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<br />replacements in connection with the work are, in the opinion of the City Engineer,
<br />rendered 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 expense to
<br />City, to promptly repair or replace such material or workmanship and/or correct any and
<br />all defects therein. If Contractor, after such notice, fails to proceed promptly to comply
<br />with the terms of this guarantee, City may perform the work necessary to effectuate such
<br />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 work
<br />under this Agreement shall be considered as an additional guarantee and shall not reduce
<br />or limit the guarantee as provided by Contractor pursuant to this paragraph during the first
<br />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 or
<br />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 work
<br />required of Contractor by this Agreement.
<br />
<br />The duty of Contractor to indemnify and save harmless, as set forth herein, shall include a
<br />duty to defend as set forth in Section 2778 of the California Civil Code; provided, however,
<br />that nothing herein shall be construed to require Contractor to indemnify City, its Council,
<br />officers, boards, commissions, agents and employees against any responsibility or liability
<br />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 effect
<br />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
<br />
<br />Insurance Cateaorv
<br />
<br />Workers' Compensation
<br />Employer's Liability
<br />
<br />Commercial General Liability
<br />
<br />Minimum Limits
<br />
<br />Statutory minimum.
<br />$1,000,000.00 per accident for
<br />bodily injury or disease.
<br />$1,000,000.00 per occurrence,
<br />$2,000,000.00 for bodily injury, person
<br />injury and property damage.
<br />$1,000,000.00 per accident,
<br />$2,000,000.00 for bodily injury and
<br />property damage (coverage required to
<br />the extent applicable to Contractor's
<br />vehicle usage in performing work
<br />hereunder).
<br />5
<br />
<br />Automobile Liability
<br />
<br />Agmt-378
<br />DES:djk
<br />F: ISh ared/Redw ood/ Coun c iJ
<br />07/27/00
<br />
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