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<br />;c FXS:djk 09107/99
<br />F;~ ,..iedIRedwood/CouncillAgmt-290
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<br />(a) Contractor shall guarantee the installation of all required striping no less
<br />than 24 hours, but no more than three (3) days after the speed hump
<br />installation.
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<br />(b) Controctor may install the signing up to three (3) days before, but no
<br />later than the day of the speed hump installation. All sign panels
<br />installed before the speed hump installation shall be covered by
<br />Contractor. Contractor shall be responsible for removing the coverings
<br />on the day of the speed hump installation.
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<br />6. 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
<br />work under this Agreement and acceptance thereof by City's City Council,
<br />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, If, within said period, any repairs or
<br />replacements in connection with the work are, in the opinion of the City
<br />Engineer, rendered necessary as a result of the use of inferior or defective
<br />materials, equipment or workmanship, Contractor agrees, upon receipt of
<br />notice from City, and without expense to City, to promptly repair or replace
<br />such material or workmanship and/or correct any and all defects therein. If
<br />Contractor, after such notice, fails to proceed promptly to comply with the
<br />terms of this guarantee, City may perform the work necessary to effectuate
<br />such correction and recover the cost thereof from Contractor or his sureties,
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<br />Any and all other special guarantees which may be applicable to definite
<br />parts of the work under this Agreement shall be considered as an additional
<br />guarantee and shall not reduce or limit the guarantee as provided by
<br />Contractor pursuant to this paragraph during the first year of the life of such
<br />guarantee.
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<br />7. Contractor hereby agrees to indemnify and save harmless City, its Council,
<br />officers, boards, commissions, agents and employees of, and from any and
<br />all claims, suits or actions of every name, kind and description which may
<br />be brought against City, its Council, officers, boards, commissions, agents,
<br />or employees by reason of any injury to or death of any person or damage
<br />suffered or sustained by any person or corporation, caused by, or alleged
<br />to have been caused by, any act or omission to act, negligent or otherwise,
<br />of Contractor, its officers, agents or employees in the performance of any
<br />work required of Contractor by this Agreement.
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<br />The duty of Contractor to indemnify and save harmless, as set forth herein,
<br />shall include a duty to defend as set forth in Section 2778 of the California
<br />Civil Code; provided, however, that nothing herein shall be construed to
<br />require Contractor to indemnify City, its Council, officers, boards,
<br />commissions, agents and employees against any responsibility or liability in
<br />contravention of Section 2782 of the California Civil Code.
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