Res 2013-156/Approving a utility adjustment agreement w/MCI Communications Services, Inc. associated with the Loop 82 overpass project

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City Of San Marcos Form CoSM- Bond -01 12. The work undertaken by the Owner or its contractor shall be in accordance with generally- accepted standards and procedures within the industry for such utility construction and reconstruction and in compliance with all applicable ordinances, laws, rules and regulations. 13. The Owner shall complete all of the utility reconstruction and relocation work in the City's right -of -way, including final testing and acceptance thereof (check one box that applies): ❑ on or before , 20 ® a duration not to exceed 160—calendar days upon notice to proceed by the City or its representative. 14. The Owner and Owner's contractor will coordinate all work on the reconstruction and relocation of the Owner's Utilities with the City or its designee. 15. At the option of the City and at its sole expense, the City or its designee may have an inspector on site during the Owner's work. It is understood, however, that any inspector acting on behalf of the City is acting only for the benefit if the City's interests in the relocation of the Owner Utilities and Owner shall not rely upon such inspector for purposes of evaluating compliance with Owner's contract and specification requirements or any other purposes of the Owner. 16. The Owner shall expeditiously stake the survey of the proposed locations of the utilities and appurtenances being relocated, adjusted, and reconstructed, on the basis of the final approved plans. The City may verify that the relocated and reconstructed Owner Utilities, as well as Owner Utilities that remain in place and are not relocated or reconstructed, clear the planned construction of the Project as staked in the field. Further, to help assure that neither the (i) relocated or reconstructed Owner Utilities nor (ii) existing, unadjusted Owner Utilities are damaged during construction of the Project, the Owner shall mark in the field the location of such Owner Utilities horizontally on the ground in advance of construction in the immediate area of the Owner Utilities. 17. The Owner shall obtain any and all permits, licenses, or authorizations that may be required to perform the work contemplated by this Agreement. As part of the reimbursed costs, the Owner shall be responsible for the clearing of any trees, shrubbery or other vegetation and for installing any environmental control that may be necessary or required in order to perform such work. 18. The Owner will adhere to the backfill requirements as stated in TxDOT's 2004 Standard Specifications for Highways, Streets and Bridges Item 400, Excavation and Backfill for Structures, 400.5 Backfill, as amended or any successor provision. Excavation unsuitable for backfill and excavation that is not needed for construction shall be known as "waste" and shall become the property of the Owner, to be disposed of by the Owner at an approved site outside of the limits of the right -of -way. CoSM -01 MCI - Verizon.docx Page 5 of 7