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414 WFC shall provide and pay for all labor, materials, equipment, tools, water, heat, <br />utilities, transportation, and other facilities and services necessary for proper <br />completion of the Relocation and Construction Design Plan. <br />4.1.5 CCC has 26" pipe left over from the West Lateral Ditch project. It is willing to <br />provide approximately 220 feet of this pipe to WFC for piping the Forsman <br />Lateral. CCC will provide the pipe on a "where -is" basis. WFC will be <br />responsible for moving and installing it. <br />4.1.6 WFC shall secure and pay for any and all permits and governmental fees, licenses <br />and inspections necessary for proper execution and completion of the Relocation <br />and Construction Design Plan. <br />4.1.7 WFC shall be responsible for inspection work to assure compliance with the <br />Relocation Plan and Construction Design Plan. <br />4.2 Right of Access. CCC shall have reasonable access to the project site to observe or <br />review WFC's performance under this Agreement, provided, however, that CCC shall avail itself <br />of this right of access at its sole risk and expense. <br />5 Warranties. <br />5.1 Materials. WFC warrants to CCC that all materials and equipment furnished <br />under this Agreement shall be of good quality and suitable for their intended purpose. WFC will <br />use new high- density polyethylene piping in the Temporary Pipeline and in the Permanent <br />Pipeline and it is expressly agreed and understood that WFC will be entitled to re -use the same <br />high- density polyethylene piping in both the Temporary Pipeline and the Permanent Pipeline, <br />provided any reused material will first be inspected by the Engineer and a representative of the <br />manufacturer and who shall certify to WFC and CCC that the Pipe is satisfactory for such reuse. <br />5.2 Volume of Water. WFC warrants that the Temporary Pipeline shall handle a <br />minimum of 15 cfs during its period of use. WFC further warrants the Permanent Pipeline will <br />handle a minimum of 15 cfs during the Repair and Maintenance Period. <br />5.3 Settling of Concrete Structures. In the event a concrete structure settles unevenly <br />during the Maintenance Period or the Repair Period such that the structure is more than two (2 %) <br />percent out of design specifications, WFC, at its cost and expense, shall cause corrective actions <br />to be taken to correct the uneven settling and restore the structure to within the design <br />specifications. Additionally, in the event during the Maintenance Period or the Repair Period a <br />concrete structure settles evenly to such an extent that it reaches or exceeds seventy -five (75 %) <br />percent of the maximum acceptable settlement as determined under Section 2.2.4 of this <br />Agreement, WFC will be required to correct the settlement and restore the elevation of the <br />structure to assure the long -term serviceability of the Pipeline. <br />5.4 No Interruption of Water. WFC warrants that at no time during construction of <br />either the Temporary or the Permanent Pipelines shall there be any interruption of water flow <br />6 <br />