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

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City Of San Marcos Form CoSM- Bond -01 AGREEMENT NOW, THEREFORE, in consideration of these premises and of the mutual covenants and agreements of the parties hereto and other good and valuable consideration, the receipt and sufficiency of which being hereby acknowledged, the City and the Owner agree as follows: 1. The Owner has provided cost estimates for the relocation and reconstruction of the Owner Utilities which are attached hereto as Exhibit A. Owner shall provide to the City a utility plan view map (in both paper and electronic format) illustrating the location of existing and proposed utility facilities on the City's right -of -way map of the Project. In preparation of the plans, specifications and cost estimates, Owner represents as follows (check one box that applies): ❑ Owner's employees were utilized to prepare the plans, specifications and cost estimates, and the charges therefore do not exceed the Owner's typical costs for such work. ® Owner utilized consulting engineers to prepare the plans, specifications and cost estimates, and the fees for such work are not based upon a percentage of construction costs. Further, the fees for such work encompass only the work necessary to prepare the plans, specifications and cost estimates for relocation of the Owner Utilities on the Project and do not include fees for work done on any other project. The fees of the consulting engineers are reasonable and are comparable to the fees typically charged by consulting engineers in the locale of the Project for comparable work for the Owner. 2. The Owner and the City have determined that the method to be used in developing the adjustment, removal or relocation costs shall be as specified for the method checked and described below: ❑ (1) Actual direct and related indirect costs accumulated in accordance with a work order accounting procedure prescribed by the applicable Federal or State regulatory body or as required and approved by the City. ® (2) Actual costs accumulated in accordance with an established accounting procedure developed by the Owner and which the Owner uses in its regular operations. ❑ (3) An agreed sum of , as supported by the analysis of estimated costs attached hereto. This Agreement is further subject to the appropriation of lawfully available funds for the purposes stated herein during the fiscal year in which such expenses to the City would be incurred. If costs are developed under procedure (1) or (2), above, the City will, upon satisfactory completion of the adjustment, removal or relocation and upon receipt of a final billing prepared in a City acceptable form and manner make full payment in the amount of ninety percent (90 %) of the eligible costs shown in the final billing and shall make final payment in an amount so that total payments will equal the amount found eligible for CoSM -01 MCI- Verizon.docx Page 2 of 7