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responsibility for certifying or obtaining certification of the compaction of backfill material over <br />the IRWD FACILITIES. <br />SECTION 13. At the time of completion and acceptance of the IRWD FACILITIES, <br />CITY agrees to furnish IRWD with "as-built" drawings and one (1) copy each of the compaction <br />reports, certificate and cut sheets, as requested by IRWD. <br />SECTION 14. It is mutually agreed between the parties hereto that notwithstanding the <br />fact that CITY shall accomplish the design or construction of the IRWD FACILITIES subject to <br />reimbursement, IRWD FACILITIES to be completed hereunder, rights-of--way, and other <br />privileges, shall at all times be subject to the applicable rates, rules and regulations of IRWD, as <br />modified or amended from time to time. CITY hereby disclaims any interest in IRWD <br />FACILITIES and by acceptance of the Project which includes the IRWD FACILITIES, transfers <br />and assigns to IRWD any and all right, title, and interest it may have in the IRWD FACILITIES. <br />IRWD shall own, operate and maintain the IRWD FACILITIES following acceptance thereof. <br />SECTION 15. CITY agrees to cause its contractor for the IRWD FACILITIES to <br />guarantee the IRWD FACILITIES against defects ~in workmanship and materials for a period of <br />one (1) year from the date of acceptance by IRWD. It is further agreed that CITY shall assume <br />the responsibility for causing the IRWD FACILITIES to be brought or restored to full <br />compliance with the requirements of the Plans and Specifications, including any test <br />requirements, for any portion of the IRWD FACILITIES which during said one (1) year period <br />are found not to be in conformance with the provisions of the Plans and Specifications. This <br />guarantee is in addition to any and all other warranties, expressed or implied, from. CITY <br />contractors or material manufacturers with respect to the IRWD FACILITIES. The guarantee <br />and obligations under this section shall in no way be relieved by IRWD inspection and/or <br />approval of the IRWD FACILITIES. This section sets forth the entire agreement of CITY with <br />respect to guarantees and warranties of the IRWD FACILITIES, but this section shall in no way <br />limit any expressed or implied warranties of other persons with respect to the IRWD <br />FACILITIES. <br />SECTION 16. CITY shall indemnify, defend and hold IRWD, its officers, agents and <br />employees, harmless from any expense, liability or claim for death, injury, loss, damage or <br />expense to persons or property which may arise or is claimed to have arisen during construction <br />of the IRWD FACILITIES and prior to acceptance by IRWD, as a result of any work or action <br />performed by CITY or on behalf of CITY, save and except to the extent such death, injury, loss, <br />damage or expense is determined by a court of competent jurisdiction to have been proximately <br />Revised 12/22/04 <br />-5- <br />