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 other facilities is /are required by applicable law or regulation; or 4) the proposed cable or other facilities are required by Owner's published design criteria in effect as of the date of the final design taking into account spacing and construction methods required by the presence of other utilities in the same right of way. All standard specifications, standards of practice, and construction methods and /or design criteria which the Owner currently applies to their utility facilities that is considered an upgrade from existing facilities being relocated shall be submitted to the City with the final invoice. 6. In order to account for betterment, the Owner shall provide comparative estimates for (i) all work to be performed, including work attributable to betterment, and (ii) non - betterment work associated only with the replacement of existing Owner Utilities, which estimates are subject to agreement by the City. A betterment credit to the City shall be calculated by subtracting (ii) from (i), which remainder shall be divided by (i), to arrive at the percentage of the work attributable to betterment. The City shall reimburse the Owner that portion of the Owner's costs equal to the approved costs, less the betterment credit. After application of the betterment credit, the City will then apply the credit, if any, for salvage material. 7. The City will not be responsible for costs resulting from utility design revisions and relocations necessitated by design changes unless authorized and approved by the City prior to the commencement of the said redesign. 8. The Owner may utilize its own employees or may retain such contractor or contractors as necessary to relocate and reconstruct the Owner Utilities through the procedures set forth in Form CSM- Bond -U01 "Statement Covering Contract Work" attached hereto. If Owner utilizes its employees for the relocation and reconstruction work, a Form CSM- Bond -U01 is not required. 9. The Owner will not begin relocation or reconstruction of Owner Utilities until such right - of- way necessary for any sequence thereof is acquired or a right -of -entry acceptable to the City is obtained, it being incumbent upon the Owner to assure that all such installations at all times be within property owned or controlled by the City or owned or controlled by the Owner. 10. The City or its designee will, by written notice, authorize the Owner to proceed with the necessary adjustment, removal or relocation, and the Owner agrees to prosecute such work diligently to completion in such manner as will not result in avoidable interference or delay in either the City's Project construction or in the said work. 11. Upon receipt of written notice to proceed from the City or its designee, the Owner and Owner's contractors are hereby granted the authority to enter upon the Project right -of- way to proceed with the work. The Owner agrees to act expeditiously to relocate and reconstruct the Owner Utilities necessary for the construction, operation, and maintenance of the Project according to approved final plans, the required specifications, and contract documents, all of which shall have been approved in writing by the City prior to commencement of the work. Upon completion of the relocation and /or reconstruction of the Owner Utilities, the Owner, upon request by the City, will provide the City with as -built plans of the completed Owner Utilities. CoSM -01 MCI - Verizon.docx Page 4 of 7