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

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Form HC- Bond -17 UTILITY ADJUSTMENT AGREEMENT Agreement No.: CoSM- Bond -01 THIS AGREEMENT, by and between the City of San Marcos, hereinafter identified as the "City ", and MCI Communications Services, Inc., hereinafter referred to as the "Owner ", is to be effective as of the date this Agreement is signed by the City. WITNESSETH WHEREAS, the City is authorized to design, construct, operate, maintain, and improve roadway projects as part of the City roadway system throughout the City of San Marcos, and WHEREAS, the City proposes to design, construct, and operate such a project generally described as follows: City of San Marcos /TxDOT LP 82 Overpass located from Thorpe Lane to Charles Austin Drive hereinafter referred to as the "Project "; and WHEREAS, the proposed roadway improvements will necessitate adjustment, removal, and /or relocations of certain facilities ( "Owner Utilities ") of the Owner that are not in the City's right - of -way and that are not subject to any franchise agreement between the City and Owner as indicated in the following statement of work: adjustment of one existing conduit to eliminate the conflict with the bridge footing to be constructed within the Union Pacific Railroad Company ( "UPRR ") right -of -way; and more specifically shown in Owner's plans, specifications and estimated costs hereto as Attachment "A ". WHEREAS, the City will participate in the costs of the adjustment, removal, and /or relocation of certain facilities to the extent eligible for reimbursement under the terms of this Agreement. WHEREAS, the City desires to implement the adjustment, removal or relocation of Owner Utilities in a timely fashion by entering into this Agreement with Owner. CoSM- Bond -01 MCI Verizon.docx Page I of 7