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DES:djk 11/22/00 F:Shared/Redwood/Council/ Agmt-423 BeforS the Agreement between City and Contractor is entered into, Contractor shall s~bmit written evidence that it and any subcontractors have obtained for the period i of the Contract full Workers' Compensation insurance coverage for all perso~s whom they employ or may employ in carrying out the work under this contrjct. This insurance shall be in accordance with the requirements of the most urrent and applicable state Workers' Compensation insurance laws. In accor .ance with the provisions of Section 1861 of the California labor Code, the Contr~ctor in signing this Agreement certifies to City as true the following statement: I I am aware of the provisions of Section 3700 of the labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. (i) In acc rdance with the provisions of Section 1727 of the California labor Code, City, efore making payment to Contractor of money due under a contract for public works, shall withhold and retain therefrom all amounts which have been forfeit d 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 n sum shall be withheld, retained or forfeited, except from the final paym nt, without a full investigation by either the Division of labor law Enfor ement or by City. 5. Except a otherwise may be provided herein, Contractor hereby expressly guarante s for one (1) full year from the date of the final completion of the work under thi 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 workman hip. If, within said period, any repairs or replacements in connection with the work re, in the opinion of the City's Public Works Services Director, rendered necessa as a result of the use of inferior or defective materials, equipment or workman hip, Contractor agrees, upon receipt of notice from City, and without expense t City, to promptly repair or replace such material or workmanship and/or correct apy and all defects therein. If Contractor, after such notice, fails to proceed Rromptly to comply with the terms of this guarantee, City may perform the work nec~ssary to effectuate such correction and recover the cost thereof from Contractolr or his sureties. Any and .11 other special guarantees which may be applicable to definite parts of the work ~nder this Agreement shall be considered as an additional guarantee and shall not reduce or limit the guarantee as provided by Contractor pursuant to this paragrap~ 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 4 T" --