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<br />2 <br /> <br />5. Subject to the provisions of this agreement, City hereby agrees to the construction and installation of said utility <br /> <br />main(s) according to the plans, specifications and contract documents to be prepared by the Owner's engineer <br /> <br />and approved by the City. The contract documents shall include a provision for a one (1) year warranty from <br /> <br />defects in materials and workmanship. The documents will also provide a "Notice" to Contractor that the City <br /> <br />of La Porte will perform daily construction inspection to insure compliance with plans and specifications. <br /> <br />Owner agrees that City will not be responsible for issuing or approving payments to the Contractor. It is agreed <br /> <br />and understood that Owner is responsible for paying for any unforeseen costs or cost overruns in the project that <br /> <br />result from circumstances beyond the control of the City. <br /> <br />6. City shall have the right to approve the Engineer and the Contractor selected by Owner. Upon completion and <br /> <br />approval of plans, specifications, and contract documents, the City shall authorize the Owner to secure bids <br /> <br />from qualified underground utility contractors. <br /> <br />7. Owner agrees that upon completion and acceptance by City, City will assume ownership and maintenance of <br /> <br />the utility main( s) and as such shall have full control over future extensions and connections thereto. <br /> <br />.~,,--~ <br /> <br />IN WITNESS WHEREOF, the Parties to these presents have executed this agreement in several counterparts, <br /> <br />each of which shall be deemed an original, in the year and day first mentioned above. <br /> <br />(Seal) <br /> <br />CITY OF. LA~R~ ~ <br />By:~.~1iJ C} a/. <br />TITLE (:;y /MIlo 'f4 <br /> <br /> <br />(Seal) <br /> <br />ASHLEY MADRAY & JASON WILLINGHAM <br />(DBA - GAS INNOVATIONS) <br /> <br />BY: <br /> <br /> <br />(Witness or Secretary of Company) <br /> <br />AP~~ <br /> <br />City Attorney <br /> <br />BY: <br />