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Agmt98 Western States Surfacing
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Agmt98 Western States Surfacing
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Last modified
7/5/2005 3:00:54 PM
Creation date
6/23/2005 11:47:13 AM
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Template:
Agreement
Contractor Name
Western States Surfacing
PROJECT NAME
asphalt rubber chip seal project 1998
RMP File Number
304
Date
9/21/1998
Reso Ref
13368 13400
MO Ref
99-009
Box
5935
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<br />DES:djk 07/28/98 <br />F:SharedlRedwoodlCouncii/ Agmt-l72 <br /> <br />to City, to promptly repair or replace such material or workmanship and/or correct any <br />and all defects therein. If Contractor, after such notice, fails to proceed promptly to <br />comply with the terms of this guarantee, City may perform the work necessary to <br />effectuate such correction and recover the cost thereof from Contractor or his sureties. <br /> <br />Any and all other special guarantees which may be applicable to definite parts of the <br />work under this Agreement shall be considered as an additional guarantee and shall not <br />reduce or limit the guarantee as provided by Contractor pursuant to this paragraph during <br />the first year of the life of such guarantee. <br /> <br />7. Contractor hereby agrees to indemnify and save harmless City, its Council, officers, <br />boards, commissions, agents and employees of and from any and all claims, suits or <br />actions of every name, kind and description which may be brought against City, its <br />Council, officers, boards, commissions, agents, or employees by reason of any injury to <br />or death of any person or damage suffered or sustained by any person or corporation, <br />caused by, or alleged to have been caused by, any act or omission to act, negligent or <br />otherwise, of Contractor, its officers, agents or employees in the performance of any <br />work required of Contractor by this Agreement. <br /> <br />The duty of Contractor to indemnify and save harmless, as set forth herein, shall include <br />a duty to defend as set forth in Section 2778 of the California Civil Code; provided, <br />however, that nothing herein shall be construed to require Contractor to indemnify City, <br />its Council, officers, boards, commissions, agents and employees against any <br />responsibility or liability in contravention of Section 2782 of the California Civil Code. <br /> <br />8. 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 liability, <br />commercial general liability, and owned, non-owned and hired automobile liability <br />insurance coverage relating to Contractor's Work to be performed hereunder covering <br />City's risks in form subject to the approval of the City Attorney. The minimum amounts of <br />coverage corresponding to the aforesaid categories of insurance per insurable event <br />shall be as follows: <br /> <br />Insurance Cateaorv <br />Workers' Compensation <br /> <br />Minimum Limits <br />Statutory minimum. <br /> <br />Employer's Liability <br /> <br />$1,000,000.00 per accident for <br />bodily injury or disease. <br /> <br />Commercial General Liability <br /> <br />$1,000,000.00 per occurrence for <br />bodily injury, personal injury and <br />property damage. <br /> <br />Automobile Liability <br /> <br />$1,000,000.00 per accident for <br />bodily injury and property <br />damage (coverage required to the <br />extent applicable to Contractor's <br />vehicle usage in performing work <br />hereunder). <br /> <br />5 <br /> <br />......__.._.._~-_._..._...._-----...._-_..._.._..__.....---_.._.....--...............__..0--"" - <br />
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