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DES:djk 09/17/98 F:Shared/Redwood/Council/Agmt-170 such provisions before commencing the performance of the work of this Contract. [i] In accordance with the provisions of Section 1727 of the California labor Code. City, before making payment to Contractor of money due under a contract for public works. shall withhold and retain therefrom all amounts which have been forfeited pursuant to any stipulation in the Contract. and the terms of Chapter 1, Part 7. Division 2 of the California labor Code [commencing with Section 1720]. But no sum shall be withheld. retained or forfeited. except from the final payment, without a full investigation by either the Division of labor law Enforcement or by City. 5. Except as otherwise may be provided herein, Contractor hereby expressly guarantees for one [1] full year from the date of the final completion of the work under this Agreement and acceptance thereof by City's City Council, to repair or replace any part of the work performed hereunder which constitutes a defect resulting from the use of inferior or defective materials. equipment or workmanship. If. within said period, any repairs or replacements in connection with the work are, in the opinion of the City's Public Works Services Director, rendered necessary as a result of the use of inferior or defective materials, equipment or workmanship, Contractor agrees, upon receipt of notice from City, and without expense to City, to promptly repair or replace such material or workmanship and/ or correct any and all defects therein. If Contractor, after such notice. fails to proceed promptly to comply with the terms of this guarantee, City may perform the work necessary to effectuate such correction and recover the cost thereof from Contractor or his sureties. Any and all other special guarantees which may be applicable to definite parts of the work under this Agreement shall be considered as an additional guarantee and shall not reduce or limit the guarantee as provided by Contractor pursuant to this paragraph during the first year of the life of such guarantee. 6. Contractor hereby agrees to indemnify and save harmless City. its Council, officers, boards, commissions, agents and employees of and from any and all claims, suits or actions of every name, kind and description which may be brought against City. its Council. officers. boards. commissions, agents, or employees by reason of any injury to or death of any person or damage suffered or sustained by any person or corporation. caused by. or alleged to have been caused by, any act or omission to act, negligent or otherwise, of Contractor, its officers, agents or employees in the performance of any work required of Contractor by this Agreement. The duty of Contractor to indemnify and save harmless. as set forth herein, shall include a duty to defend as set forth in Section 2778 of the California Civil Code; provided, however, that nothing herein shall be construed to require Contractor to indemnify City, its Council, officers, boards, commissions, agents and employees against any responsibility or liability in contravention of Section 2782 of the California Civil Code. 7. Contractor, at its sole cost and expense. shall acquire and maintain in full force and effect throughout the term of this Agreement Workers' Compensation, employer's liability. commercial general liability, and owned, non-owned and hired automobile liability insurance coverage relating to Contractor's Work to be performed hereunder covering City's risks in form subject to the approval of the City Attorney. The minimum amounts of coverage corresponding to the aforesaid categories of insurance per insurable event shall be as follows: 4 --r