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a. Costs related to hydrants, water services and related restoration. <br /> b. Engineering costs. <br /> C. A pro-rata share of mobilization, traffic control and similar items. <br /> 2. Arden Hills will pay the following costs: <br /> a. Costs related to upsizing the watermain to 16 inches, including pipe, valves, <br /> fittings, meter manholes, and related restoration. <br /> b. A pro-rata share of mobilization, traffic control, and similar items. <br /> 3. Each Party's pro-rata share shall be determined at the time of approval of the construction <br /> costs and will be equal to each party's share of the total construction costs (not including <br /> administrative costs). <br /> VIII. Modifications to Construction Documents <br /> 1. Roseville may make minor changes in the Project Construction Documents and the if the <br /> changes are necessary to complete construction. <br /> 2. Roseville will give notice of all proposed material changes to the Project Construction <br /> Documents to Arden Hills. Arden Hills will review the documents and communicate in writing its <br /> acceptance or rejection to Roseville within seven days. Roseville will not materially amend the <br /> Project Construction Documents until it receives Arden Hills's written acceptance or Arden Hills <br /> fails to accept or reject within seven days. <br /> VIII. Warranties/Maintenance <br /> 1. The Project bonds and warranties will be issued in the name of Roseville. Once <br /> construction of the Project is complete and Roseville accepts the Project,the Project will be under <br /> the full control of Roseville and all bonds, warranties and guarantees provided by the sureties, <br /> construction contractors and subcontractors for the Project are the property of Roseville. If a surety <br /> prohibits assignment then the City of Roseville will require the contractor to ensure that the <br /> affected bond or warranty applies both to the City of Roseville and City of Arden Hills. <br /> IX. Liability <br /> 1. To the extent authorized by law each party is responsible only for its own acts and the <br /> results of its acts. Each Party's liability is governed by the provisions of Minnesota Statutes, <br /> Chapter 466. <br /> 2. Roseville and Arden Hills each warrant that they have an insurance or self-insurance <br /> program with minimum coverage consistent with the liability limits in Minnesota Statutes,Chapter <br /> 466. Nothing in this Agreement is a waiver or limitation of any immunity or limitation of liability <br /> by Roseville or Arden Hills. <br /> 4 <br /> RS160\1\900023.v1 <br />