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<br />6. Except as otherwise may be provided herein, Contractor hereby expressly guarantees for one
<br />(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
<br />with the work are, in the opinion of the Director, Public Works Services, rendered necessary
<br />as a result of the use of inferior or defective materials, equipment or workmanship, Contractor
<br />agrees, upon receipt of notice from City, and without expense to City, to promptly repair or
<br />replace such material or workmanship and/or correct any and all defects therein. If
<br />Contractor, after such notice, fails to proceed promptly to comply with the terms of this
<br />guarantee, City may perform the work necessary to effectuate such correction and recover the
<br />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 or
<br />limit the guarantee as provided by Contractor pursuant to this paragraph during the first year
<br />of the life of such guarantee.
<br />
<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.
<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 in
<br />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 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:
<br />
<br />Agmt-443
<br />F:shared/Redwood/Council
<br />FXS:djk
<br />02/12/01
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