In addition to other applicable conditions and requirements:
A. The applicant shall unconditionally warrant and guaranty all material, equipment and workmanship provided for installation of the city sewer or storm drain facilities for one year after the date of the director's notice of completion. Any or all such work, material or equipment that fails or proves defective in workmanship or material at any time within the one year warranty period shall be repaired or replaced by the applicant at no cost to the city. If the applicant fails to comply (or commence the work necessary for compliance) with the conditions of this warranty within ten (10) working days after being notified by the city in writing of a defect, city shall have the right, but shall not be obligated, to repair, or cause to be repaired, the defect, and the applicant shall reimburse the city for all costs and expense of the repair. If the director determines that any defect covered by this warranty results in a condition that constitutes an imminent hazard to the public health, safety or welfare, or to the environment or any property interest, or to any person, the city shall have the right to immediately repair or cause to be repaired the defect, and the applicant shall pay all costs incurred by the city to do so.
B. The applicant shall defend, indemnify and hold harmless the city, its elective and appointive boards, commissions, officers and employees from and against any and all actions, claims, damages, costs (including reasonable attorney fees), or other liability of any nature, arising from any negligent or wrongful act or omission by the applicant, its officers, employees, representatives, contractors or agents in connection with the design and/or installation of the sewer or storm drain facilities. (Ord. 2005-020 § 2 )