br /> I am aware of the provisions of Section 3700 of the Labor Code which
<br /> requires every employer to be insured against liability for workers'
<br /> compensation or to undertake self-insurance in accordance with the
<br /> provisions of that Code, and I will comply with such provisions before
<br /> commencing the performance of the work of this Contract.
<br /> (i) In accordance with the provisions of Section 1727 of the California Labor Code,
<br /> City, before making payment to Contractor of money due under a contract for
<br /> public works, shall withhold and retain therefrom all amounts which have been
<br /> forfeited pursuant to any stipulation in the Contract, and the terms of Chapter 1,
<br /> Part 7, Division 2 of the California Labor Code (commencing with Section 1720).
<br /> But no sum shall be withheld, retained or forfeited, except from the final payment,
<br /> without a full investigation by either the Division of Labor Law Enforcement or by
<br /> City.
<br />5. 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
<br /> under this Agreement to repair or replace any part of the work performed
<br /> hereunder which constitutes a defect resulting from the use of inferior or defective
<br /> materials, equipment or workmanship. If, within said period, any repairs or
<br /> replacements in connection with the work are, in the opinion of the Manager,
<br /> Engineering and Construction, rendered necessary as a result of the use of inferior
<br /> or defective materials, equipment or workmanship, Contractor agrees, upon receipt
<br /> of notice from City, and without expense to City, to promptly repair or replace such
<br /> material or workmanship and/or correct any and all defects therein. If Contractor,
<br /> after such notice, fails to proceed promptly to comply with the terms of this
<br /> 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
<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 />6. 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 brought
<br /> against City, its Council, officers, boards, commissions, agents, or employees by
<br /> reason of any injury to or death of any person or damage suffered or sustained by
<br /> any person or corporation, caused by, or alleged to have been caused by, any act
<br /> or omission to act, negligent or otherwise, of Contractor, its officers, agents or
<br /> employees in the performance of any work required of Contractor by this
<br /> Agreement.
<br /> The duty of Contractor to indemnify and save harmless, as set forth herein, shall
<br /> include a duty to defend as set forth in Section 2778 of the California Civil Code;
<br /> provided, however, that nothing herein shall be construed to require Contractor to
<br /> indemnify City, its Council, officers, boards, commissions, agents and employees
<br /> against any responsibility or liability in contravention of Section 2782 of the
<br /> California Civil Code.
<br />7. Contractor, at its sole cost and expense, shall acquire and maintain in full force and
<br /> effect throughout the term of this Agreement Workers' Compensation, employer's
<br /> liability, commercial general liability, and owned, non-owned and hired automobile
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