Res 1998-233 - Laserfiche WebLink

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.Texas Department of Transportation F..>nn 0-1.5-131 Page2of2 Rev. 12191 If costs are developed under procedure (1) or (2) as hereinbefore spécified, the State will, upon satis.; , factory completion of the adjustment, removal or relocation and upon receipt of a detailed final billing pre- pared in acceptable fonn and manner, make payment in the amount of ninety (90) percent of the eligible costs as shown in the fmal billing prior to the required audit and after such audit shall make fmal payment in an amount so that the total payments will equal the amount found eligible for State reimbursement by the final audit. When requested, the State will make intennediate 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. Intennediate payments shall not be construed as fmal payment for any items included in the intennediate 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 fonn 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 tl/9se:' cute such wolk diligently to completion in such manner as will not result in avoidable interference .r 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 of 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 subnútted to State not later than ninety (90) days after completion of the work. In the event it is detennined that a substantial change from the statement of work contained in this agree- ment is reqpired. reimbursement therefor shall be limited to costs covered by a modification of this agree- ment or a written change or extra worlc 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 wotk under this agreement has been authorized and that such cancellation will not create any lia- bility on the part of the State. 1be Owner by execution of this agreement does not waive any of the rights which Owner may legally have within the limits of the law. IN WITNESS WHEREOF, the parties hereto have affIXed their signatures.' Owner: City of San Marcos EXECUTION RECOMMENDED: ~' BY:~ .. ~i"'. Au o' d Signature District Engineer. Texas Department of Transportation Title: Larry D. Gilley, City Manager THE STATE OF TEXAS Date: 12/22/98 Certified as being executed for the purpose aod 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 Right of Way Texas Department of Transportation Date: