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e e 2 S. Subject to the provisions of this agreement, City hereby agrees to the construction and installation of said utility main(s) according to the plans, specifications and contract documents to be prepared by the 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. The documents will also provide a "Notice" to Contractor that the City of La Porte will perform daily construction inspection to insure compliance with plans and specifications. Owner agrees that City will not be responsible for issuing or approving payments to the 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 the control of the City. 6. City shall have the right to approve the Engineer and the Contmctor selected by Owner. Upon completion and approval of plans, specifications. and contmct documents, the City shall authorize the Owner to secure bids from qualified underground utility contractors. 7. Owner agrees that upon completion and acceptance by City, City will assume ownership and maintenance 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 offinal construction costs. Owner and City agree to use the final construction 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 the total length of utility main eligible for reimbursement as defined by Exhibit" A". 9. In the event that other owners of property abutting the utility mains extended by Owner under this contract, as shown on the plat attached hereto as Exhibit " A" and incorporated by reference herein, shall utilize the extended utility main(s) constructed under this agreement by making connection thereto under a permit from City within a period of ten (10) years from and after the date City has accepted the construction of said facilities by the contractor, City agrees to collect from said property owners, an amount equal to their linear foot of frontage abutting the utility main times the average cost per foot and reimburse this amount to Owner. In the event that other Owner(s) have participated in the cost of the extension of this line(s), all participating owner(s) shall be reimbursed pro rata to their respective participation in the cost of the line(s).