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- 1 TSD > Stale Department of Highwa}s o.nd Public ìransponaÙon ForI:'. D-15-35 Page 2 of 2 Rev. 5-86 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 final billing prepared in form and manner as prescribed by FHPM 6-6-3-1, and amendments thereto, make payment in the amount of 900/0 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 reimbursement by the final audit. When requested, the St:lte will make intermediate payments at not less than monthly intervals to Owner when properly billed and such payments will not exceed 80% 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 Msts are developed under procedure (3) as before specified, the State will, upon satisfactory completion of the re ations and adjustments and upon receipt of a billing prepared in acceptable form, make payment to Owner in tt greed amount. Upon execution of this agreement by both parties hereto, the State will, by written notice, authorize the Owner to proceed 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. Such authorization to proceed shall constitute a commitment on the part of the State that the utility relocation has been included in an approved program as an item of right of way acquisiLion or construction, that a project agreement which includes the work will be executed, and that the utility relocation will be required by the final approved project agreement and plans. Form D-15-48 enclosed with Owner's preliminary estimates attached to this agreement, is approved as complying with Paragraph 9 of FHPM 6-6-3-1, and Owner is authorized, but not required, to contract such work. The preliminary estimate will indicate the extent to which work is to be performed under each contract. Other work shall be contracted by Owner only with approval of the State in accordance with FHPM 6-6-3-1. The Owner will carry out said relocation and adjustment, accurately record the costs, and retain such records in ac-' cordance with applicable rules, regulations and procedures and all other provisions of FHPM 6-6-3-1, 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 - expressly understood that this agreement is subject to cancellation by the State at any time up to the date that Vv ~ under this agreement has been authorized and that such cancellation will not create any liability on the part of tì ¡tate. ' 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: City of San Marcos Execution Recommended: ~ / .d Ó/J By: Vb. Larry D...J Gilley ~ Title: Ci ty Manager District Engineer 10 -\~-q2 THE STATE OF TEXAS Date: CertifJCd as being executed for the purpose and effect of activating and/or carrying out lhe orders. established policies, or wor\: programs heretofore approved and authorized by the State Highway and Public Transportation Commission. BY: Right of Way Engineer Date