Common use of THE OWNER AGREES Clause in Contracts

THE OWNER AGREES. That the plans for the RELOCATION WORK are based on stand­ards which conform to or exceed the minimum requirements of all applic­able National, State and Local codes and regulations and that the OWNER is solely responsible for the operation and main­tenance of utility plant covered by or completed under this agreement in conformity with such standards. To purchase all necessary rights-of-way and easements as are required to accommodate the RELOCATION WORK, and to secure such permits and approvals as are required. To accomplish all RELOCATION WORK described in the "Scope of Work" section (c), furnishing all labor, materials and equipment necessary to complete the work. To provide quality control and on-the-job inspection of materials and construction methods used in the RELOCATION WORK described in the “SCOPE OF WORK”, at no cost to the MUNICIPALITY, and to save the MUNICIPALITY free and harmless from any responsibility therefore, except where the MUNICIPALITY shall disregard written exceptions filed with the MUNICIPALITY by the inspector for the OWNER. To cooperate with other utility companies, the MUNICIPALITY, and contractors employed by the MUNICIPALITY, and to carry out its activi­ties in such a way as not to obstruct or delay other work being performed within the project area. To abide by the applicable provisions of Attachment #1 "Construction Conditions" which is attached hereto and made a part hereof. To notify the MUNICIPALITY of any substantial changes in the scope or character of the RELOCATION WORK when those costs associated with the change increase the total project cost by more than ten (10) percent of the original estimate. This notification should be made as soon as the need for such change becomes apparent. To notify the MUNICIPALITY at least twenty-four (24) hours in advance of beginning or resuming RELOCATION WORK for which reim­bursement will be claimed. To submit to the MUNICIPALITY, upon request, weekly progress re­ports of labor, materials and equipment used in the RELOCATION WORK. To maintain in good and safe condition its plant and facili­ties located within the project limits and to repair any property damage resulting from such maintenance to the satisfaction of the MUNICIPALITY. To accept facilities constructed in the RELOCATION WORK described in paragraph (d) immediately upon completion and demon­strated capability of the system to function as intended. To accumulate all actual direct and related indirect costs by means of special work orders or job orders in accordance with the accounting procedures used in its regular work. To include in any progress or final billing to the MUNICIPALITY receipted bills from third parties where applicable and a detailed statement of labor, materials, equipment and incidental expenses incurred in the RELOCATION WORK during the billing period. The MUNICIPALITY will send reimbursements directly to OWNER at: ______________________________________________________________________ To submit final billing for reimbursement to the MUNICIPALITY within 120 days after completion of the work, such billing to contain the information required by 23 C.F.R. 645.117(i). To allow authorized representatives of the MUNICIPALITY, the State of Vermont and the Federal Highway Administration (FHWA) to audit its utility cost records as may be required in determining reimburse­ment, including investigation of all records and any stipulation made by the OWNER as to the derivation of betterment and expired service life, if any, and to retain such records for a minimum of three (3) years after final payment has been received. This agreement shall be binding upon the successors and assigns of the respective parties hereto:

THE OWNER AGREES. That the plans for the RELOCATION WORK are based on stand­ards standards which conform to or exceed the minimum requirements of all applic­able applicable National, State and Local codes and regulations and that the OWNER is solely responsible for the operation and main­tenance maintenance of utility plant covered by or completed under this agreement in conformity with such standards. To purchase secure all necessary rights-of-way and easements as are required to accommodate the RELOCATION WORKeasements, and to secure such permits and approvals specific to the utilities work and industry requirements which are not secured by the MUNCIPALITY for the work undertaken as are requiredpart of the project. To accomplish all RELOCATION WORK described in the "Scope of Work" section (c), furnishing all labor, materials and equipment necessary to complete the work. To provide quality control and on-the-job inspection of materials and construction methods used in the RELOCATION WORK described in the “SCOPE OF WORK”, at no cost to the MUNICIPALITY, and to save the MUNICIPALITY free and harmless from any responsibility therefore, except where the MUNICIPALITY shall disregard written exceptions filed with the MUNICIPALITY by the inspector for the OWNER. To cooperate with other utility companies, the MUNICIPALITY, and contractors employed by the MUNICIPALITY, and to carry out its activi­ties activities in such a way as not to obstruct or delay other work being performed within the project area. To abide by the applicable provisions of Attachment #1 "Construction Conditions" which is attached hereto and made a part hereof. To notify the MUNICIPALITY of any substantial changes in the scope or character of the RELOCATION WORK when those costs associated with the change increase the total project cost by more than ten (10) percent of the original estimate. This notification should be made as soon as the need for such change becomes apparent. To notify the MUNICIPALITY at least twenty-four (24) hours in advance of beginning or resuming RELOCATION WORK for which reim­bursement reimbursement will be claimed. To submit to the MUNICIPALITY, upon request, weekly progress re­ports reports of labor, materials and equipment used in the RELOCATION WORK. To maintain in good and safe condition its plant and facili­ties facilities located within the project limits and to repair any property damage resulting from such maintenance to the satisfaction of the MUNICIPALITY. To accept facilities constructed in the RELOCATION WORK described in paragraph (d) immediately upon completion and demon­strated demonstrated capability of the system to function as intended. To accumulate all actual direct and related indirect costs by means of special work orders or job orders in accordance with the accounting procedures used in its regular work. To include in any progress or final billing to the MUNICIPALITY receipted bills from third parties where applicable and a detailed statement of labor, materials, equipment and incidental expenses incurred in the RELOCATION WORK during the billing period. The MUNICIPALITY will send reimbursements directly to OWNER at: ______________________________________________________________________ 000 Xxxxx Xxxx, Xxxxxxxxxx, Xxxxxxx 00000 To submit final billing for reimbursement to the MUNICIPALITY within 120 days after completion of the work, such billing to contain the information required by 23 C.F.R. 645.117(i). To allow authorized representatives of the MUNICIPALITY, the State of Vermont and the Federal Highway Administration (FHWA) to audit its utility cost records as may be required in determining reimburse­mentreimbursement, including investigation of all records and any stipulation made by the OWNER as to the derivation of betterment and expired service life, if any, and to retain such records for a minimum of three (3) years after final payment has been received. This agreement shall be binding upon the successors and assigns of the respective parties hereto:

THE OWNER AGREES. That the plans for the RELOCATION WORK are based on stand­ards which conform to or exceed the minimum requirements of all applic­able National, State and Local codes and regulations and that the OWNER is solely responsible for the operation and main­tenance of utility plant covered by or completed under this agreement in conformity with such standards. To notify the MUNICIPALITY within three (3) weeks of receipt of bid prices of their intent to delete work from the MUNICIPAL contract. If notification is not made within this time period, the OWNER will accept the actual costs based on bid prices. To purchase all necessary rights-of-way and easements as are required to accommodate the RELOCATION WORK, and to secure such permits and approvals as are required. To accomplish all RELOCATION WORK described in Copies of facsimiles of such rights, easements and approvals shall be provided to the "Scope MUNICIPALITY for assurance of Work" section (c), furnishing all labor, materials and equipment necessary such instruments to complete the workits Contractor. To provide quality control and on-the-job inspection of materials and construction methods used in the RELOCATION WORK described in the “SCOPE OF WORK”"Scope of Work", at no cost to the MUNICIPALITY, and to save the MUNICIPALITY free and harmless from any responsibility thereforethere­fore, except where the MUNICIPALITY shall disregard written exceptions filed with the MUNICIPALITY by the inspector for the OWNER. To cooperate with other utility companies, the MUNICIPALITY, and contractors employed by the MUNICIPALITY, and to carry out its activi­ties in such a way as not to obstruct or delay other work being performed within the project area. To abide by the applicable provisions of Attachment #1 "Construction Conditions" which is attached hereto and made a part hereof. To notify the MUNICIPALITY of any substantial changes in the scope or character of the RELOCATION WORK when those costs associated with the change increase the total project cost by more than ten (10) percent of the original estimate. This notification should be made as soon as the need for such change becomes apparent. To notify the MUNICIPALITY at least twenty-four (24) hours in advance of beginning or resuming RELOCATION WORK for which reim­bursement will be claimed. To submit to the MUNICIPALITY, upon request, weekly progress re­ports of labor, materials and equipment used in the RELOCATION WORK. To maintain in good and safe condition its plant and facili­ties located within the project limits and to repair any property damage resulting from such maintenance to the satisfaction of the MUNICIPALITYMUNICIAPLITY. To accept facilities constructed in the RELOCATION WORK described in paragraph the “Scope of Work” section (db) immediately upon completion and demon­strated capability of the system to function as intended. To accumulate all actual direct and related indirect costs by means of special work orders or job orders in accordance with the accounting procedures used in its regular work. To include in any progress or final billing to the MUNICIPALITY receipted bills from third parties where applicable and a detailed statement of labor, materials, equipment and incidental expenses incurred in the RELOCATION WORK during the billing period. The MUNICIPALITY will send reimbursements directly to OWNER at: ______________________________________________________________________ To submit final billing for reimbursement to the MUNICIPALITY within 120 days after completion of the work, such billing to contain the information required by 23 C.F.R. 645.117(i). To allow authorized representatives of the MUNICIPALITY, the State of Vermont and the Federal Highway Administration (FHWA) to audit its utility cost records as may be required in determining reimburse­ment, including investigation of all records and any stipulation made by the OWNER as to the derivation of betterment and expired service life, if any, and to retain such records for a minimum of three (3) years after final payment has been received. This agreement shall be binding upon the successors and assigns of the respective parties hereto: