Common use of Design and Construction Standards Clause in Contracts

Design and Construction Standards. (a) All design and construction performed for the Adjustment work which is the subject of this Agreement shall comply with and conform to the following: (1) All applicable local and state laws, regulations, decrees, ordinances and policies, including the UAR, the Utility Manual issued by TxDOT (to the extent its requirements are mandatory for Utility Adjustments necessitated by the Project, communicated to the Owner by the Developer or TxDOT), the requirements of the CDA, and the policies of TxDOT; (2) All Federal laws, regulations, decrees, ordinances and policies applicable to projects receiving Federal funding, financing and/or credit assistance, including without limitation 23 CFR 645 Subparts A and B; (3) The terms of all governmental permits or other approvals, as well as any private approvals of third parties necessary for such work; and (4) The standard specifications, standards of practice, and construction methods (collectively, “standards”) which the Owner customarily applies to facilities comparable to the Owner Utilities that are constructed by the Owner or for the Owner by its contractors at the Owner’s expense, which standards are current at the time this Agreement is signed by the Owner, and which the Owner has submitted to the Developer in writing. (5) Owner agrees that all service meters must be placed outside of the State ROW. (b) Such design and construction also shall be consistent and compatible with (i) the Developer’s current design and construction of the Project, (ii) the "Ultimate Configuration" for the Project, and (iii) any other utilities being installed in the same vicinity. The Owner acknowledges receipt from the Developer of Project plans and Ultimate Configuration documents as necessary to comply with the foregoing. In case of any inconsistency among any of the standards referenced in this Agreement, the most stringent standard shall apply. (c) The plans, specifications, and cost estimates contained in Exhibit A shall identify and detail all utility facilities that the Owner intends to abandon in place rather than remove, including material type, quantity, size, age, and condition. No facilities containing hazardous or contaminated materials may be abandoned, but shall be specifically identified and removed in accordance with the requirements of subparagraph (a). It is understood and agreed that the Developer shall not pay for the assessment and remediation or other corrective action relating to soil and ground water contamination caused by the utility facility prior to the removal.

Design and Construction Standards. (a) All design and construction performed for the Adjustment work which is the subject of this Agreement shall comply with and conform to the following: (1) All applicable local and state laws, regulations, decrees, ordinances and policies, including the UAR, the Utility Manual issued by TxDOT (to the extent its requirements are mandatory for Utility Adjustments the Adjustment necessitated by the Project, as communicated to the Owner by the Developer Developer, or TxDOT), the requirements of the CDA, and the policies of TxDOT; (2) All Federal laws, regulations, decrees, ordinances and policies applicable to projects receiving Federal funding, financing and/or credit assistance, including without limitation 23 CFR 645 Subparts A and B; (3) The terms of all governmental permits or other approvals, as well as any private approvals of third parties necessary for such work; and (4) The standard specifications, standards of practice, and construction methods (collectively, “standards”) which the Owner customarily applies to utility facilities comparable to the Owner Utilities that are constructed by the Owner or for the Owner by its contractors at the Owner’s expense, which standards are current at the time this Agreement is signed by the Owner, and which the Owner has submitted to the Developer in writing. (5) Owner agrees that all service meters must be placed outside of the State ROW. (b) Such design and construction also shall be consistent and compatible with (i) the Developer’s ’s current design and construction of the Project, (ii) the "Ultimate Configuration" for the Project, and (iii) any other utilities being installed in the same vicinity. The Owner acknowledges receipt from the Developer of Project plans and Ultimate Configuration documents as necessary to comply with the foregoing. In case of any inconsistency among any of the standards referenced in this Agreement, the most stringent standard shall apply. (c) The plans, specifications, and cost estimates contained in Exhibit A shall identify and detail all utility facilities that the Owner intends to abandon in place rather than remove, including material type, quantity, size, age, and condition. No facilities containing hazardous or contaminated materials may be abandoned, but shall be specifically identified and removed in accordance with the requirements of subparagraph (a). It is understood and agreed that the Developer shall not pay for the assessment and remediation or other corrective action relating to soil and ground water contamination caused by the utility facility prior to the removal.

Design and Construction Standards. (a) All design and construction performed for the Adjustment work which is the subject of this Agreement shall comply with and conform to the following: (1) All applicable local and state laws, regulations, decrees, ordinances and policies, including the UAR, the Utility Manual issued by TxDOT (to the extent its requirements are mandatory for Utility Adjustments the Adjustment necessitated by the Project, as communicated to the Owner by the Developer or TxDOT), the requirements of the CDA, and the policies of TxDOT; (2) All Federal laws, regulations, decrees, ordinances and policies applicable to projects receiving Federal funding, financing and/or credit assistance, including without limitation 23 CFR 645 Subparts A and B;; and the Buy America provisions of 23 U.S.C § 313 and 23 CFR 635.410. Utility shall supply, upon request by the Developer or TxDOT, proof of compliance with the aforementioned laws, rules and regulations prior to the commencement of construction. (3) The terms of all governmental permits or other approvals, as well as any private approvals of third parties necessary for such work; and (4) The standard specifications, standards of practice, and construction methods (collectively, “standards”) which the Owner customarily applies to utility facilities comparable to the Owner Utilities that are constructed by the Owner or for the Owner by its contractors at the Owner’s expense, which standards are current at the time this Agreement is signed by the Owner, and which the Owner has submitted to the Developer in writing. (5) Owner agrees that all service meters must be placed outside of the State ROW. (b) Such design and construction also shall be consistent and compatible with (i) the Developer’s current design and construction of the Project, (ii) the "Ultimate Configuration" for the Project, and (iii) any other utilities being installed in the same vicinity. The Owner acknowledges receipt from the Developer of Project plans and Ultimate Configuration documents as necessary to comply with the foregoing. In case of any inconsistency among any of the standards referenced in this Agreement, the most stringent standard shall apply. (c) The plans, specifications, and cost estimates contained in Exhibit A shall identify and detail all utility facilities that the Owner intends to abandon in place rather than remove, including material type, quantity, size, age, and condition. No facilities containing hazardous or contaminated materials may be abandoned, but shall be specifically identified and removed in accordance with the requirements of subparagraph (a). It is understood and agreed that the Developer shall not pay for the assessment and remediation or other corrective action relating to soil and ground water contamination caused by the utility facility prior to the removal.

Design and Construction Standards. (a) All design and construction performed for the Adjustment work which is the subject of this Agreement shall comply with and conform to the following: (1) All applicable local and state laws, regulations, decrees, ordinances and policies, including the UAR, the Utility Manual issued by TxDOT (to the extent its requirements are mandatory for Utility Adjustments necessitated by the Project, communicated to the Owner by the Developer or TxDOT), the requirements of the CDA, and the policies of TxDOT; (2) All Federal laws, regulations, decrees, ordinances and policies applicable to projects receiving Federal funding, financing and/or credit assistance, including without limitation 23 CFR 645 Subparts A and B;; and the Buy America provisions of 23 U.S.C § 313 and 23 CFR 635.410. Owner shall supply, upon request by the Developer or TxDOT, proof of compliance with the aforementioned laws, rules and regulations prior to the commencement of construction. (3) The terms of all governmental permits or other approvals, as well as any private approvals of third parties necessary for such work; and. (4) The standard specifications, standards of practice, and construction methods (collectively, “standards”) which the Owner customarily applies to facilities comparable to the Owner Utilities that are constructed by the Owner or for the Owner by its contractors at the Owner’s expense, which standards are current at the time this Agreement is signed by the Owner, and which the Owner has submitted to the Developer in writing. (5) Owner agrees that all service meters must be placed outside of the State ROW. (b) Such design and construction also shall be consistent and compatible with (i) the Developer’s current design and construction of the Project, (ii) the "Ultimate Configuration" for the Project, and (iii) any other utilities being installed in the same vicinity. The Owner acknowledges receipt from the Developer of Project plans and Ultimate Configuration documents as necessary to comply with the foregoing. In case of any inconsistency among any of the standards referenced in this Agreement, the most stringent standard shall apply. (c) The plans, specifications, and cost estimates contained in Exhibit A shall identify and detail all utility facilities that the Owner intends to abandon in place rather than remove, including material type, quantity, size, age, and condition. No facilities containing hazardous or contaminated materials may be abandoned, but shall be specifically identified and removed in accordance with the requirements of subparagraph (a). It is understood and agreed that the Developer shall not pay for the assessment and remediation or other corrective action relating to soil and ground water contamination caused by the utility facility prior to the removal.

Design and Construction Standards. (a) All design and construction performed for the Adjustment work which is the subject of this Agreement shall comply with and conform to the following: (1a) All applicable local and state laws, regulations, decrees, ordinances and policies, including the UAR, the Utility Manual issued by TxDOT (to the extent its requirements are mandatory for Utility Adjustments necessitated by the ProjectFacility, as stated in the CDA and communicated to the Owner by the Developer or TxDOT), the requirements of the CDA, and the policies of TxDOT; (2b) All Federal laws, regulations, decrees, ordinances and policies applicable to projects receiving Federal funding, financing and/or credit assistance, assistance (including without limitation 23 CFR 645 Subparts A and B, incorporated herein by this reference and the FHWA Program Guide: Utility Relocation and Accommodation on Federal-Aid Highway Projects); (3c) The terms of all governmental permits or other approvals, as well as any private approvals of third parties necessary for such work; and (4d) The standard specifications, standards of practice, and construction methods (collectively, “standards”) which the Owner customarily applies to facilities comparable to the Owner Utilities that are constructed by the Owner or for the Owner by its contractors at the Owner’s expense, which standards are current at the time this Agreement is signed by the Owner, and which the Owner has submitted to the Developer in writing. (5) Owner agrees that all service meters must be placed outside of the State ROW. (b) . Such design and construction also shall be consistent and compatible with (i) the Developer’s current design and construction of the ProjectFacility, (ii) the "Ultimate Configuration" for the ProjectFacility (as that term is defined and used in the CDA), and (iii) any other utilities being installed in the same vicinity. The Owner acknowledges receipt from the Developer of Project Facility plans and Ultimate Configuration documents as necessary to comply with the foregoing. In case of any inconsistency among any of the standards referenced in this Agreement, the most stringent standard shall apply. (c) The plans, specifications, and cost estimates contained in Exhibit A shall identify and detail all utility facilities that the Owner intends to abandon in place rather than remove, including material type, quantity, size, age, and condition. No facilities containing hazardous or contaminated materials may be abandoned, but shall be specifically identified and removed in accordance with the requirements of subparagraph (a). It is understood and agreed that the Developer shall not pay for the assessment and remediation or other corrective action relating to soil and ground water contamination caused by the utility facility prior to the removal.

Design and Construction Standards. (a) All design and construction performed for the Adjustment work which is the subject of this Agreement shall comply with and conform to the following: (1) All applicable local and state laws, regulations, decrees, ordinances and policies, including the UAR, the Utility Manual issued by TxDOT (to the extent its requirements are mandatory for Utility Adjustments necessitated by the Project, communicated to the Owner by the Developer or TxDOT), the requirements of the CDADA, and the policies of TxDOT; (2) All Federal laws, regulations, decrees, ordinances and policies applicable to projects receiving Federal funding, financing and/or credit assistance, including without limitation 23 CFR 645 Subparts A and B; (3) The terms of all governmental permits or other approvals, as well as any private approvals of third parties necessary for such work; and (4) The standard specifications, standards of practice, and construction methods (collectively, “standards”) which the Owner customarily applies to facilities comparable to the Owner Utilities that are constructed by the Owner or for the Owner by its contractors at the Owner’s expense, which standards are current at the time this Agreement is signed by the Owner, and which the Owner has submitted to the Developer in writing. (5) Owner agrees that all service meters must be placed outside of the State ROW. (b) Such design and construction also shall be consistent and compatible with (i) the Developer’s current design and construction of the Project, (ii) the "Ultimate Configuration" for the Project, and (iii) any other utilities being installed in the same Project Utility Adjustment Agreement (Owner Managed) vicinity. The Owner acknowledges receipt from the Developer of Project plans and Ultimate Configuration documents as necessary to comply with the foregoing. In case of any inconsistency among any of the standards referenced in this Agreement, the most stringent standard shall apply. (c) The plans, specifications, and cost estimates contained in Exhibit A shall identify and detail all utility facilities that the Owner intends to abandon in place rather than remove, including material type, quantity, size, age, and condition. No facilities containing hazardous or contaminated materials may be abandoned, but shall be specifically identified and removed in accordance with the requirements of subparagraph (a). It is understood and agreed that the Developer shall not pay for the assessment and remediation or other corrective action relating to soil and ground water contamination caused by the utility facility prior to the removal.

Design and Construction Standards. (a) All design and construction performed for the Adjustment work which is the subject of this Agreement shall comply with and conform to the following: (1) All applicable local and state laws, regulations, decrees, ordinances and policies, including the UAR, the Utility Manual issued by TxDOT (to the extent its requirements are mandatory for Utility Adjustments necessitated by the Project, communicated to the Owner by the Developer or TxDOT), the requirements of the CDA, and the policies of TxDOT; (2) All Federal laws, regulations, decrees, ordinances and policies applicable to projects receiving Federal funding, financing and/or credit assistance, including without limitation 23 CFR 645 Subparts A and B;; and the Buy America provisions of 23 U.S.C § 313 and 23 CFR 635.410. Utility shall supply, upon request by the Developer or TxDOT, proof of compliance with the aforementioned laws, rules and regulations prior to the commencement of construction. (3) The terms of all governmental permits or other approvals, as well as any private approvals of third parties necessary for such work; and. (4) The standard specifications, standards of practice, and construction methods (collectively, “standards”) which the Owner customarily applies to facilities comparable to the Owner Utilities that are constructed by the Owner or for the Owner by its contractors at the Owner’s expense, which standards are current at the time this Agreement is signed by the Owner, and which the Owner has submitted to the Developer in writing. (5) Owner agrees that all service meters must be placed outside of the State ROW. (b) Such design and construction also shall be consistent and compatible with (i) the Developer’s current design and construction of the Project, (ii) the "Ultimate Configuration" for the Project, and (iii) any other utilities being installed in the same vicinity. The Owner acknowledges receipt from the Developer of Project plans and Ultimate Configuration documents as necessary to comply with the foregoing. In case of any inconsistency among any of the standards referenced in this Agreement, the most stringent standard shall apply. (c) The plans, specifications, and cost estimates contained in Exhibit A shall identify and detail all utility facilities that the Owner intends to abandon in place rather than remove, including material type, quantity, size, age, and condition. No facilities containing hazardous or contaminated materials may be abandoned, but shall be specifically identified and removed in accordance with the requirements of subparagraph (a). It is understood and agreed that the Developer shall not pay for the assessment and remediation or other corrective action relating to soil and ground water contamination caused by the utility facility prior to the removal.

Design and Construction Standards. (a) All design and construction performed for the Adjustment work which is the subject of this Agreement shall comply with and conform to the following: (1) All applicable local and state laws, regulations, decrees, ordinances and policies, including the UAR, the Utility Manual issued by TxDOT (to the extent its requirements are mandatory for Utility Adjustments the Adjustment necessitated by the Project, as communicated to the Owner by the Developer DB Contractor, or TxDOT), the requirements of the CDADBA, and the policies of TxDOT; (2) All Federal laws, regulations, decrees, ordinances and policies applicable to projects receiving Federal funding, financing and/or credit assistance, including without limitation 23 CFR 645 Subparts A and B;; and the Buy America provisions of 23 U.S.C § 313 and 23 CFR 635.410. Utility shall supply, upon request by the DB Contractor or TxDOT, proof of compliance with the aforementioned laws, rules and regulations prior to the commencement of construction. (3) The terms of all governmental permits or other approvals, as well as any private approvals of third parties necessary for such work; and (4) The standard specifications, standards of practice, and construction methods (collectively, “standards”) which the Owner customarily applies to utility facilities comparable to the Owner Utilities that are constructed by the Owner or for the Owner by its contractors at the Owner’s expense, which standards are current at the time this Agreement is signed by the Owner, and which the Owner has submitted to the Developer DB Contractor in writing. (5) Owner agrees that all service meters must be placed outside of the State ROW. (b) Such design and construction also shall be consistent and compatible with (i) the DeveloperDB Contractor’s current design and construction of the Project, (ii) the "Ultimate Configuration" for the Project, and (iii) any other utilities being installed in the same vicinity. The Owner acknowledges receipt from the Developer DB Contractor of Project plans and Ultimate Configuration documents as necessary to comply with the foregoing. In case of any inconsistency among any of the standards referenced in this Agreement, the most stringent standard shall apply. (c) The plans, specifications, and cost estimates contained in Exhibit A shall identify and detail all utility facilities that the Owner intends to abandon in place rather than remove, including material type, quantity, size, age, and condition. No facilities containing hazardous or contaminated materials may be abandoned, but shall be specifically identified and removed in accordance with the requirements of subparagraph (a). It is understood and agreed that the Developer DB Contractor shall not pay for the assessment and remediation or other corrective action relating to soil and ground water contamination caused by the utility facility prior to the removal.

Design and Construction Standards. (a) All design and construction performed for the Adjustment work which is the subject of this Agreement shall comply with and conform to the following: (1) All applicable local and state laws, regulations, decrees, ordinances and policies, including the UAR, the Utility Manual issued by TxDOT (to the extent its requirements are mandatory for Utility Adjustments the Adjustment necessitated by the Project, as communicated to the Owner by the Developer Developer, or TxDOT), the requirements of the CDADA, and the policies of TxDOT; (2) All Federal laws, regulations, decrees, ordinances and policies applicable to projects receiving Federal funding, financing and/or credit assistance, including without limitation 23 CFR 645 Subparts A and B; (3) The terms of all governmental permits or other approvals, as well as any private approvals of third parties necessary for such work; and (4) The standard specifications, standards of practice, and construction methods (collectively, “standards”) which the Owner customarily applies to utility facilities comparable to the Owner Utilities that are constructed by the Owner or for the Owner by its contractors at the Owner’s expense, which standards are current at the time this Agreement is signed by the Owner, and which the Owner has submitted to the Developer in writing. (5) Owner agrees that all service meters must be placed outside of the State ROW. (b) Such design and construction also shall be consistent and compatible with (i) the Developer’s current design and construction of the Project, (ii) the "Ultimate Configuration" for the Project, and (iii) any other utilities being installed in the same vicinity. The Owner acknowledges receipt from the Developer of Project plans and Ultimate Configuration documents as necessary to comply with the foregoing. In Project Utility Adjustment Agreement (Developer Managed) case of any inconsistency among any of the standards referenced in this Agreement, the most stringent standard shall apply. (c) The plans, specifications, and cost estimates contained in Exhibit A shall identify and detail all utility facilities that the Owner intends to abandon in place rather than remove, including material type, quantity, size, age, and condition. No facilities containing hazardous or contaminated materials may be abandoned, but shall be specifically identified and removed in accordance with the requirements of subparagraph (a). It is understood and agreed that the Developer shall not pay for the assessment and remediation or other corrective action relating to soil and ground water contamination caused by the utility facility prior to the removal.

Design and Construction Standards. (a) All design and construction performed for the Adjustment work which is the subject of this Agreement shall comply with and conform to the following: (1) All applicable local and state laws, regulations, decrees, ordinances and policies, including the UAR, the Utility Manual issued by TxDOT (to the extent its requirements are mandatory for Utility Adjustments necessitated by the Project, communicated to the Owner by the Developer DB Contractor or TxDOT), the requirements of the CDADBA, and the policies of TxDOT; (2) All Federal laws, regulations, decrees, ordinances and policies applicable to projects receiving Federal funding, financing and/or credit assistance, including without limitation 23 CFR 645 Subparts A and B;; and the Buy America provisions of 23 U.S.C § 313 and 23 CFR 635.410. Utility shall supply, upon request by the DB Contractor or TxDOT, proof of compliance with the aforementioned laws, rules and regulations prior to the commencement of construction. (3) The terms of all governmental permits or other approvals, as well as any private approvals of third parties necessary for such work; and (4) The standard specifications, standards of practice, and construction methods (collectively, “standards”) which the Owner customarily applies to facilities comparable to the Owner Utilities that are constructed by the Owner or for the Owner by its contractors at the Owner’s expense, which standards are current at the time this Agreement is signed by the Owner, and which the Owner has submitted to the Developer DB Contractor in writing. (5) Owner agrees that all service meters must be placed outside of the State ROW. (b) Such design and construction also shall be consistent and compatible with (i) the DeveloperDB Contractor’s current design and construction of the Project, (ii) the "Ultimate Configuration" for the Project, and (iii) any other utilities being installed in the same vicinity. The Owner acknowledges receipt from the Developer DB Contractor of Project plans and Ultimate Configuration documents as necessary to comply with the foregoing. In case of any inconsistency among any of the standards referenced in this Agreement, the most stringent standard shall apply. (c) The plans, specifications, and cost estimates contained in Exhibit A shall identify and detail all utility facilities that the Owner intends to abandon in place rather than remove, including material type, quantity, size, age, and condition. No facilities containing hazardous or contaminated materials may be abandoned, but shall be specifically identified and removed in accordance with the requirements of subparagraph (a). It is understood and agreed that the Developer DB Contractor shall not pay for the assessment and remediation or other corrective action relating to soil and ground water contamination caused by the utility facility prior to the removal.

Design and Construction Standards. (a) All design and construction performed for the Adjustment work which is the subject of this Agreement shall comply with and conform to the following: (1) All applicable local and state lawsState Laws, regulations, decrees, ordinances and policies, including the UAR, the Utility Manual issued by TxDOT (to the extent its requirements are mandatory for the Utility Adjustments Adjustment necessitated by the Project, as communicated to the Owner by the Developer DB Contractor or TxDOT), the requirements of the CDADB, and the policies of TxDOT; (2) All Federal lawsLaws, regulations, decrees, ordinances and policies applicable to projects receiving Federal funding, financing and/or credit assistance, including without limitation limitation, 23 CFR 645 Subparts Subpart A and B; and the Buy America provisions of 23 U.S.C. §313 and 23 CFR 635.410. The Utility Owner shall supply, upon request by the DB Contractor or TxDOT, proof of compliance with the aforementioned Laws, rules and regulations prior to the commencement of construction; (3) The terms of all governmental permits or other approvals, as well as any private approvals of third parties necessary for such work; and; (4) The standard specifications, standards of practice, and construction methods (collectively, “standards”) which the Owner customarily applies to Utility facilities comparable to the Owner Utilities that are constructed by the Owner or for the Owner by its contractors at the Owner’s expense, which standards are current at the time this Agreement is signed by the Owner, and which the Owner has submitted to the Developer DB Contractor in writing.; and (5) Owner agrees that all service meters must be placed outside of the State ROW. (b) Such design and construction also shall be consistent and compatible with with: (i) the DeveloperThe DB Contractor’s current design and construction of the Project, ; (ii) the "The “Ultimate Configuration" ” for the Project, and ; and (iii) any Any other utilities Utilities being installed in the same vicinity. The Owner acknowledges receipt from the Developer of Project plans and Ultimate Configuration documents from the DB Contractor as necessary to comply with the foregoing. The Owner shall review and approve all Project plans and Ultimate Configuration documents, only as they are directly related to the Owners facilities. In case of any inconsistency among any of the standards referenced reference in this Agreement, the most stringent standard shall apply. (c) The plans, specifications, and cost estimates contained in Exhibit A shall identify and detail all utility Utility facilities that the Owner intends to abandon in place rather than remove, including material type, quantity, size, age, age and condition. No facilities containing hazardous or contaminated materials may be abandoned, but shall be specifically identified and removed in accordance with the requirements of subparagraph (a). It is understood and agreed that the Developer DB Contractor shall not pay for the assessment and remediation or other corrective action relating to soil and ground water contamination caused by the utility Utility facility prior to the removal.

Design and Construction Standards. (a) All design and construction performed for the Adjustment work which is the subject of this Agreement shall comply with and conform to the following: (1) All applicable local and state laws, regulations, decrees, ordinances and policies, including including, but not limited to, the UAR, the Utility Manual issued by TxDOT (to the extent its requirements are mandatory for Utility Adjustments necessitated by the Project, communicated to the Owner by the Developer or TxDOT), the requirements of the CDA, and the policies of TxDOT; (2) All Federal laws, regulations, decrees, ordinances and policies applicable to projects receiving Federal funding, financing and/or credit assistance, including including, without limitation limitation, 23 CFR C.F.R. 645 Subparts A and BB (relating to utility relocations), and 23 U.S.C. §313 and 23 C.F.R. §635.410 (Buy America); (3) The terms of all governmental permits or other approvals, as well as any private approvals of third parties necessary for such work, including, without limitation and where applicable, railroads; and (4) The standard specifications, standards of practice, and construction methods (collectively, “standardsOwner’s Standards”) which the Owner customarily applies to utility facilities comparable to the Owner Utilities that are constructed by the Owner or for the Owner by its contractors at the Owner’s expense, which standards are current at the time this Agreement is signed by the Owner, and which the Owner has submitted to the Developer in writing. (5) Owner agrees that all service meters must be placed outside of the State ROWright of way. (b) Such design and construction also shall be consistent and compatible with (i) the Developer’s current design and construction of the Project, (ii) the "Ultimate Configuration" for the Project, and (iii) any other utilities being installed in the same vicinity. The Owner acknowledges receipt from the Developer of Project plans and Ultimate Configuration documents as necessary to comply with the foregoing. In case of any inconsistency among any of the standards standards/requirements referenced in this Agreement, the most stringent standard standard/requirement shall apply. (c) The plans, specifications, and cost estimates contained in Exhibit A shall identify and detail all utility facilities that the Owner intends to abandon in place rather than remove, including material type, quantity, size, age, and condition. No facilities containing hazardous or contaminated materials may be abandoned, but shall be specifically identified and removed in accordance with the requirements of subparagraph (a). It is understood and agreed that the Developer Develper shall not pay for the assessment and remediation or other corrective action relating resulting form any contamination attributable to soil and ground water contamination caused by the presence of the utility facility or the acts or omissions of Owner or its contractors in Adjusting the facility. (d) The Owner shall execute the Buy America certification attached hereto as Exhibit B contemporaneously with this Agreement. The Owner shall supply, upon request by Developer or TxDOT, proof of compliance with the laws, rules, and regulations referenced in Pargraph 3(a)(2) prior to the removalcommencement of construction.

Design and Construction Standards. (a) All design and construction performed for the Adjustment work which is the subject of this Agreement shall comply with and conform to the following: (1) All applicable local and state laws, regulations, decrees, ordinances and policies, including the UAR, the Utility Manual issued by TxDOT (to the extent its requirements are mandatory for Utility Adjustments necessitated by the Project, communicated to the Owner by the Developer DB Contractor or TxDOT), the requirements of the CDA, and the policies of TxDOT; (2) All Federal laws, regulations, decrees, ordinances and policies applicable to projects receiving Federal funding, financing and/or credit assistance, including without limitation 23 CFR 645 Subparts A and B; (3) The terms of all governmental permits or other approvals, as well as any private approvals of third parties necessary for such work; and (4) The standard specifications, standards of practice, and construction methods (collectively, “standards”) which the Owner customarily applies to facilities comparable to the Owner Utilities that are constructed by the Owner or for the Owner by its contractors at the Owner’s expense, which standards are current at the time this Agreement is signed by the Owner, and which the Owner has submitted to the Developer DB Contractor in writing. (5) Owner agrees that all service meters must be placed outside of the State ROW. (b) Such design and construction also shall be consistent and compatible with (i) the DeveloperDB Contractor’s current design and construction of the Project, (ii) the "Ultimate Configuration" for the Project, and (iii) any other utilities being installed in the same vicinity. The Owner acknowledges receipt from the Developer DB Contractor of Project plans and Ultimate Configuration documents as necessary to comply with the foregoing. In case of any inconsistency among any of the standards referenced in this Agreement, the most stringent standard shall apply. (c) The plans, specifications, and cost estimates contained in Exhibit A shall identify and detail all utility facilities that the Owner intends to abandon in place rather than remove, including material type, quantity, size, age, and condition. No facilities containing hazardous or contaminated materials may be abandoned, but shall be specifically identified and removed in accordance with the requirements of subparagraph (a). It is understood and agreed that the Developer DB Contractor shall not pay for the assessment and remediation or other corrective action relating to soil and ground water contamination caused by the utility facility prior to the removal.

Design and Construction Standards. (a1) All Mobility Authority shall require in the D/BC that all design and construction performed for the Adjustment work which is City Adjustments, and construction performed for the subject of this Agreement Betterments, by the D/B Contractor shall comply with and conform to the following: (1) a. All applicable local and state laws, regulations, decrees, ordinances and policies, including the Utility Accommodation Rules (UAR), the Utility Manual issued by TxDOT (to the extent its requirements are mandatory for Utility the City Adjustments necessitated by the Project, communicated to the Owner by the Developer or TxDOT), the requirements of the CDA, and the policies of TxDOTMobility Authority; (2) b. All Federal laws, regulations, decrees, ordinances and policies applicable to projects receiving Federal funding, financing and/or credit assistance, including without limitation 23 CFR 645 Subparts A and B;; and the Buy America provisions of 23 U.S.C § 313 and 23 CFR 635.410. (3) c. The terms of all governmental permits or other approvals, as well as any private approvals of third parties necessary for such work; and; (4) d. The standard specifications, standards of practice, and construction methods (collectively, “"standards”") which the Owner City customarily applies to utility facilities comparable to the Owner City Utilities that are constructed by the Owner City or for the Owner City by its contractors at the OwnerCity’s expense, which standards are current at the time this Agreement is signed by the OwnerCity, and which include but are not limited to: (i) the Owner has submitted Utility Criteria Manual, (ii) the Standard Products List, and (iii) Technical Criteria Manuals. The City agrees to provide these materials to Mobility Authority and the Developer D/B Contractor in writingwriting (including email transmission of documents). (5e. The completed Plans; and f. The warranty provided by D/B Contractor in the D/BC with regard to all other work performed under the D/BC. 2) Owner agrees that all service meters must be placed outside Mobility Authority shall require the D/B to carry insurance of the State ROWtypes and in amounts no less than those specified in the attached Exhibit “_” and shall ensure that the City is named as an additional insured on such policies. (b3) Such Mobility Authority shall require in the D/BC that such design and construction also shall be consistent and compatible with (i) the DeveloperD/B Contractor’s current design and construction of the Project, (ii) the "Ultimate Configuration" for the Project, and (iii) any other utilities being installed in the same vicinity. The Owner acknowledges receipt from the Developer of Project plans and Ultimate Configuration documents as necessary to comply with the foregoing. In case of any inconsistency among any of the standards referenced in this Agreement, the most stringent standard shall apply. (c4) The plans, specifications, and cost estimates contained in Exhibit A Plans shall identify and detail all utility facilities that the Owner City intends to abandon in place rather than remove, including material type, quantity, size, age, condition (if known), and conditionmethod of abandonment, which shall be subject to Mobility Authority's approval. 5) For any asbestos cement (“AC”) pipe removal work, the D/B Contractor shall follow the National Emissions Standards for Hazardous Air Pollutants (“NESHAP”), the Occupational Safety and Health Administration (“OSHA”), the Texas Department of State Health Services (“TDSHS”), and the City’s established procedures and requirements. No In the event of any contamination caused by the pipeline removal, the D/B Contractor shall be responsible for that remediation. 6) With the exception of undisturbed AC pipe as approved to remain in place, no facilities containing hazardous or contaminated materials may be abandoned, but shall be specifically identified and removed in accordance with the requirements of subparagraph (a)this Agreement. It is understood and agreed that the Developer shall not The Mobility Authority agrees to pay for the assessment and remediation or other corrective action actions relating to soil and ground water groundwater contamination caused by the utility facility prior to the removal. 7) The City agrees that all service meters must be placed outside of the Project ROW unless otherwise agreed by Mobility Authority.

Design and Construction Standards. (a) All design and construction performed for the Adjustment work which is the subject of this Agreement shall comply with and conform to the following: (1) All applicable local and state laws, regulations, decrees, ordinances and policies, including the UAR, the Utility Manual issued by TxDOT (to the extent its requirements are mandatory for Utility Adjustments the Adjustment necessitated by the Project, as communicated to the Owner by the Developer or TxDOT), the requirements of the CDA, and the policies of TxDOT;DeveloperDB (2) All Federal laws, regulations, decrees, ordinances and policies applicable to projects receiving Federal funding, financing and/or credit assistance, including without limitation 23 CFR 645 Subparts A and B; (3) The terms of all governmental permits or other approvals, as well as any private approvals of third parties necessary for such work; and (4) The standard specifications, standards of practice, and construction methods (collectively, “standards”) which the Owner customarily applies to utility facilities comparable to the Owner Utilities that are constructed by the Owner or for the Owner by its contractors at the Owner’s expense, which standards are current at the time this Agreement is signed by the Owner, and which the Owner has submitted to the Developer DeveloperDB Contractor in writing. (5) Owner agrees that all service meters must be placed outside of the State ROW. (b) Such design and construction also shall be consistent and compatible with (i) the DeveloperDeveloperDB Contractor’s ’s current design and construction of the Project, (ii) the "Ultimate Configuration" for the Project, and (iii) any other utilities being installed in the same vicinity. The Owner acknowledges receipt from the Developer DeveloperDB Contractor of Project plans and Ultimate Configuration documents as necessary to comply with the foregoing. In case of any inconsistency among any of the standards referenced in this Agreement, the most stringent standard shall apply. (c) The plans, specifications, and cost estimates contained in Exhibit A shall identify and detail all utility facilities that the Owner intends to abandon in place rather than remove, including material type, quantity, size, age, and condition. No facilities containing hazardous or contaminated materials may be abandoned, but shall be specifically identified and removed in accordance with the requirements of subparagraph (a). It is understood and agreed that the Developer DeveloperDB Contractor shall not pay for the assessment and remediation or other corrective action relating to soil and ground water contamination caused by the utility facility prior to the removal.

Design and Construction Standards. (a) All design and construction performed for the Adjustment work which is the subject of this Agreement shall comply with and conform to the following:: Texas Department of Transportation Form SPD ROW-U-CDA-▇▇▇▇-DM Page 4 of 65 Rev. 07/14 (1) All applicable local and state laws, regulations, decrees, ordinances and policies, including the UAR, the Utility Manual issued by TxDOT (to the extent its requirements are mandatory for Utility Adjustments the Adjustment necessitated by the Project, as communicated to the Owner by the Developer or TxDOT), the requirements of the CDA, and the policies of TxDOT; (2) All Federal laws, regulations, decrees, ordinances and policies applicable to projects receiving Federal funding, financing and/or credit assistance, including without limitation 23 CFR 645 Subparts A and B;; and the Buy America provisions of 23 U.S.C § 313 and 23 CFR 635.410. Utility shall supply, upon request by the Developer or TxDOT, proof of compliance with the aforementioned laws, rules and regulations prior to the commencement of construction. (3) The terms of all governmental permits or other approvals, as well as any private approvals of third parties necessary for such work; and (4) The standard specifications, standards of practice, and construction methods (collectively, “standards”) which the Owner customarily applies to utility facilities comparable to the Owner Utilities that are constructed by the Owner or for the Owner by its contractors at the Owner’s expense, which standards are current at the time this Agreement is signed by the Owner, and which the Owner has submitted to the Developer in writing. (5) Owner agrees that all service meters must be placed outside of the State ROW. (b) Such design and construction also shall be consistent and compatible with (i) the Developer’s current design and construction of the Project, (ii) the "Ultimate Configuration" for the Project, and (iii) any other utilities being installed in the same vicinity. The Owner acknowledges receipt from the Developer of Project plans and Ultimate Configuration documents as necessary to comply with the foregoing. In case of any inconsistency among any of the standards referenced in this Agreement, the most stringent standard shall apply. (c) The plans, specifications, and cost estimates contained in Exhibit A shall identify and detail all utility facilities that the Owner intends to abandon in place rather than remove, including material type, quantity, size, age, and condition. No facilities containing hazardous or contaminated materials may be abandoned, but shall be specifically identified and removed in accordance with the requirements of subparagraph (a). It is understood and agreed that the Developer shall not pay for the assessment and remediation or other corrective action relating to soil and ground water contamination caused by the utility facility prior to the removal.

Design and Construction Standards. (a) All design and construction performed for the Adjustment work which is the subject of this Agreement shall comply with and conform to the following: (1) All applicable local and state laws, regulations, decrees, ordinances and policies, including the UAR, the Utility Manual issued by TxDOT (to the extent its requirements are mandatory for Utility Adjustments the Adjustment necessitated by the Project, as communicated to the Owner by the Developer DB Contractor, or TxDOT), the requirements of the CDA, and the policies of TxDOT; (2) All Federal laws, regulations, decrees, ordinances and policies applicable to projects receiving Federal funding, financing and/or credit assistance, including without limitation 23 CFR 645 Subparts A and B;; and the Buy America provisions of 23 U.S.C § 313 and 23 CFR 635.410. Utility shall supply, upon request by the Developer or State, proof of compliance with the aforementioned laws, rules and regulations prior to the commencement of construction. (3) The terms of all governmental permits or other approvals, as well as any private approvals of third parties necessary for such work; and (4) The standard specifications, standards of practice, and construction methods (collectively, “standards”) which the Owner customarily applies to utility facilities comparable to the Owner Utilities that are constructed by the Owner or for the Owner by its contractors at the Owner’s expense, which standards are current at the time this Agreement is signed by the Owner, and which the Owner has submitted to the Developer DB Contractor in writing. (5) Owner agrees that all service meters must be placed outside of the State ROW. (b) Such design and construction also shall be consistent and compatible with (i) the DeveloperDB Contractor’s ’s current design and construction of the Project, (ii) the "Ultimate Configuration" for the Project, and (iii) any other utilities being installed in the same vicinity. The Owner acknowledges receipt from the Developer DB Contractor of Project plans and Ultimate Configuration documents as necessary to comply with the foregoing. In case of any inconsistency among any of the standards referenced in this Agreement, the most stringent standard shall apply. (c) The plans, specifications, and cost estimates contained in Exhibit A shall identify and detail all utility facilities that the Owner intends to abandon in place rather than remove, including material type, quantity, size, age, and condition. No facilities containing hazardous or contaminated materials may be abandoned, but shall be specifically identified and removed in accordance with the requirements of subparagraph (a). It is understood and agreed that the Developer DB Contractor shall not pay for the assessment and remediation or other corrective action relating to soil and ground water contamination caused by the utility facility prior to the removal.

Design and Construction Standards. (a) All design and construction performed for the Adjustment work which is the subject of this Agreement shall comply with and conform to the following: (1) All applicable local and state lawsState Laws, regulations, decrees, ordinances and policies, including the UAR, the Utility Manual issued by TxDOT (to the extent its requirements are mandatory for the Utility Adjustments Adjustment necessitated by the Project, communicated to the Owner by the Developer or TxDOT), the requirements of the CDA, and the policies of TxDOT; (2) All Federal lawsLaws, regulations, decrees, ordinances and policies applicable to projects receiving Federal funding, financing and/or credit assistance, including without limitation 23 CFR 645 Subparts A and BB and the Buy America provisions of 23 U.S.C § 313 and 23 CFR 635.410. The Utility Owner shall supply, upon request by the Developer or TxDOT, proof of compliance with the aforementioned Laws, rules and regulations prior to the commencement of construction; (3) The terms of all governmental permits or other approvals, as well as any private approvals of third parties necessary for such work; and; (4) The standard specifications, standards of practice, and construction methods (collectively, “standards”) which the Owner customarily applies to facilities comparable to the Owner Utilities that are constructed by the Owner or for the Owner by its contractors at the Owner’s expense, which standards are current at the time this Agreement is signed by the Owner, and which the Owner has submitted to the Developer in writing.; and (5) Owner agrees that all service meters must be placed outside of the State ROW. (b) Such design and construction also shall be consistent and compatible with with: (i) the The Developer’s current design and construction of the Project, ; (ii) the The "Ultimate Configuration" for the Project, and Projec; and (iii) any Any other utilities being installed in the same vicinity. The Owner acknowledges receipt from the Developer of Project plans and Ultimate Configuration documents as necessary to comply with the foregoing. In case of any inconsistency among any of the standards referenced in this Agreement, the most stringent standard shall apply. (c) The plans, specifications, and cost estimates contained in Exhibit A shall identify and detail all utility Utility facilities that the Owner intends to abandon in place rather than remove, including material type, quantity, size, age, and condition. No facilities containing hazardous or contaminated materials may be abandoned, but shall be specifically identified and removed in accordance with the requirements of subparagraph (a). It is understood and agreed that the Developer shall not pay for the assessment and remediation or other corrective action relating to soil and ground water contamination caused by the utility facility prior to the removal.

Design and Construction Standards. (a) All design and construction performed for the Adjustment work which is the subject of this Agreement shall comply with and conform to the following: (1) All applicable local and state laws, regulations, decrees, ordinances and policies, including the UAR, the Utility Manual issued by TxDOT (to the extent its requirements are mandatory for Utility Adjustments necessitated by the Project, communicated to the Owner by the Developer or TxDOT), the requirements of the CDADA, and the policies of TxDOT; (2) All Federal laws, regulations, decrees, ordinances and policies applicable to projects receiving Federal funding, financing and/or credit assistance, including without limitation 23 CFR 645 Subparts A and B; (3) The terms of all governmental permits or other approvals, as well as any private approvals of third parties necessary for such work; and (4) The standard specifications, standards of practice, and construction methods (collectively, “standards”) which the Owner customarily applies to facilities comparable to the Owner Utilities that are constructed by the Owner or for the Owner by its contractors at the Owner’s expense, which standards are current at the time this Agreement is signed by the Owner, and which the Owner has submitted to the Developer in writing. (5) Owner agrees that all service meters must be placed outside of the State ROW. (b) Such design and construction also shall be consistent and compatible with (i) the Developer’s current design and construction of the Project, (ii) the "Ultimate Configuration" for the Project, and (iii) any other utilities being installed in the same vicinity. The Owner acknowledges receipt from the Developer of Project plans and Ultimate Configuration documents as necessary to comply with the foregoing. In case of any inconsistency among any of the standards referenced in this Agreement, the most stringent standard shall apply. (c) The plans, specifications, and cost estimates contained in Exhibit A shall identify and detail all utility facilities that the Owner intends to abandon in place rather than remove, including material type, quantity, size, age, and condition. No facilities containing hazardous or contaminated materials may be abandoned, but shall be specifically identified and removed in accordance with the requirements of subparagraph (a). It is understood and agreed that the Developer shall not pay for the assessment and remediation or other corrective action relating to soil and ground water contamination caused by the utility facility prior to the removal.

Design and Construction Standards. (a) All design and construction performed for the Adjustment work which is the subject of this Agreement shall comply with and conform to the following: (1) All applicable local and state laws, regulations, decrees, ordinances and policies, including the UAR, the Utility Manual issued by TxDOT (to the extent its requirements are mandatory for Utility Adjustments necessitated by the Project, communicated to the Owner by the Developer DB Contractor or TxDOT), the requirements of the CDA, and the policies of TxDOT; (2) All Federal laws, regulations, decrees, ordinances and policies applicable to projects receiving Federal funding, financing and/or credit assistance, including without limitation 23 CFR 645 Subparts A and B;; and the Buy America provisions of 23 U.S.C § 313 and 23 CFR 635.410. Utility shall supply, upon request by the Developer or State, proof of compliance with the aforementioned laws, rules and regulations prior to the commencement of construction. (3) The terms of all governmental permits or other approvals, as well as any private approvals of third parties necessary for such work; and (4) The standard specifications, standards of practice, and construction methods (collectively, “standards”) which the Owner customarily applies to facilities comparable to the Owner Utilities that are constructed by the Owner or for the Owner by its contractors at the Owner’s expense, which standards are current at the time this Agreement is signed by the Owner, and which the Owner has submitted to the Developer DB Contractor in writing. (5) Owner agrees that all service meters must be placed outside of the State ROW. (b) Such design and construction also shall be consistent and compatible with (i) the DeveloperDB Contractor’s current design and construction of the Project, (ii) the "Ultimate Configuration" for the Project, and (iii) any other utilities being installed in the same vicinity. The Owner acknowledges receipt from the Developer DB Contractor of Project plans and Ultimate Configuration documents as necessary to comply with the foregoing. In case of any inconsistency among any of the standards referenced in this Agreement, the most stringent standard shall apply. (c) The plans, specifications, and cost estimates contained in Exhibit A shall identify and detail all utility facilities that the Owner intends to abandon in place rather than remove, including material type, quantity, size, age, and condition. No facilities containing hazardous or contaminated materials may be abandoned, but shall be specifically identified and removed in accordance with the requirements of subparagraph (a). It is understood and agreed that the Developer DB Contractor shall not pay for the assessment and remediation or other corrective action relating to soil and ground water contamination caused by the utility facility prior to the removal.

Design and Construction Standards. (a) All design and construction performed for the Adjustment work which is the subject of this Agreement shall comply with and conform to the following: (1) All applicable local and state lawsState Laws, regulations, decrees, ordinances and policies, including the UAR, the Utility Manual issued by TxDOT (to the extent its requirements are mandatory for the Utility Adjustments Adjustment necessitated by the Project, as communicated to the Owner by the Developer DB Contractor or TxDOT), the requirements of the CDADBC, and the policies of TxDOT; (2) All Federal lawsfederal Laws, regulations, decrees, ordinances and policies applicable to projects receiving Federal federal funding, financing and/or credit assistance, including without limitation limitation, 23 CFR 645 Subparts Subpart A and B; and the Buy America provisions of 23 U.S.C. §313 and 23 CFR 635.410. The Utility Owner shall supply, upon request by the DB Contractor or TxDOT, proof of compliance with the aforementioned Laws, rules and regulations prior to the commencement of construction; (3) The terms of all governmental permits or other approvals, as well as any private approvals of third parties necessary for such work; and; (4) The standard specifications, standards of practice, and construction methods (collectively, “standards”) which the Owner customarily applies to Utility facilities comparable to the Owner Utilities that are constructed by the Owner or for the Owner by its contractors at the Owner’s expense, which standards are current at the time this Agreement is signed by the Owner, and which the Owner has submitted to the Developer DB Contractor in writing.; and (5) Owner agrees that all service meters matters must be placed outside of the State ROW. (b) Such design and construction also shall be consistent and compatible with with: (i1) the DeveloperThe DB Contractor’s current design and construction of the Project, ; (ii2) the "The Ultimate Configuration" Configuration for the Project, and ; and (iii3) any Any other utilities Utilities being installed in the same vicinity. The Owner acknowledges receipt from the Developer of Project plans and Ultimate Configuration documents from the DB Contractor as necessary to comply with the foregoing. In case of any inconsistency among any of the standards referenced in this Agreement, the most stringent standard shall apply. (c) The plans, specifications, and cost estimates contained in Exhibit A shall identify and detail all utility Utility facilities that the Owner intends to abandon in place rather than remove, including material type, quantity, size, age, age and condition. No facilities containing hazardous or contaminated materials may be abandoned, but shall be specifically identified and removed in accordance with the requirements of subparagraph (a). It is understood and agreed that the Developer DB Contractor shall not pay for the assessment and remediation or other corrective action relating to soil and ground water contamination caused by the utility Utility facility prior to the removal.

Design and Construction Standards. (a) All design and construction performed for the Adjustment work which is the subject of this Agreement shall comply with and conform to the following: (1) All applicable local and state lawsState Laws, regulations, decrees, ordinances and policies, including the UAR, the Utility Manual issued by TxDOT (to the extent its requirements are mandatory for the Utility Adjustments Adjustment necessitated by the Project, communicated to the Owner by the Developer DB Contractor or TxDOT), the requirements of the CDADBC, and the policies of TxDOT; (2) All Federal lawsfederal Laws, regulations, decrees, ordinances and policies applicable to projects receiving Federal funding, financing and/or credit assistance, including without limitation 23 CFR 645 Subparts A and BB and the Buy America provisions of 23 U.S.C § 313 and 23 CFR 635.410. The Utility Owner shall supply, upon request by the DB Contractor or TxDOT, proof of compliance with the aforementioned Laws, rules and regulations prior to the commencement of construction; (3) The terms of all governmental permits or other approvals, as well as any private approvals of third parties necessary for such work; and; (4) The standard specifications, standards of practice, and construction methods (collectively, “standards”) which the Owner customarily applies to facilities comparable to the Owner Utilities that are constructed by the Owner or for the Owner by its contractors at the Owner’s expense, which standards are current at the time this Agreement is signed by the Owner, and which the Owner has submitted to the Developer DB Contractor in writing.; and (5) Owner agrees that all service meters must be placed outside of the State ROW. (b) Such design and construction also shall be consistent and compatible with with: (i1) the DeveloperThe DB Contractor’s current design and construction of the Project, ; (ii2) the "The Ultimate Configuration" Configuration for the Project, and ; and (iii3) any Any other utilities being installed in the same vicinity. The Owner acknowledges receipt from the Developer DB Contractor of Project plans and Ultimate Configuration documents as necessary to comply with the foregoing. In case of any inconsistency among any of the standards referenced in this Agreement, the most stringent standard shall apply. (c) The plans, specifications, and cost estimates contained in Exhibit A shall identify and detail all utility Utility facilities that the Owner intends to abandon in place rather than remove, including material type, quantity, size, age, and condition. No facilities containing hazardous or contaminated materials may be abandoned, but shall be specifically identified and removed in accordance with the requirements of subparagraph (a). It is understood and agreed that the Developer DB Contractor shall not pay for the assessment and remediation or other corrective action relating to soil and ground water contamination caused by the utility facility prior to the removal.

Design and Construction Standards. (a) All design and construction performed for the Adjustment work which is the subject of this Agreement shall comply with and conform to the following: (1) All applicable local and state laws, regulations, decrees, ordinances and policies, including the UAR, the Utility Manual issued by TxDOT (to the extent its requirements are mandatory for Utility Adjustments the Adjustment necessitated by the Project, as communicated to the Owner by the Developer DB Contractor, or TxDOT), the requirements of the CDA, and the policies of TxDOT; (2) All Federal laws, regulations, decrees, ordinances and policies applicable to projects receiving Federal funding, financing and/or credit assistance, including without limitation 23 CFR 645 Subparts A and B; (3) The terms of all governmental permits or other approvals, as well as any private approvals of third parties necessary for such work; and (4) The standard specifications, standards of practice, and construction methods (collectively, “standards”) which the Owner customarily applies to utility facilities comparable to the Owner Utilities that are constructed by the Owner or for the Owner by its contractors at the Owner’s expense, which standards are current at the time this Agreement is signed by the Owner, and which the Owner has submitted to the Developer DB Contractor in writing. (5) Owner agrees that all service meters must be placed outside of the State ROW. (b) Such design and construction also shall be consistent and compatible with (i) the DeveloperDB Contractor’s ’s current design and construction of the Project, (ii) the "Ultimate Configuration" for the Project, and (iii) any other utilities being installed in the same vicinity. The Owner acknowledges receipt from the Developer DB Contractor of Project plans and Ultimate Configuration documents as necessary to comply with the foregoing. In case of any inconsistency among any of the standards referenced in this Agreement, the most stringent standard shall apply. (c) The plans, specifications, and cost estimates contained in Exhibit A shall identify and detail all utility facilities that the Owner intends to abandon in place rather than remove, including material type, quantity, size, age, and condition. No facilities containing hazardous or contaminated materials may be abandoned, but shall be specifically identified and removed in accordance with the requirements of subparagraph (a). It is understood and agreed that the Developer DB Contractor shall not pay for the assessment and remediation or other corrective action relating to soil and ground water contamination caused by the utility facility prior to the removal.

Design and Construction Standards. (a) All design and construction performed for the Adjustment work which is the subject of this Agreement shall comply with and conform to the following: (1) All applicable local and state laws, regulations, decrees, ordinances and policies, including the UAR, the Utility Manual issued by TxDOT (to the extent its requirements are mandatory for Utility Adjustments necessitated by the Project, communicated to the Owner by the Developer DeveloperDB Contractor or TxDOT), the requirements of the CDA, and the policies of TxDOT; (2) All Federal laws, regulations, decrees, ordinances and policies applicable to projects receiving Federal funding, financing and/or credit assistance, including without limitation 23 CFR 645 Subparts A and B; (3) The terms of all governmental permits or other approvals, as well as any private approvals of third parties necessary for such work; and (4) The standard specifications, standards of practice, and construction methods (collectively, “standards”) which the Owner customarily applies to facilities comparable to the Owner Utilities that are constructed by the Owner or for the Owner by its contractors at the Owner’s expense, which standards are current at the time this Agreement is signed by the Owner, and which the Owner has submitted to the Developer DeveloperDB Contractor in writing. (5) Owner agrees that all service meters must be placed outside of the State ROW. (b) Such design and construction also shall be consistent and compatible with (i) the DeveloperDeveloperDB Contractor’s current design and construction of the Project, (ii) the "Ultimate Configuration" for the Project, and (iii) any other utilities being installed in the same vicinity. The Owner acknowledges receipt from the Developer DeveloperDB Contractor of Project plans and Ultimate Configuration documents as necessary to comply with the foregoing. In case of any inconsistency among any of the standards referenced in this Agreement, the most stringent standard shall apply. (c) The plans, specifications, and cost estimates contained in Exhibit A shall identify and detail all utility facilities that the Owner intends to abandon in place rather than remove, including material type, quantity, size, age, and condition. No facilities containing hazardous or contaminated materials may be abandoned, but shall be specifically identified and removed in accordance with the requirements of subparagraph (a). It is understood and agreed that the Developer DeveloperDB Contractor shall not pay for the assessment and remediation or other corrective action relating to soil and ground water contamination caused by the utility facility prior to the removal.

Design and Construction Standards. (a) All design and construction performed for the Adjustment work which is the subject of this Agreement shall comply with and conform to the following: (1) All applicable local and state laws, regulations, decrees, ordinances and policies, including the UAR, the Utility Manual issued by TxDOT (to the extent its requirements are mandatory for Utility Adjustments the Adjustment necessitated by the Project, as communicated to the Owner by the Developer Developer, or TxDOT), the requirements of the CDADA, and the policies of TxDOT; (2) All Federal laws, regulations, decrees, ordinances and policies applicable to projects receiving Federal funding, financing and/or credit assistance, including without limitation 23 CFR 645 Subparts A and B; (3) The terms of all governmental permits or other approvals, as well as any private approvals of third parties necessary for such work; and (4) The standard specifications, standards of practice, and construction methods (collectively, “standards”) which the Owner customarily applies to utility facilities comparable to the Owner Utilities that are constructed by the Owner or for the Owner by its contractors at the Owner’s expense, which standards are current at the time this Agreement is signed by the Owner, and which the Owner has submitted to the Developer in writing. (5) Owner agrees that all service meters must be placed outside of the State ROW. (b) Such design and construction also shall be consistent and compatible with (i) the Developer’s current design and construction of the Project, (ii) the "Ultimate Configuration" for the Project, and (iii) any other utilities being installed in the same vicinity. The Owner acknowledges receipt from the Developer of Project plans and Ultimate Configuration documents as necessary to comply with the foregoing. In case of any inconsistency among any of the standards referenced in this Agreement, the most stringent standard shall apply. (c) The plans, specifications, and cost estimates contained in Exhibit A shall identify and detail all utility facilities that the Owner intends to abandon in place rather than remove, including material type, quantity, size, age, and condition. No facilities containing hazardous or contaminated materials may be abandoned, but shall be specifically identified and removed in accordance with the requirements of subparagraph (a). It is understood and agreed that the Developer shall not pay for the assessment and remediation or other corrective action relating to soil and ground water contamination caused by the utility facility prior to the removal.

Design and Construction Standards. (a) All design and construction performed for the Adjustment work which is the subject of this Agreement shall comply with and conform to the following: (1) All applicable local and state laws, regulations, decrees, ordinances and policies, including the UAR, the Utility Manual issued by TxDOT (to the extent its requirements are mandatory for Utility Adjustments the Adjustment necessitated by the Project, as communicated to the Owner by the Developer Developer, or TxDOT), the requirements of the CDA, and the policies of TxDOT; (2) All Federal laws, regulations, decrees, ordinances and policies applicable to projects receiving Federal funding, financing and/or credit assistance, including without limitation 23 CFR 645 Subparts A and B; (3) The terms of all governmental permits or other approvals, as well as any private approvals of third parties necessary for such work; and (4) The standard specifications, standards of practice, and construction methods (collectively, “standards”) which the Owner customarily applies to utility facilities comparable to the Owner Utilities that are constructed by the Owner or for the Owner by its contractors at the Owner’s expense, which standards are current at the time this Agreement is signed by the Owner, and which the Owner has submitted to the Developer in writing. (5) Owner agrees that all service meters must be placed outside of the State ROW. (b) Such design and construction also shall be consistent and compatible with (i) the Developer’s current design and construction of the Project, (ii) the "Ultimate Configuration" for the Project, and (iii) any other utilities being installed in the same vicinity. The Owner acknowledges receipt from the Developer of Project plans and Ultimate Configuration documents as necessary to comply with the foregoing. In case of any inconsistency among any of the standards referenced in this Agreement, the most stringent standard shall apply. (c) The plans, specifications, and cost estimates contained in Exhibit A shall identify and detail all utility facilities that the Owner intends to abandon in place rather than remove, including material type, quantity, size, age, and condition. No facilities containing hazardous or contaminated materials may be abandoned, but shall be specifically identified and removed in accordance with the requirements of subparagraph (a). It is understood and agreed that the Developer shall not pay for the assessment and remediation or other corrective action relating to soil and ground water contamination caused by the utility facility prior to the removal.

Design and Construction Standards. (a) All design and construction performed for the Adjustment work which is the subject of this Agreement shall comply with and conform to the following: (1) All applicable local and state laws, regulations, decrees, codes, ordinances and policies, including including, but not limited to, the UAR, the Utility Manual issued by TxDOT (to the extent its requirements are mandatory for Utility Adjustments the Adjustment necessitated by the Project, as communicated to the Owner by the Developer Developer, or TxDOT), the requirements of the CDADA, and the policies of TxDOT; (2) All Federal laws, regulations, decrees, ordinances and policies applicable to projects receiving Federal funding, financing and/or credit assistance, including without limitation limitation, 23 CFR C.F.R. § 645 Subparts A and BB (relating to utility relocations) and 23 U.S.C. § 313 and 23 C.F.R. § 635.410 (Buy America); (3) The terms of all governmental permits or other approvals, as well as any private approvals of third parties necessary for such work; and, including, without limitation and where applicable, railroads; (4) The standard specifications, standards of practice, and construction methods (collectively, “standardsOwner’s Standards”) which the Owner customarily applies to utility facilities comparable to the Owner Utilities that are constructed by the Owner or for the Owner by its contractors at the Owner’s expense, which standards are current at the time this Agreement is signed by the Owner, and which the Owner has submitted to the Developer in writing.; and (5) Owner agrees that all service meters must be placed outside of the State ROW. (b) Such design and construction also shall be consistent and compatible with (i) the Developer’s and the Design-Build Contractor’s current design and construction of the Project, (ii) the "Ultimate Configuration" for the Project, and (iii) any other utilities being installed in the same vicinity. The Owner acknowledges receipt from the Developer Design-Build Contractor of Project plans and Ultimate Configuration documents as necessary to comply with the foregoing. In case of any inconsistency among any of the standards referenced in this Agreement, the most stringent standard shall apply. (c) The plans, specifications, and cost estimates contained in Exhibit A shall identify and detail all utility facilities that the Owner intends to abandon in place rather than remove, including material type, quantity, size, age, and condition. No facilities containing hazardous or contaminated materials may be abandoned, but shall be specifically identified and removed in accordance with the requirements of subparagraph (a). It is understood and agreed that the Developer shall not pay for the assessment and remediation or other corrective action relating resulting from any contamination attributable to soil and ground water contamination caused by the presence of the utility facility or the acts or omissions of Owner or its contractors in Adjusting the facility. (d) The Owner shall execute the Buy America certification attached hereto as Exhibit B contemporaneously with this Agreement. The Owner shall supply, upon request by Developer or TxDOT, proof of compliance with the laws, rules, and regulations referenced in Paragraph 3(a)(2) prior to the removalcommencement of construction.

Design and Construction Standards. (a) All design and construction performed for the Adjustment work which is the subject of this Agreement shall comply with and conform to the following: (1) All applicable local and state lawsState Laws, regulations, decrees, ordinances and policies, including the UAR, the Utility Manual issued by TxDOT (to the extent its requirements are mandatory for the Utility Adjustments Adjustment necessitated by the Project, as communicated to the Owner by the Developer or TxDOT), the requirements of the CDA, and the policies of TxDOT; (2) All Federal lawsLaws, regulations, decrees, ordinances and policies applicable to projects receiving Federal funding, financing and/or credit assistance, including without limitation limitation, 23 CFR 645 Subparts Subpart A and B; and the Buy America provisions of 23 U.S.C. §313 and 23 CFR 635.410. The Utility Owner shall supply, upon request by the Developer or TxDOT, proof of compliance with the aforementioned Laws, rules and regulations prior to the commencement of construction; (3) The terms of all governmental permits or other approvals, as well as any private approvals of third parties necessary for such work; and; (4) The standard specifications, standards of practice, and construction methods (collectively, “standards”) which the Owner customarily applies to Utility facilities comparable to the Owner Utilities that are constructed by the Owner or for the Owner by its contractors at the Owner’s expense, which standards are current at the time this Agreement is signed by the Owner, and which the Owner has submitted to the Developer in writing.; and (5) Owner agrees that all service meters matters must be placed outside of the State ROW. (b) Such design and construction also shall be consistent and compatible with with: (i) the The Developer’s current design and construction of the Project, ; (ii) the "The “Ultimate Configuration" ” for the Project, and ; and (iii) any Any other utilities Utilities being installed in the same vicinity. The Owner acknowledges receipt from the Developer of Project plans and Ultimate Configuration documents from the Developer as necessary to comply with the foregoing. In case of any inconsistency among any of the standards referenced reference in this Agreement, the most stringent standard shall apply. (c) The plans, specifications, and cost estimates contained in Exhibit A shall identify and detail all utility Utility facilities that the Owner intends to abandon in place rather than remove, including material type, quantity, size, age, age and condition. No facilities containing hazardous or contaminated materials may be abandoned, but shall be specifically identified and removed in accordance with the requirements of subparagraph (a). It is understood and agreed that the Developer shall not pay for the assessment and remediation or other corrective action relating to soil and ground water contamination caused by the utility Utility facility prior to the removal.

Design and Construction Standards. (a) All design and construction performed for the Adjustment work which is the subject of this Agreement shall comply with and conform to the following: (1) All applicable local and state laws, regulations, decrees, ordinances and policies, including the UAR, the Utility Manual issued by TxDOT (to the extent its requirements are mandatory for Utility Adjustments the Adjustment necessitated by the Project, as communicated to the Owner by the Developer Developer, or TxDOT), the requirements of the CDA, and the policies of TxDOT; (2) All Federal laws, regulations, decrees, ordinances and policies applicable to projects receiving Federal funding, financing and/or credit assistance, including without limitation 23 CFR 645 Subparts A and B; (3) The terms of all governmental permits or other approvals, as well as any private approvals of third parties necessary for such work; and (4) The standard specifications, standards of practice, and construction methods (collectively, “standards”) which the Owner customarily applies to utility facilities comparable to the Owner Utilities that are constructed by the Owner or for the Owner by its contractors at the Owner’s expense, which standards are current at the time this Agreement is signed by the Owner, and which the Owner has submitted to the Developer in writing. (5) Owner agrees that all service meters must be placed outside of the State ROW. (b) Such design and construction also shall be consistent and compatible with (i) the Developer’s ’s current design and construction of the Project, (ii) the "Ultimate Configuration" for the Project, and (iii) any other utilities being installed in the same vicinity. The Owner acknowledges receipt from the Developer of Project plans and Ultimate Configuration documents as necessary to comply with the foregoing. In case of any inconsistency among any of the standards referenced in this Agreement, the most stringent standard shall apply.any (c) The plans, specifications, and cost estimates contained in Exhibit A shall identify and detail all utility facilities that the Owner intends to abandon in place rather than remove, including material type, quantity, size, age, and condition. No facilities containing hazardous or contaminated materials may be abandoned, but shall be specifically identified and removed in accordance with the requirements of subparagraph (a). It is understood and agreed that the Developer shall not pay for the assessment and remediation or other corrective action relating to soil and ground water contamination caused by the utility facility prior to the removal.contamination

Design and Construction Standards. (a) All design and construction performed for the Adjustment work which is the subject of this Agreement shall comply with and conform to the following: (1) All applicable local and state lawsState Laws, regulations, decrees, ordinances and policies, including the UAR, the Utility Manual issued by TxDOT (to the extent its requirements are mandatory for the Utility Adjustments Adjustment necessitated by the Project, communicated to the Owner by the Developer or TxDOT), the requirements of the CDA, and the policies of TxDOT; (2) All Federal lawsLaws, regulations, decrees, ordinances and policies applicable to projects receiving Federal funding, financing and/or credit assistance, including without limitation 23 CFR 645 Subparts A and BB and the Buy America provisions of 23 U.S.C § 313 and 23 CFR 635.410. The Utility Owner shall supply, upon request by the Developer or TxDOT, proof of compliance with the aforementioned Laws, rules and regulations prior to the commencement of construction; (3) The terms of all governmental permits or other approvals, as well as any private approvals of third parties necessary for such work; and; (4) The standard specifications, standards of practice, and construction methods (collectively, “standards”) which the Owner customarily applies to facilities comparable to the Owner Utilities that are constructed by the Owner or for the Owner by its contractors at the Owner’s expense, which standards are current at the time this Agreement is signed by the Owner, and which the Owner has submitted to the Developer in writing.; and (5) Owner agrees that all service meters must be placed outside of the State ROW. (b) Such design and construction also shall be consistent and compatible with with: (i) the The Developer’s current design and construction of the Project, ; (ii) the The "Ultimate Configuration" for the Project, and ; and (iii) any Any other utilities being installed in the same vicinity. The Owner acknowledges receipt from the Developer of Project plans and Ultimate Configuration documents as necessary to comply with the foregoing. In case of any inconsistency among any of the standards referenced in this Agreement, the most stringent standard shall apply. (c) The plans, specifications, and cost estimates contained in Exhibit A shall identify and detail all utility Utility facilities that the Owner intends to abandon in place rather than remove, including material type, quantity, size, age, and condition. No facilities containing hazardous or contaminated materials may be abandoned, but shall be specifically identified and removed in accordance with the requirements of subparagraph (a). It is understood and agreed that the Developer shall not pay for the assessment and remediation or other corrective action relating to soil and ground water contamination caused by the utility facility prior to the removal.