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NOW, THEREFORE, in consideration of the obligations, terms and conditions <br />contained herein, the adequacy of which the parties expressly acknowledge, Owner and <br />the City agree as follows: <br />1. Recitals <br />The parties hereto acknowledge and agree that the foregoing recitals are <br />incorporated herein as a part of this Agreement. <br />2. Design <br />The Owner shall consult the City and allow the City Engineer or her designee <br />input prior to designating a project engineer who shall be responsible for the engineering <br />design and inspection in connection with the installation of the Dedicated Improvements <br />(the "Project Engineer"). The Owner shall inspect the site during construction to ensure <br />the Project Engineer's conformance to zoning requirements, adequacy of design, and <br />conformance to the City's specifications and standards regarding location, size and depth <br />of line, and quality of construction of the Dedicated Improvements. The Owner shall <br />provide the plans with a City of South Bend cover sheet and specifications for the <br />Dedicated Improvements along with a cost estimate to the City. The Owner shall also <br />provide to the City a statement from the Project Engineer certifying that the materials <br />and workmanship including pipes, bedding, manholes, and other related materials and <br />work meet the City's specifications and standards. Upon request of the City, the <br />certification shall be substantiated by material affidavits from suppliers and by <br />applicable test results for inflow/infiltration, exfiltration, deflection, pressure, leaks, <br />bacteria, compaction and other tests required by the City. All construction, engineering, <br />