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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 and
<br />acceptance thereof by City's City Council, to repair or replace any part of the work performed
<br />hereunder which constitutes a defect resulting from the use of inferior or defective materials,
<br />equipment or workmanship. If, within said period, any repairs or replacements in connection with
<br />the work are, in the opinion of the Director, Public Works Services, rendered necessary as a result
<br />of the use of inferior or defective materials, equipment or workmanship, Contractor agrees, upon
<br />receipt of notice from City, and without expense to City, to promptly repair or replace such material
<br />or workmanship and/or correct any and all defects therein. If Contractor, after such notice, fails to
<br />proceed 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 under
<br />this Agreement shall be considered as an additional guarantee and shall not reduce or limit the
<br />guarantee as provided by Contractor pursuant to this paragraph during the first year of the life of
<br />such guarantee.
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<br /> 7. Contractor hereby agrees to indemnify and save harmless City, its Council, officers, boards,
<br /> commissions, agents and employees of and from any and all claims, suits or actions of every
<br /> name, kind and description which may be brought against City, its Council, officers, boards,
<br /> commissions, agents, or employees by reason of any injury to or death of any person or
<br /> damage suffered or 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 officers, agents
<br /> or employees in the performance of any work required of 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, 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 in
<br /> 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 insurance
<br /> coverage relating to Contractor's Work to be performed hereunder covering City's risks in
<br /> form subject to the approval of the City Attorney. The minimum amounts of coverage
<br /> corresponding to the aforesaid categories of insurance per insurable event shall be as follows:
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<br />Agmt-446
<br />F:shared/Redwood/Council
<br />FXS:djk
<br />02/14/01
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