Res 2003-189 - Laserfiche WebLink

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Texas Department of Transportation Form D-15-131 District Form Page 2 of 2 Rev~ 2/97 If costs are developed under procedure (I) or (2) as hereinbefore specified, the State will, upon satisfactory completion of the adjustment, removal or relocation and upon receipt of a detailed final billing prepared in acceptable form and manner, make payment in the amount of ninety (90) percent of the eligible costs as shown in the final billing prior to the required audit and after such audit shall make final payment in an amount so that the total payments will equal the amount found eligible for State rehnbursemcnt by the final audit. When requested, the State will make intermediate payments at not less than monthly intervals to Owner when properly billed and such payments will not exceed eighty (80) percent of the eligible cost as shown in each such billing. Intermediate payments shall not be construed as final payment for any items included in the intermediate payment. If costs are developed under procedure (3) as hereinbefore specified, the State will, upon satisfactory completion of the adjustment, removal or relocation and upon receipt of a billing prepared in acceptable form and manner, make payment to Owner in the agreed amount. Upon execution of this agreement by both parties hereto, the State will, by written notice, authorize the Owner to proceed with the necessary removal, adjustment 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 State's highway construction or in the said work. The Owner will carry out said removal, adjustment or relocation, accurately record the costs, and retain such records in accordance with applicable rules, regulations and procedures or the State, and the costs paid by the State pursuant to this agreement shall be full compensation to Owner for all costs incurred by Owner in making such adjustment, removal or relocation. Bills for work hereunder should be submitted to State not later than ninety (90) days after completion of the work. lu the event it is determined that a substantial change from the statement of work contained in this agreement is required, reimbursement therefor shall be limited to costs covered by a modification of this agreement or a written change or extra work order approved by the State. It is exPressly understood that this agreement is subject to cancellation by the State at any time up to the date that work under this agreement has been authorized and that such cancellation will not create any liability on the part of the State, The Owner by execution of the agreement does not waive any of the rights which Owner may legally have within the limits of the law. Owner: CiW of San Marcos By: Title: City Manager EXECUTION RECOMMEMDED: District Right'of Way Supervisor Date: ,October 28, THE STATE OF TEXAS Certified as beinE executed for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: Director of Transportation Planning & Development Texas Department of Transportation Date: