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<br />Contract. This insurance shall be in accordance with the requirements of the most
<br />current and applicable state Workers' Compensation insurance laws. In
<br />accordance with the provisions of Section 1861 of the California Labor Code, the
<br />Contractor in signing this Agreement certifies to City as true the following
<br />statement:
<br />
<br />I am aware of the provisions of Section 3700 of the Labor Code
<br />which requires every employer to be insured against liability for
<br />workers' compensation or to undertake self-insurance in
<br />accordance with the provisions of that Code, and I will comply with
<br />such provisions before commencing the performance of the work
<br />of this Contract.
<br />
<br />(i) In accordance with the provisions of Section 1727 of the California Labor Code,
<br />City, before making payment to Contractor of money due under a contract for
<br />public works, shall withhold and retain therefrom all amounts which have been
<br />forfeited pursuant to any stipulation in the Contract, and the terms of Chapter 1,
<br />Part 7, Division 2 of the California Labor Code (commencing with Section 1720).
<br />But no sum shall be withheld, retained or forfeited, except from the final payment,
<br />without a full investigation by either the Division of Labor Law Enforcement or by
<br />City.
<br />
<br />5. Except ao othcf\Visc may be pi ovided I U::I~ill, CUlIlradUl hereby expresslY
<br />guar es for one (1) full year from the date of the final completion of the work
<br />under this eement and acceptance thereof by City's City Council, to repair or
<br />replace any pa the work performed hereunder which constitutes a defect
<br />resulting from the use 0 . erior or defective materials, equipment or workmanship.
<br />If, within said period, any rep . . or replacements in connection with the work are,
<br />in the opinion of the Manager, Engl ring and Construction, rendered necessary
<br />as a result of the use of inferior or defectl aterials, equipment or workmanship,
<br />Contractor agrees, upon receipt of notice from and without expense to City, to
<br />promptly repair or replace such material or workmans ndlor correct any and all
<br />defects therein. If Contractor, after such notice, fails to proce romptly to comply
<br />with the terms of this guarantee, City may perform the work necess 0 effectuate
<br />such correction :md recover the co
<br />
<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.
<br />
<br />6. Contractor hereby agrees to indemnify and save harmless City, its Council,
<br />officers, boards, commissions, agents and employees, of and from any and all
<br />claims, suits or actions of every name, kind and description which may be brought
<br />against City, its Council, officers, boards, commissions, agents, or employees by
<br />reason of any injury to or death of any person or damage suffered or sustained by
<br />any person or corporation, caused by, or alleged to have been caused by, any act
<br />or omission to act, negligent or otherwise, of Contractor, its officers, agents or
<br />employees in the performance of any work required of Contractor by this
<br />Agreement.
<br />
<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
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