Resolution 5335 - Laserfiche WebLink

Home Browse Search

. . . the rejected material must be removed and replaced with approved material and the rejected labor must be done again to the specifications and approval of the City and at the sole cost and expense of the Developer. 2.09. Finallnspection/Acceptance. Upon completion of the Improvements, representatives of the City and the Developer will make a final inspection of the work. The City must be satisfied that all work is satisfactorily completed in accordance with the Plans, and the Developer's engineer shall submit a written statement attesting to the same. The City shall have no obligation to accept the Improvements if they are not consistent with the Plans or not in compliance with all City ordinances and standards related thereto. Final approval and acceptance of the Improvements shall be by a resolution duly adopted by the city council of the City. 2.10. Warranty on Property Work and Materials. The Developer warrants all work required to be performed by it under this Agreement regarding the Improvements against defective material and faulty workership for a period of one (1) year after completion and acceptance by the City, except that the warranty period for the street, drainage, and erosion portions of the Improvements shall be for two (2) years after completion and acceptance by the City. All trees, grass, sod or other landscaping installed in connection with the Improvements are warranted to be alive, of good quality, and disease free for one year after planting, Any replacements of same shall be similarly warranted for one year from the time of planting. The Developer shall be solely responsible for all costs of performing repair and replacement work required by the City and shall perform such work within thirty (30) days of receiving demand for such work from the City, weather permitting. 2.11 Records and Plans. Upon completion of the Improvements, the Developer will furnish the City with a full set of Mylar as-built plans for the City's records. 2.12. Indemnification. Notwithstanding anything to the contrary in this Agreement, the City, its officers, agents, and employees shall not be personally liable or responsible in any mannE?f to the Developer, the Developer's contractor or subcontractors, material suppliers, laborers, or to any other person or persons for any claim, demand, damage, action, or cause of action of any kind or character arising out of or by reason of the execution of this Agreement or the performance and completion of the Improvements. The Developer agrees to save the City, its officers, agents, and employees, harmless from all such claims, demands, damages, and causes of action and the costs, disbursements, and expenses of defending the same, including but not limited to, attorney's fees, consulting engineering services, and other technical, administrative or professional assistance. 2.13. Comoliance with Existina Laws. The Developer warrants that all work performed pursuant to this Agreement shall be in compliance with existing laws, ordinances, pertinent regulations, standards, specifications of the Minnesota Pollution Control Agency as outlined in Document #981863 date-stamped February 25, 1998 and specifications of the City, and is subject to approval of the City's Building Official. 4