Hickham Industries, Inc. Utility Easement

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< .. . . . copy (4) Owner agrees to pay all costs related to the construction and installation of said line(s) including necessary appurtenances in conformance with City's standards and specifications for said line(s). Owner further agrees to pay all engineering fees for survey, design, contract documents, bidding, construction staking, construction inspection, preparation and submittal of final construction costs as well as preparation of As-Built drawings. (5) Subject to the provisions of this agreement, City hereby agrees to the construction and installation of utility main(s) by Owner's contractor, according to the plans and specifications to be prepared by the Owner's engineer and approved by the City. Upon final approval of plans and specifications, Owner will submit to City no less than three competitive bids for construction of utility main(s) each from a contractor with demonstrated experience in construction of public utility mains. City sball review the bids and approve the contractor. Upon approval of the contractor, the City shall authorize construction of said utility main(s) by Owner's contractor. It is agreed and understood that the bid amount agreed upon and accepted by City and Owner does not relieve Owner from paying for any unforeseen costs/or cost overruns in the project that result from circumstances beyond the control of the City. (6) Owner agrees to the following provisions and, furthermore, Owner's agreement with the contractor shall incoIporate these provisions; (a) Owner sball require the contractor to diligently pursue the construction of the project to completion. (b) City sha11 observe and inspect the construction to insure compliance with the plans & specifications. City shall have the right to reject any defective materials or workmanship. (c) Any progress payment(s) or final payment to the contractorsha11 be reviewed and approved by rlISt, the Owner's engineer and second, the City, prior to Owner making such payment. (d) Contractor shall WilJT3Ilty all work to the City for one year from the date of acceptance by the city.