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e e 2 5. Subject to the provisions of this agreement. City hereby agrees to tJle construction and installation of said utility nmin(s) according to the plans. specifications and contract documents to be prepared by tJle Owner's engineer and approved by the City. The contract documents shall include a provision for a one (1) year warranty from defects in materials and workmanship. TIle documents will also provide a "Notice" to Contractor tJlat tJle City of La Porte will perform daily construction inspection to insure complicUlce with plcUls cUld specifications. Owner shall submit Contractor Payment Requests to City for review prior to Owner making payments to Contractor. It is agreed and understood that Owner is responsible for paying for any unforeseen costs or cost overruns in the project that result from circumstances beyond tJle control of the City. 6. City shall have the right to approve the Engineer and the Contractor selected by Owner. Upon completion and approval of plans, specifications, and contract documents, the City shall authorize the Owner to secure bids from qualified underground utility contrnctors. 7. Owner clgrees that upon completion and acceptance by City, City will assume ownership and maintemmce of the utility main(s) and as such shall have full control over future extensions and connections thereto. 8. For the purposes of reimbursement. as provided for in paragraph 9, Owner agrees to supply City with a statement of final constmction costs. Owner and City agree to use the final constmction cost to develop an average cost per foot. Said average cost per foot shall equal the final construction cost eligible for reimbursement. less any allowances for City participation, divided by tJle total length of utility main eligible for reimbursement as defined by Exhibit "A". 9. In tJle event that other owners of property abutting tJle utility mains extended by Owner under this contract. as shown on tIle map attached hereto as Exhibit "A" and incorporated by reference herein, shall utilize the extended utility main(s) constmcted under tlus agreement by making cOlUlection thereto under a pernut from City within a period of then (10) years from and after the date City 11<1s accepted the constmction of Sc1id facilities by the contractor. City agrees to collect from said property owners. an amolUlt equal to their linear foot of frontage abutting tJle utility main times tJle average cost per foot. In the event that otJler Owner(s) llave participated in tJle cost of the extension OftJlis line(s),