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Agreement, except that the cost of final surveys and the preparation of the final
<br /> 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
<br /> guarantees for one (1) full year from the date of the final completion of the work
<br /> under this Agreement and acceptance thereof by City's City Council, to repair or
<br /> replace any part of the work performed hereunder which constitutes a defect
<br /> resulting from the use of inferior or defective materials, equipment or
<br /> workmanship. If, within said period, any repairs or replacements in connection with
<br /> the work are, in the opinion of the Manager, Engineering and Construction,
<br /> 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,
<br /> and without expense to City, to promptly repair or replace such material or
<br /> workmanship and/or correct any and all defects therein. If Contractor, after such
<br /> notice, fails to proceed promptly to comply with the terms of this guarantee, City
<br /> may perform the work necessary to effectuate such correction and recover the
<br /> 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
<br /> the work under this Agreement shall be considered as an additional guarantee and
<br /> shall not reduce or limit the guarantee as provided by Contractor pursuant to this
<br /> paragraph during the first year of the life of such guarantee.
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<br /> 7. Contractor hereby agrees to indemnify and save harmless City, Agency, their
<br /> councils, boards, commissions, officers, employees or agents from any and all
<br /> claims, suits or actions of every name, kind and description which may be brought
<br /> against City, Agency, their councils, boards, commissions, officers, employees or
<br /> agents by reason of any injury to or death of any person or damage suffered or
<br /> sustained by any person or corporation, caused by, or alleged to have been
<br /> caused by, any act or omission to act, negligent or otherwise, of Contractor, its
<br /> 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
<br /> include a duty to defend as set forth in Section 2778 of the California Civil Code;
<br /> provided, however, that nothing herein shall be construed to require Contractor to
<br /> indemnify City, Agency, their councils, boards, commissions, officers, employees
<br /> or agents against any responsibility or liability in contravention of Section 2782 of
<br /> the California Civil Code.
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<br /> 8. Contractor, at its sole cost and expense, shall acquire and maintain in full force
<br /> and effect throughout the term of this Agreement Workers' Compensation,
<br /> employer's liability, commercial general liability, and owned, non-owned and hired
<br /> automobile liability insurance coverage relating to Contractor's Work to be
<br /> performed hereunder covering City's risks in form subject to the approval of the
<br /> City Attorney. The minimum amounts of coverage corresponding to the aforesaid
<br /> categories of insurance per insurable event shall be as follows:
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<br />F:Atty/Agr/Agr.079 5
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