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~tNe Department of Highways ana Public TnnsportatioD Form D.lS.""1 Page 1 of 1 Rev. S-86 If costs are developed under procedure (1) or (2) as before specified, the State will, upon satisfactory completion of the relocation or adjustment and upon receipt of a detailed final billing prepared in acceptable form and manner, make payment in the amount of 90070 of the eligible costs as shown in the fmal 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 reimbursement 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 80070 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 before specified, the State will, upon satisfactory completion of the relocation and adjustment and upon receipt of a billing prepared in acceptable form, make payment to Owner in the agreed amount. Jon execution of this agreement by both parties hereto, the State will, by written notice, authorize the Owner to oceed with the necessary relocation or adjustment, 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 relocation and adjustment, 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 relocation and adjustment. Bills for work hereunder should be submitted to State not later than 90 days after completion of the work, In 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 this agreement does not waive any of the rights which Owner may legally have within the limits of the law. Owner: ('7/,--. A JJæ tJ Execution Recommended: v " '. Larry D. Gilley TIde: City Manager District Engineer Date: July 14, 1992 THE STATE OF TEXAS Certified as being 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 State Highway and Public Transportation Co~on. BY: Right of Way Engineer Date