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<br />e <br /> <br />e <br /> <br />2 <br /> <br />pay all engineering fees for survey, design, contract documents, bidding, construction srakiDg, <br />coDStruction inspection, and preparntion and submittal of As-Built consttuction drawings. <br />S. Subject to the provisions of this agreement, City hereby agrees to the construction and iDsIaDation of <br />said utility main(s) according to the plans and specifications referenced in Section 1 hereof and <br />contract docmnents to be prepared by the Ownets engineer and approved by the City. The contract <br />documents sball include a provision for a one (1) year wammly from defects in materials and <br />woricman!lh~. The documents will also provide a "Notice" to Contractor that the City of La Porte will <br />perform daily construction inspection to insure compliance with plans and specifications. Owner <br />agrees that City will not be responsible for issuing or approving payments to the Contractor. It is <br />agreed and UDderstood that Owner is respoIISlDle for paying for any UDforeseen costs or cost ovemms <br />in the project that result from circumstances beyond the control of the City. <br />6. City sball have the right to approve the Engineer and the Contractor selected by Owner. Upon <br />completion and approval of plans, specifications, and contlact documents, the City shall authorize the <br />Owner to secure bids from qualified underground utility CODIJactors. <br />7. Owner agrees that upon completion and acceptance by City, City will assume ownership and <br />maintenance of the utility main(s) and as such shall have full control over future extensions and <br />connections thereto. <br />8. For the purposes of reimbursement, as provided for in paragraph 9, Owner agrees to supply City with a <br />statement of fmal construction costs. Owner and City agree to use the final construction cost to <br />develop an average cost per foot. Said average cost per foot shall be calculated by determining the <br />final construction cost eligxDle for reimbursement divided by the total length of utility main eligxole for <br />reimbursement as defined by E.'Chibit "A". <br />9. In the event that other owners of property abutting the utility mains e."dended by Owner under this <br />contract, as shown on the plat attached hereto as Exhibit .. A" and inCOIpOIated by reference herein, <br />shall utilize the extended utility main(s) constructed under this agreement by making connection <br />thereto under a permit from City within a period of then (10) years from and after the date City has <br />accepted the construction of said facilities by the contractor, City agrees to collect from said property <br />owners, an amount equal to their linear foot of frootage abutting the utility main times the average cost <br />