1998-10-26 Regular Meeting of City Council

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e e (3) City hereby agrees to 111e construction and instn.llation of an extension of its utility mc1in(s) to sc1id property extending from previously constructed fc1cilities as shown on Exhibit" A" conunencing at the nearest existing utility main(s) of sufficient size and capacity. TIlence along/111m City of L..1Porte rights-of-way and/or e.1SCments to said Owner's property. In the event tlmt necessary rights-of-way and/or e.1sements do not exist to fc1cilitc1le the extension of said utility main(s), Owner shall be solely responsible for obtaining said additional rights-of-wny and/or easements for extension of utility main(s) at no cost to City, on City approved fonns. (4) Owner agrees to pay all costs related to tlle construction and installntion of snid utility mains including necesSaJy appurtenances in confonnance willl City's standards and specification for said utility mains. Owner further agrees to pay all engineering fees for survey, design, contrnct documents. bidding. construction staking, construction inspection, prep.1JiItion and submittal of final construction cost as well as preparation of As-Built drawings. TIle constnlction costs shall be credited against tllc COMPANY'S payment to the CITY as stipulated in tlle Water and Sewer Service Agreement. (5) Subject to tJle provisions of this agreement. City hereby agrees to the construction and installation of utility main(s) by Owner's contractor, according to the plans lUld specifications to be prep.1J"ed by thc Owner's engineer and approved by the City. The contc1ct documents shall include a provision for a one (1) Y~lr warmllty from defects in nmteriaJs and workmanship. The documents will also provide a "Notice" to Contractor that tlle City of L..1 Porte wi.ll perfonn the daily construction inspection to insure complilUlce with plc1ns lUld specifications. Upon final approval of plans and specifications, Owner will submit to City no less tlllUl three competitive bids for construction of utility main(s) each from a contractor with demonstrated experience in construction of public utility mains. City shall review the bids and approve iWleiees tile contractor. Upon approval of tile contractor. tlle City shnll authorize construction of said utility main(s) by Owner's contrnctor. It is agreed and IUlderstood tlmt the bid lUllollnt agreed upon and accepted by City and Owner does not relieve Owner from paying for any unforeseen costs/or cost overruns in the project I1mt result from circlIInstances beyond tile control of tile City. Owner is also responsible for costs to construct a lift station required to tnUlSport wastewater into the CITY'S collection system. TIlis will be a privately owned and maintained lift station. (6) Owner agrees to the following provisions and, fiutJlennore. Owner's agreement with the contractor shall incorporate these provisions;