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<br />DES:djk 07/11100
<br />F: Shared/Redwood/Council/ Agmt-369
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<br />have the right to increase the number of calendar days or not, as may seem best to serve the
<br />interest of City; and if it is decided to increase the said number of calendar days, City shall
<br />further have the right to charge to Contractor, and deduct from the final payment for the
<br />work, all or any part, as City may deem proper, of the actual cost of engineering,
<br />inspection, superintendence, and other overhead expenses of City which are directly
<br />chargeable to this Agreement, except that the cost of final surveys and the preparation of
<br />the final estimate shall not be included in such charges to be paid by Contractor.
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<br />6. Except as otherwise may be provided herein, Contractor hereby expressly guarantees for
<br />one (1) full year from the date of the final completion of the work under this Agreement
<br />and acceptance thereof by City's City Council, to repair or replace any part of the work
<br />performed hereunder which constitutes a defect resulting from the use of inferior or
<br />defective materials, equipment or workmanship. If, within said period, any repairs or
<br />replacements in connection with the work are, in the opinion of the Director of Public
<br />Works Services, rendered necessary as a result of the use of inferior or defective materials,
<br />equipment or workmanship, Contractor agrees, upon receipt of notice from City, and
<br />without expense to City, to promptly repair or replace such material or workmanship
<br />and/or 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 necessary
<br />to effectuate such correction and recover the cost thereof from Contractor or his sureties.
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<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.
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<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 actions
<br />of every name, kind and description which may be brought against City, its Council,
<br />officers, boards, commissions, agents, or employees by reason of any injury to or death of
<br />any person or damage suffered or sustained by any person or corporation, caused by, or
<br />alleged to have been caused by, any act or omission to act, negligent or otherwise, of
<br />Contractor, its officers, agents or employees in the performance of any work required of
<br />Contractor by this Agreement.
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<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,
<br />however, that nothing herein shall be construed to require Contractor to indemnify City, its
<br />Council, officers, boards, commissions, agents and employees against any responsibility or
<br />liability in contravention of Section 2782 of the California Civil Code.
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<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
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