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City Of San Marcos <br />Form CoSM- Bond -01 <br />® on or before August 1 , 2010. <br />❑ a duration not to exceed calendar days upon notice to proceed by the City or <br />its representative. <br />The City may reduce the amount of reimbursement to the Owner by ten percent (10 %) of <br />the agreed -upon amount for each 30 -day period and by a pro -rata amount of said ten <br />percent for any portion of a 30 -day period by which the final completion and acceptance <br />date exceeds the above - mentioned deadline. If the City determines that a delay in the <br />relocation work is the result of circumstances beyond the control of the Owner or <br />Owner's contractor, the City will not reduce the reimbursement. <br />14. The Owner and Owner's contractor will coordinate all work on the reconstruction and <br />relocation of the Owner's Utilities with the City or its designee. At the option of the City <br />and at its sole expense, the City or its designee may have an inspector on site during the <br />Owner's work. It is understood, however, that any inspector acting on behalf of the City <br />is acting only for the benefit of the City's interests in the relocation of the Owner Utilities <br />and Owner shall not rely upon such inspector for purposes of evaluating compliance with <br />Owner's contract and specification requirements or any other purposes of the Owner. <br />15. The Owner shall expeditiously stake the survey of the proposed locations of the utilities <br />and appurtenances being relocated, adjusted, and reconstructed, on the basis of the final <br />approved plans. The City may verify that the relocated and reconstructed Owner <br />Utilities, as well as Owner Utilities that remain in place and are not relocated or <br />reconstructed, clear the planned construction of the Project as staked in the field. Further, <br />to help assure that neither the (i) relocated or reconstructed Owner Utilities or (ii) <br />existing, unadjusted Owner Utilities are damaged during construction of the Project, the <br />Owner shall mark in the field the location of such Owner Utilities horizontally on the <br />ground in advance of construction in the immediate area of the Owner Utilities. <br />16. The Owner, shall obtain any and all permits, licenses, or authorizations that may be <br />required to perform the work contemplated by this Agreement. The Owner shall be <br />responsible for the clearing of any trees, shrubbery or other vegetation and for installing <br />any environmental control that may be necessary or required in order to perform such <br />work. <br />17. The Owner will adhere to the backfill requirements as stated in TxDOT's 1993 Standard <br />Specifications for Highways, Streets and Bridges, Part II, Construction Details, Division <br />IV, Structures, Item 400, Excavation and Backfill for Structures, 400.5 Backfill, as <br />amended or any successor provision. Excavation unsuitable for backfill and excavation <br />that is not needed for construction shall be known as "waste" and shall become the <br />property of the Owner, to be disposed of by the Owner at an approved site outside of the <br />limits of the right -of -way. <br />18. All disturbed and damaged areas must be restored by the Owner, as is reasonably <br />practicable, to the condition existing prior to start of construction and be in compliance <br />with TxDOT 1993 Standard Specifications for Highways, Streets and Bridges and the <br />Texas Manual on Uniform Traffic Control Devices, as amended or any successor <br />CoSM -03 Enterprise.doc Page 5 of 7 <br />