|
<br />F:Shæ
<br />
<br />DES:djk 11/06/98
<br />.edwood/Council/ Agmt-209
<br />
<br />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 />
<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 work
<br />under this Agreement and acceptance thereof by City's City Council, to repair or
<br />replace any part of the work performed hereunder which constitutes a defect
<br />resulting from the use of inferior or defective materials, equipment or
<br />workmanship. If, within said period, any repairs or replacements in connection with
<br />the work are, in the opinion of the Director of Public Works Services, rendered
<br />necessary as a result of the use of inferior or defective materials, equipment or
<br />workmanship, Contractor agrees, upon receipt of notice from City, and without
<br />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
<br />promptly to comply with the terms of this guarantee, City may perform the work
<br />necessary to effectuate such correction and recover the cost thereof from
<br />Contractor or his sureties.
<br />
<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 />
<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 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 />
<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 />
<br />8. Contractor, at its sole cost and expense, shall acquire and maintain in full force
<br />and effect throughout the term of this Agreement Workers' Compensation,
<br />employer's liability, commercial general liability, and owned, non-owned and hired
<br />automobile liability insurance coverage relating to Contractor's Work to be
<br />performed hereunder covering City's risks in form subject to the approval of the
<br />City Attorney. The minimum amounts of coverage corresponding to the aforesaid
<br />categories of insurance per insurable event shall be as follows:
<br />
<br />5
<br />
|