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<br />additional rights-of-way and/or easements at no cost to City on City approved <br />forms. All permits and approvals required by entities with jurisdiction shall be <br />secured prior to construction. <br /> <br />4. Owner agrees to pay all costs related to the construction and installation of said <br />utility main(s) including necessary appurtenances in conformance with City's <br />standards and specifications for said utility main(s) all in accordance with plans <br />referenced in Section 1 hereof. Owner further agrees to pay all engineering fees <br />for survey, design, contract documents, bidding, construction staking, <br />construction inspection, and preparation and submittal of As-Built construction <br />drawings and to indemnify City and hold City harmless for Owner's failure to pay <br />same. <br /> <br />5. Subject to the provisions of this agreement, City hereby agrees to the <br />construction and installation of said utility main(s) according to the plans and <br />specifications referenced in Section 1 hereof and contract documents to be <br />prepared by the Owner's engineer and approved by the City. The contract <br />documents shall include a provision for a one (1) year warranty from defects in <br />materials and workmanship. The documents will also provide a "Notice" to <br />Contractor that the City will perform daily construction inspection to insure <br />compliance with plans and specifications. Owner agrees that City will not be <br />responsible for issuing or approving payments to the Contractor. It is agreed and <br />understood that Owner is responsible for paying for any unforeseen costs or cost <br />overruns in the project that result from circumstances beyond the control of the <br />City. <br /> <br />6. City shall have the right to approve the Engineer and the Contractor selected by <br />Owner. Upon completion and approval of plans, specifications, and contract <br />documents, the City shall authorize the Owner to secure bids from qualified <br />underground utility contractors. <br /> <br />2 <br />