Resolution 2023-37 - Laserfiche WebLink

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Boulder County, CO 04015648 2 of 6 construction specifications applicable at the time of construction plan approval (collectively, "Plans and Specifications"). Subdivider agrees that during construction of the Work, Subdivider shall take any and all steps necessary to control trash, mud, and debris in City rights -of -way, and shall immediately rernove such trash, mud, and debris from public rights of way after notification by the City. If Subdivider does not abate, or if an emergency exists, City may abate at Subdivider's expense. 4. City Remedies. The City will have the option, but no obligation, to draw on the Improvement Guarantee to complete the Work, or to correct any deficiencies and make any needed repairs to any portion of Work not completed or conforming to the Plans and Specifications, if: (i) the Work has not been finally completed and accepted by the City within the timeframe set forth in the ROW Permit, including any extensions, which must be made in writing by the City Manager; (ii) the Subdivider has made statements or taken action that would indicate to a reasonable person that the Subdivider has abandoned its undertaking of the Worit's completion, and the Subdivider has failed to timely respond to City inquiries regarding the same; or (iii) The City has completed any Work to correct any deficiency and made any needed repairs to any portion of the Work during the Warranty Period. The City shall provide the Subdivider with ken (10) days' written notice before commencing the Work, within which period the Subdivider will have an opportunity to provide the City with a satisfactory schedule for completion of the Work. The City's remedy under this Section shall not limit the City from pursuing any other remedies under this Agreement, at law, or in equity. 5. Construction Completion. Upon completion, Subdivider shall request an inspection of the Work by the City Public Works Department, Engineering Division (the "Division"). The City will not accept the Work unless it conforms to the Plans and Specifications and achieves its intended purpose. Subdivider is responsible for all repairs, replacements, construction, or other work, and for requesting as many inspections by the Division as may be required to achieve acceptance of the Work, G. Return of Improvement Guarantee; Warranty. Upon the City's written acceptance of the Work, the City shall release the Improvement Guarantee, excluding amounts withheld in accordance with this Agreement, if any, except that the City will retain $3,000 to secure the Subdivider's warranty as established in the ROW Permit. The ROW Permit requires a two year warranty after work is completed and accepted by the City. After the two year warranty period the funds remaining on file with the City as an Improvement Guarantee will be returned to the Subdivider, excluding sums drawn on by the City pursuant to Section 4 of the Agreement. 7. As-Builts. Subdivider shall provide the Division with a PDF certified by a civil engineer upon completion of the Work and other documents as required by the City. These documents shall show "as -built" locations of Work. Such documents shall be provided to the City prior to the City's acceptance of the Work. S. Indemnification and Release of Liability. Subdivider agrees to indemnify and hold harmless the City, its officers, employees, agents, or servants, and to pay any and all judgments rendered against the City, its officers, employees, agents or servants on account of any suit, action,