Common use of PAYMENT FOR WORK Clause in Contracts

PAYMENT FOR WORK. OCTA shall pay its share of the actual and necessary cost of the herein described work within 45 days after receipt of OWNER’s itemized xxxx, signed by a responsible official of OWNER’s organization and prepared on OWNER’s letterhead, compiled on the basis of the actual and necessary cost and expense. The OWNER shall maintain records of the actual costs incurred and charged or allocated to the project in accordance with recognized accounting principles. It is understood and agreed that the OCTA will not pay for any betterment or increase in capacity of OWNER’s facilities in the new location and that OWNER shall give credit to OCTA for the salvage value of any material or parts salvaged and retained or sold by OWNER. Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit progress bills itemized for costs incurred not to exceed OWNER’s recorded costs as of the billing dateless estimated credits applicable to completed work. Payment of progress bills not to exceed the amount of this Agreement may be made under the terms of this Agreement. Payment of progress bills which exceed the amount of this Agreement may be made after receipt and approval by OCTA of documentation supporting the cost increase and after an amendment to this Agreement has been executed by the parties to this Agreement. The OWNER shall submit a final xxxx to OCTA within 360 days after the completion of the work described in Section I above. If OCTA has not received a final xxxx within 360 days after notification of completion of OWNER’s work described in Section I of this Agreement, and OCTA has delivered to OWNER fully executed Director’s Deeds, Consents to Common Use or Joint Use Agreements for OWNER’s facilities (if required), OCTA will provide written notification to OWNER of its intent to close its file within 30 days. OWNER hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned. If OCTA processes a final xxxx for payment more than 360 days after notification of completion of OWNER’s work, payment of the late xxxx may be subject to allocation and/or approval by OCTA. The final billing shall be in the form of an itemized statement of the total costs charged to the project, less the credits provided for in this Agreement, and less any amounts covered by progress xxxxxxxx. However, OCTA shall not pay final bills which exceed the estimated cost of this Agreement without documentation of the reason for the increase of said cost from the OWNER and approval of documentation by OCTA. Except, if the final xxxx exceeds the OWNER’s estimated costs solely as the result of a revised Notice to Owner as provided for in Section I, a copy of said revised Notice to Owner shall suffice as documentation. In either case, payment of the amount over the estimated cost of this Agreement may be subject to allocation and/or approval by OCTA. In any event if the final xxxx exceeds 125% of the estimated cost of this Agreement, an Amended Agreement shall be executed by the parties to this Agreement prior to the payment of the OWNER’s final xxxx. Any and all increases in costs that are the direct result of deviations from the work described in Section I of this Agreement shall have the prior concurrence of OCTA. Detailed records from which the billing is compiled shall be retained by owner for a period of three years from the date of final payment and will be available for audit by OCTA, State and/or Federal auditors. In performing work under this Agreement, OWNER agrees to comply with the Uniform System of Accounts for Public Utilities found at 18 CFR Part 101, 201, et al., and, to the extent they are applicable to owner doing work on the project that is the subject of this agreement, the contract cost principles and procedures as set forth in 48 CFR, Chapter 1, Part 31, et seq., 23 CFR, Chapter 1, Part 645, and 2 CFR Part 200 et al. If a subsequent OCTA, State and/or Federal audit determines payments to be unallowable, OWNER agrees to reimburse OCTA upon receipt of OCTA billing. If OWNER is subject to repayment due to failure by OCTA to comply with applicable laws, regulations, and ordinances then OCTA will ensure that OWNER is compensated for actual cost in performing work under this agreement.

PAYMENT FOR WORK. OCTA The OWNER shall pay its share of the actual and necessary cost of said work included in the herein described work STATE’s highway construction contract within 45 days after receipt of OWNERSTATE’s itemized xxxx, signed by a responsible official of OWNER’s organization and prepared on OWNER’s letterhead, compiled on the basis of the actual and necessary bid price of said contract. The estimated cost to OWNER for the work being performed by the STATE’s highway contractor is $679,000. In the event actual final relocation costs as established herein are less than the sum of money advanced by OWNER to STATE, STATE hereby agrees to refund to OWNER the difference between said actual cost and expensethe sum of money so advanced. The OWNER shall maintain records of In the event that the actual costs incurred and charged or allocated cost of relocation exceeds the amount of money advanced to the project STATE, in accordance with recognized accounting principles. It is understood and agreed that the OCTA will not pay for any betterment or increase in capacity provisions of OWNER’s facilities in the new location and that this Agreement, OWNER shall give credit hereby agrees to OCTA for the salvage value reimburse STATE said deficient costs upon receipt of any material or parts salvaged and retained or sold by OWNERan itemized xxxx as set forth herein. Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit progress bills itemized for costs incurred not to exceed OWNER’s 's recorded costs as of the billing dateless date less estimated credits applicable to completed work. Payment of progress bills not to exceed the amount of this Agreement may be made under the terms of this Agreement. Payment of progress bills which exceed the amount of this Agreement may be made after receipt and approval by OCTA STATE of documentation supporting the cost increase and after an amendment Amendment to this Agreement has been executed by the parties to this Agreement. The OWNER shall submit a final xxxx to OCTA the STATE within 360 days after the completion of the work described in Section I above. If OCTA the STATE has not received a final xxxx within 360 days after notification of completion of OWNER’s Owner's work described in Section I of this Agreement, and OCTA STATE has delivered to OWNER fully executed Director’s 's Deeds, Consents to Common Use or Joint Use Agreements Agreements, if required for OWNER’s facilities (if required)'s facilities, OCTA STATE will provide written notification to OWNER of its intent to close its file within 30 days. days and OWNER hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned. If OCTA the STATE processes a final xxxx for payment more than 360 days after notification of completion of OWNER’s 's work, payment of the late xxxx may be subject to allocation and/or approval by OCTAthe California Transportation Commission. The final billing shall be in the form of an itemized statement of the total costs charged to the project, less the credits provided for in this Agreement, and less any amounts covered by progress xxxxxxxx. However, OCTA the STATE shall not pay final bills which exceed the estimated cost of this Agreement without documentation of the reason for the increase of said cost from the OWNER and approval of documentation by OCTASTATE. Except, if the final xxxx exceeds the OWNER’s 's estimated costs solely as the result of a revised Notice to Owner as provided for in Section I, a copy of said revised Notice to Owner shall suffice as documentation. In either case, payment of the amount over the estimated cost of this Agreement may be subject to allocation and/or approval by OCTAthe California Transportation Commission. In any event if the final xxxx exceeds 125% of the estimated cost of this Agreement, an Amended Agreement shall be executed by the parties to this Agreement prior to the payment of the OWNER’s 's final xxxx. Any and all increases in costs that are the direct result of deviations from the work described in Section I of this Agreement Agreement, shall have the prior concurrence of OCTASTATE. Detailed records from which the billing is compiled shall be retained by owner the OWNER for a period of three years from the date of the final payment and will be available for audit by OCTA, State and/or and or Federal auditors. In performing work under this Agreement, OWNER agrees to comply with the Uniform System of Accounts for Public Utilities found at 18 CFR Part CFR, Parts 101, 201, et al., and, to the extent they are applicable to owner OWNER doing work on the project that is the subject of this agreement, the contract cost principles and procedures as set forth in 48 CFR48CFR, Chapter 1, Part 31, et seq., 23 CFR, Chapter 1, Part 645645 and 2CFR, and 2 CFR Part 200 200, et al. If a subsequent OCTA, State and/or Federal audit determines payments to be unallowable, OWNER agrees to reimburse OCTA AGENCY upon receipt of OCTA AGENCY billing. If OWNER is subject to repayment due to failure by OCTA State/Local Public Agency (LPA) to comply with applicable laws, regulations, and ordinances ordinances, then OCTA State/LPA will ensure that OWNER is compensated for actual cost in performing work under this agreement.

PAYMENT FOR WORK. OCTA shall pay its share of the actual and necessary cost of the herein described work within 45 days after receipt of OWNER’s itemized xxxx, signed by a responsible official of OWNER’s organization and prepared on OWNER’s letterhead, compiled on the basis of the actual and necessary cost and expense. The OWNER shall maintain records of the actual costs incurred and charged or allocated to the project in accordance with recognized accounting principles. It is understood and agreed that the OCTA will not pay for any betterment or increase in capacity of OWNER’s facilities in the new location and that OWNER shall give credit to OCTA for the accrued depreciation of the replaced facilities and for the salvage value of any material or parts salvaged and retained or sold by OWNER. Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit progress bills itemized for costs incurred not to exceed OWNER’s recorded costs as of the billing dateless date less estimated credits applicable to completed work. Payment of progress bills not to exceed the amount of this Agreement may be made under the terms of this Agreement. Payment of progress bills which exceed the amount of this Agreement may be made after receipt and approval by OCTA of documentation supporting the cost increase and after an amendment to this Agreement has been executed by the parties to this Agreement. The OWNER shall submit a final xxxx to OCTA within 360 days after the completion of the work described in Section I above. If OCTA has not received a final xxxx within 360 days after notification of completion of OWNER’s work described in Section I of this Agreement, and OCTA has delivered to OWNER fully executed Director’s Deeds, Consents to Common Use or Joint Use Agreements for OWNER’s facilities (if required), OCTA will provide written notification to OWNER of its intent to close its file within 30 days. OWNER hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned. If OCTA processes a final xxxx for payment more than 360 days after notification of completion of OWNER’s work, payment of the late xxxx may be subject to allocation and/or approval by OCTA. The final billing shall be in the form of an itemized statement of the total costs charged to the project, less the credits provided for in this Agreement, and less any amounts covered by progress xxxxxxxx. However, OCTA shall not pay final bills which exceed the estimated cost of this Agreement without documentation of the reason for the increase of said cost from the OWNER and approval of documentation by OCTA. Except, if the final xxxx exceeds the OWNER’s estimated costs solely as the result of a revised Notice to Owner as provided for in Section I, a copy of said revised Notice to Owner shall suffice as documentation. In either case, payment of the amount over the estimated cost of this Agreement may be subject to allocation and/or approval by OCTA. In any event if the final xxxx exceeds 125% of the estimated cost of this Agreement, an Amended Agreement shall be executed by the parties to this Agreement prior to the payment of the OWNER’s final xxxx. Any and all increases in costs that are the direct result of deviations from the work described in Section I of this Agreement shall have the prior concurrence of OCTA. Detailed records from which the billing is compiled shall be retained by owner for a period of three years from the date of final payment and will be available for audit by OCTA, State and/or Federal auditors. In performing work under this Agreement, OWNER agrees to comply with the Uniform System of Accounts for Public Utilities found at 18 CFR Part 101, 201, et al., and, to the extent they are applicable to owner doing work on the project that is the subject of this agreement, the contract cost principles and procedures as set forth in 48 CFR, Chapter 1, Part 31, et seq., 23 CFR, Chapter 1, Part 645, and 2 CFR Part 200 et al. If a subsequent OCTA, State and/or Federal audit determines payments to be unallowable, OWNER agrees to reimburse OCTA upon receipt of OCTA billing. If OWNER is subject to repayment due to failure by OCTA to comply with applicable laws, regulations, and ordinances then OCTA will ensure that OWNER is compensated for actual cost in performing work under this agreement.

PAYMENT FOR WORK. OCTA The OWNER shall pay its share of the actual and necessary cost of said work included in the herein described work STATE's highway construction contract within 45 days after receipt of OWNER’s itemized xxxx, signed by a responsible official of OWNER’s organization and prepared on OWNER’s letterheadSTATE's bill, compiled on the basis of the actual and necessary bid price of said contract. The estimated cost to OWNER for the work being performed by the STATE's highway contractor is $43,300.00. In the event actual final relocation costs as established herein are less than the sum of money advanced by OWNER to STATE, STATE hereby agrees to refund to OWNER the difference between said actual cost and expense. The OWNER shall maintain records the sum of money so advanced, In the event that the actual costs incurred and charged or allocated cost of relocation exceeds the amount of money advanced to the project STATE, in accordance with recognized accounting principles. It is understood and agreed that the OCTA will not pay for any betterment or increase in capacity provisions of OWNER’s facilities in the new location and that this Agreement, OWNER shall give credit xxxxxx agrees to OCTA for the salvage value reimburse STATE said deficient cost upon receipt of any material or parts salvaged and retained or sold by OWNERan itemized bill as set forth herein. Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit detailed itemized progress bills itemized for costs incurred not to exceed OWNER’s recorded costs as of the billing dateless date less estimated credits applicable to completed work. Payment of progress bills not to exceed the amount of this Agreement may be made under the terms of this Agreement. Payment of progress bills which exceed the amount of this Agreement may be made after receipt and approval by OCTA STATE of documentation supporting the cost increase and after an amendment Amendment to this Agreement has been executed by the parties to this Agreement. The OWNER shall submit a final xxxx bill to OCTA the STATE within 360 days after the completion of the work described in Section I above. If OCTA the STATE has not received a final xxxx bill within 360 days after notification of completion of OWNER’s work described in Section I of this Agreement, and OCTA STATE has delivered to OWNER fully executed Director’s Deeds, Consents to Common Use or Joint Use Agreements for OWNER’s facilities (if required), OCTA STATE will provide written notification to OWNER of its intent to close its file within 30 days. OWNER hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned. If OCTA the STATE processes a final xxxx bill for payment more than 360 days after notification of completion of OWNER’s work, payment of the late xxxx bill may be subject to allocation and/or approval by OCTAthe California Transportation Commission. The final billing shall be in the form of an a detailed itemized statement of the total costs charged to the project, less the credits provided for in this Agreement, and less any amounts covered by progress xxxxxxxx. However, OCTA the STATE shall not pay final bills which exceed the estimated cost of this Agreement without documentation of the reason for the increase of said cost from the OWNER and approval of documentation by OCTASTATE. Except, if the final xxxx bill exceeds the OWNER’s estimated costs solely as the result of a revised Notice to Owner as provided for in Section I, a copy of said revised Notice to Owner shall suffice as documentation. In either case, payment of the amount over the estimated cost of this Agreement may be subject to allocation and/or approval by OCTAthe California Transportation Commission. In any event if the final xxxx bill exceeds 125% of the estimated cost of this Agreement, an Amended Agreement shall be executed by the parties to this Agreement prior to the payment of the OWNER’s ’S final xxxxbill. Any and all increases in costs that are the direct result of deviations from the work described in Section I of this Agreement shall have the prior concurrence of OCTASTATE. Detailed records from which the billing is compiled shall be retained by owner the OWNER for a period of three years from the date of the final payment and will be available for audit by OCTA, State and/or Federal auditors. In performing work under this Agreement, OWNER agrees to comply with the Uniform System of Accounts for Public Utilities found at 18 CFR Part CFR, Parts 101, 201, et al., and, to the extent they are applicable to owner OWNER doing work on the project that is the subject of this agreement, the contract cost principles and procedures as set forth in 48 CFR, Chapter 1, Subpart E, Part 31, et seq., 23 CFR, Chapter 1, Part 645, 645 and 2 CFR CFR, Part 200 200, et al. If a subsequent OCTA, State and/or Federal audit determines payments to be unallowable, OWNER agrees to reimburse OCTA AGENCY upon receipt of OCTA AGENCY billing. If OWNER is subject to repayment due to failure by OCTA State/Local Public Agency (LPA) to comply with applicable laws, regulations, and ordinances ordinances, then OCTA State/LPA will ensure that OWNER is compensated for actual cost in performing work under this agreement.

PAYMENT FOR WORK. OCTA The STATE shall pay its share of the actual and necessary cost of the herein described work within 45 days after receipt of five (5) copies of OWNER’s ’S itemized xxxx, bill signed by a responsible official of OWNER’s organization and prepared on OWNER’s letterhead, compiled on the basis of the actual and necessary cost and expense. The OWNER shall maintain records of the actual costs expense incurred and charged or allocated to the project said work in accordance with recognized accounting principlesthe uniform system of accounts prescribed for OWNER by the California Public Utilities Commission, Federal Energy Regulatory Commission or Federal Communications Commission whichever is applicable. It is understood and agreed that the OCTA STATE will not pay for any betterment or increase in capacity of OWNER’s facilities in the new location and that OWNER shall give credit to OCTA the STATE for the “used life” or accrued depreciation of the replaced facilities and for the salvage value of any material or parts salvaged and retained or sold by OWNER. Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit progress bills itemized for costs incurred not to exceed OWNER’s recorded costs cost as of the billing dateless date less estimated credits applicable to completed work. Payment of progress bills not to exceed the amount of this Agreement may be made under the terms of this Agreement. Payment of progress bills which exceed the amount of this Agreement may be made after receipt and approval by OCTA STATE of documentation supporting the cost increase and after an amendment Amendment to this Agreement has been executed by the parties to this Agreement. The OWNER shall submit a final xxxx bill to OCTA the STATE within 360 days after the completion of the work described in Section I 1 above. If OCTA the STATE has not received a final xxxx bill within 360 days after notification of completion of OWNEROwner’s work described in Section I 1 of this Agreement, and OCTA STATE has delivered to OWNER fully executed Director’s Deeds, Consents to Common Use or Joint Use Agreements as required for OWNER’s facilities (if required)facilities, OCTA STATE will provide written notification to OWNER of its intent to close its file within 30 days. days and OWNER hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned. If OCTA the STATE processes a final xxxx bill for payment more than 360 days after notification of completion of OWNER’s work, payment of the late xxxx bill may be subject to allocation and/or approval by OCTAthe California Transportation Commission. The final billing shall be in the form of an itemized statement of the total costs charged to the project, less the credits provided for in this Agreement, and less any amounts covered by progress xxxxxxxx. However, OCTA the STATE shall not pay final bills which exceed the estimated cost of this Agreement without documentation of the reason for the increase of said cost from the OWNER and approval of documentation by OCTASTATE. Except, if the final xxxx bill exceeds the OWNER’s estimated costs solely as the result of a revised Notice to Owner as provided for in Section I1, a copy of said revised Notice to Owner shall suffice as documentation. In either case, payment of the amount over the estimated cost of this Agreement may be subject to allocation and/or approval by OCTAthe California Transportation Commission. In any event if the final xxxx bill exceeds 125% of the estimated cost of this Agreementagreement, an Amended Agreement shall be executed by the parties to this Agreement agreement prior to the payment of the OWNER’s final xxxxbill. Any and all increases in costs that are the direct result of deviations from the work described in Section I of this Agreement shall have the prior concurrence of OCTAthe STATE. Detailed records from which the billing is compiled shall be retained by owner the OWNER for a period of three years from the date of the final payment and will be available for audit by OCTA, State and/or Federal auditors. In performing work under this Agreement, OWNER Owner agrees to comply with the Uniform System of Accounts for Public Utilities found at 18 CFR Part 101, 201, et al., and, to the extent they are applicable to owner doing work on the project that is the subject of this agreement, the contract cost principles Contract Cost Principles and procedures Procedures as set forth in 48 CFR48CFR, Chapter 1, Part 31, et seq., 23 CFR, Chapter 1, Part 645645 and/or 18 CFR, and 2 CFR Part 200 Chapter 1, Parts 101,201, et al. If a subsequent OCTA, State and/or Federal audit determines payments to be unallowable, OWNER agrees to reimburse OCTA STATE upon receipt of OCTA STATE billing. If OWNER is subject to repayment due to failure by OCTA to comply with applicable laws, regulations, and ordinances then OCTA will ensure that OWNER is compensated for actual cost in performing work under this agreement.

PAYMENT FOR WORK. OCTA SBCAG shall pay its share of the actual and necessary cost of the herein described work within 45 days after receipt of OWNER’s 's itemized xxxxxxxx in quintuplicate, signed by a responsible official of OWNER’s 's organization and prepared on OWNER’s 's letterhead, compiled on the basis of the actual and necessary cost and expense. The OWNER shall maintain records of the actual costs incurred and charged or allocated to the project in accordance with recognized accounting principles. It is understood and agreed that the OCTA SBCAG will not pay for any betterment or increase in capacity of OWNER’s 's facilities in the new location and that OWNER shall give credit to OCTA SBCAG for all accrued depreciation on the replaced facilities and for the salvage value of any material or parts salvaged and retained or sold by OWNER. Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit detailed itemized progress bills itemized for costs incurred not to exceed OWNER’s 's recorded costs as of the billing dateless date less estimated credits applicable to completed workwork performed under this Agreement. Payment of progress bills not to exceed the amount of this Agreement may be made under the terms of this Agreement. Payment of progress bills which exceed the amount of this Agreement may be made after receipt and approval by OCTA SBCAG of documentation supporting the cost increase and after an amendment Amendment to this Agreement has been executed by the parties to this Agreement. The OWNER shall submit a final xxxx to OCTA SBCAG within 360 days after the completion of the work described in Section I above. If OCTA SBCAG has not received a final xxxx within 360 days after notification of completion of OWNER’s work described in Section I of this Agreement, and OCTA has delivered to OWNER fully executed Director’s Deeds, Consents to Common Use or Joint Use Agreements for OWNER’s facilities (if required), OCTA SBCAG will provide written notification to OWNER of its intent to close its file within 30 days. OWNER hereby acknowledges, to the extent allowed by law, that at the expiration of that 30-day period all remaining costs will be deemed to have been abandoned. If OCTA SBCAG processes a final xxxx for payment more than 360 days after notification of completion of OWNER’s work, payment of the late xxxx may be subject to allocation and/or approval by OCTAthe California Transportation Commission. The final billing shall be in the form of an a detailed itemized statement of the total costs charged to the project, less the credits provided for in this Agreement, and less any amounts covered by progress xxxxxxxx. However, OCTA SBCAG shall not pay final bills bills, which exceed the estimated cost of this Agreement without documentation of the reason for the increase of said cost from the OWNER and approval of documentation by OCTASBCAG. Except, if the final xxxx exceeds the OWNER’s estimated costs solely as the result of a revised Notice to Owner as provided for in Section I, a copy of said revised Notice to Owner shall suffice as documentation. In either case, payment of the amount over the estimated cost of this Agreement may be subject to allocation and/or approval by OCTAthe California Transportation Commission. In any the event if that the final xxxx exceeds 125% of the estimated cost of this Agreement, an Amended Agreement shall be executed by the parties to this Agreement prior to the payment of the OWNER’s OWNERS final xxxx. Any and all increases in costs that are the direct result of deviations from the work described in Section I of this Agreement shall have the prior concurrence of OCTASBCAG. Detailed records from which the billing is compiled shall be retained by owner the OWNER for a period of three years from the date of the final payment and will be available for audit by OCTA, State and/or Federal auditors. In performing work under this Agreement, OWNER agrees to comply with the Uniform System of Accounts for Public Utilities found at 18 CFR Part CFR, Parts 101, 201, et al., and, to the extent they are applicable to owner OWNER doing work on the project that is the subject of this agreementAgreement, the contract cost principles and procedures as set forth in 48 CFR, Chapter 1, Subpart E, Part 31, et seq., 23 CFR, Chapter 1, Part 645, 645 and 2 CFR CFR, Part 200 200, et al. If a subsequent OCTA, State and/or Federal audit determines payments to be unallowable, OWNER agrees to reimburse OCTA AGENCY upon receipt of OCTA AGENCY billing. If OWNER is subject to repayment due to failure by OCTA State/Local Public Agency (LPA) to comply with applicable laws, regulations, and ordinances ordinances, then OCTA State/LPA will ensure that OWNER is compensated for actual cost in performing work under this agreement.

PAYMENT FOR WORK. OCTA The LOCAL AGENCY shall pay its share of the actual and necessary cost of the herein described work within 45 90 days after receipt of OWNER’s 's itemized xxxxxxxx in quintuplicate, signed by a responsible official of OWNER’s 's organization and prepared on OWNER’s 's letterhead, compiled on the basis of the actual and necessary cost and expense. The OWNER shall maintain records of the actual costs expense incurred and charged or allocated to the project said work in accordance with recognized accounting principlesthe uniform system of accounts prescribed for OWNER by the California Public Utilities Commission (PUC) or Federal Communications Commission (FCC), whichever is applicable. It is understood and agreed that the OCTA LOCAL AGENCY will not pay for any betterment or increase in capacity of OWNER’s 's facilities in the new location and that OWNER shall give credit to OCTA the LOCAL AGENCY for all accrued depreciation on the replaced facilities and for the salvage value of any material or parts salvaged and retained or sold by OWNER. Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit progress bills itemized for costs incurred not to exceed OWNER’s 's recorded costs as of the billing dateless date less estimated credits applicable to completed work. Payment of progress bills not to exceed the amount of this Agreement may be made under the terms of this Agreement. Payment of progress bills which exceed the amount of this Agreement may be made after receipt and approval by OCTA LOCAL AGENCY of documentation supporting the cost increase and after an amendment Amendment to this Agreement has been executed by the parties to this Agreement. The OWNER shall submit a final xxxx to OCTA the LOCAL AGENCY within 360 180 days after the completion of the work described in Section I above. If OCTA the LOCAL AGENCY has not received a final xxxx within 360 180 days after notification of completion of OWNER’s work described in Section I of this Agreement, and OCTA LOCAL AGENCY has delivered to OWNER fully executed Director’s 's Deeds, Consents to Common Use or Joint Use Agreements as required for OWNER’s facilities (if required), OCTA facilities; LOCAL AGENCY will provide written notification to OWNER of its intent to close its file within 30 days. days and OWNER hereby acknowledges, to the extent allowed by law, law that all remaining costs will be deemed to have been abandoned. If OCTA processes a final xxxx for payment more than 360 days after notification of completion of OWNER’s work, payment of the late xxxx may be subject to allocation and/or approval by OCTA. The final billing shall be in the form of an itemized statement of the total costs charged to the project, less the credits provided for in this Agreement, and less any amounts covered by progress xxxxxxxx. However, OCTA the LOCAL AGENCY shall not pay final bills bills, which exceed the estimated cost of this Agreement without documentation of the reason for the increase of said cost from the OWNER and approval of documentation by OCTAOWNER. Except, if If the final xxxx exceeds the OWNER’s estimated costs solely as the result of a revised Notice to Owner as provided for in Section I, a copy of said revised Notice to Owner shall suffice as documentation. In either case, payment of the amount over the estimated cost of this Agreement may be subject to allocation and/or approval by OCTA. In any event if the final xxxx exceeds 125% of the estimated cost of this Agreement, an Amended amended Agreement shall be executed by the parties to this Agreement prior to the payment of the OWNER’s OWNERS final xxxx. Any and all increases in costs that are the direct result of deviations from the work described in Section I of this Agreement shall have the prior concurrence of OCTALOCAL AGENCY. Detailed records from which the billing is compiled shall be retained by owner the OWNER for a period of three years from the date of the final payment and will be available for audit by OCTA, State and/or Federal auditors. In performing work under this Agreement, OWNER agrees to comply in accordance with the Uniform System of Accounts for Public Utilities found at 18 CFR Part 101, 201, et al., and, to the extent they are applicable to owner doing work on the project that is the subject of this agreement, the contract cost principles Contract Cost Principals and procedures Procedures as set forth in 48 CFR, Chapter 1, Part 31, et seq., 23 CFR, Chapter 1, Part 645, and 2 CFR Part 200 et al. If a subsequent OCTA, State 31 by LOCAL AGENCY and/or Federal audit determines payments to be unallowable, OWNER agrees to reimburse OCTA upon receipt of OCTA billing. If OWNER is subject to repayment due to failure by OCTA to comply with applicable laws, regulations, and ordinances then OCTA will ensure that OWNER is compensated for actual cost in performing work under this agreementAuditors.

PAYMENT FOR WORK. OCTA The STATE shall pay its share of the actual and necessary cost of the herein described work within 45 days after receipt of OWNER’s itemized xxxx, signed by a responsible official of OWNER’s organization and prepared on OWNER’s letterhead, compiled on the basis of the actual and necessary cost and expense. The OWNER shall maintain records of the actual costs expense incurred and charged or allocated to the project said work in accordance with recognized accounting principlesthe uniform system of accounts prescribed for OWNER by the California Public Utilities Commission, Federal Energy Regulatory Commission or Federal Communications Commission, whichever is applicable. It is understood and agreed that the OCTA STATE will not pay for any betterment or increase in capacity of OWNER’s facilities in the new location and that OWNER shall give credit to OCTA the STATE for the accrued depreciation of the replaced facilities and for the salvage value of any material or parts salvaged and retained or sold by OWNER. Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit progress bills itemized for costs incurred not to exceed OWNER’s 's recorded costs as of the billing dateless date less estimated credits applicable to completed work. Payment of progress bills not to exceed the amount of this Agreement may be made under the terms of this Agreement. Payment of progress bills which exceed the amount of this Agreement may be made after receipt and approval by OCTA STATE of documentation supporting the cost increase and after an amendment Amendment to this Agreement has been executed by the parties to this Agreement. The OWNER shall submit a final xxxx to OCTA the STATE within 360 days after the completion of the work described in Section I above. If OCTA the STATE has not received a final xxxx within 360 days after notification of completion of OWNER’s Owner's work described in Section I of this Agreement, and OCTA STATE has delivered to OWNER fully executed Director’s 's Deeds, Consents to Common Use or Joint Use Agreements Agreements, if required for OWNER’s facilities (if required)'s facilities, OCTA STATE will provide written notification to OWNER of its intent to close its file within 30 days. days and OWNER hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned. If OCTA the STATE processes a final xxxx for payment more than 360 days after notification of completion of OWNER’s 's work, payment of the late xxxx may be subject to allocation and/or approval by OCTAthe California Transportation Commission. The final billing shall be in the form of an itemized statement of the total costs charged to the project, less the credits provided for in this Agreement, and less any amounts covered by progress xxxxxxxx. However, OCTA the STATE shall not pay final bills which exceed the estimated cost of this Agreement without documentation of the reason for the increase of said cost from the OWNER and approval of documentation by OCTASTATE. Except, if the final xxxx exceeds the OWNER’s 's estimated costs solely as the result of a revised Notice to Owner as provided for in Section I, a copy of said revised Notice to Owner shall suffice as documentation. In either case, payment of the amount over the estimated cost of this Agreement may be subject to allocation and/or approval by OCTAthe California Transportation Commission. In any event if the final xxxx exceeds 125% of the estimated cost of this Agreement, an Amended Agreement shall be executed by the parties to this Agreement prior to the payment of the OWNER’s 's final xxxx. Any and all increases in costs that are the direct result of deviations from the work described in Section I of this Agreement Agreement, shall have the prior concurrence of OCTASTATE. Detailed records from which the billing is compiled shall be retained by owner the OWNER for a period of three years from the date of the final payment and will be available for audit by OCTA, State and/or and or Federal auditors. In performing work under this Agreement, OWNER agrees to comply with the Uniform System of Accounts for Public Utilities found at 18 CFR Part CFR, Parts 101, 201, et al., and, to the extent they are applicable to owner OWNER doing work on the project that is the subject of this agreement, the contract cost principles and procedures as set forth in 48 CFR48CFR, Chapter 1, Part 31, et seq., 23 CFR, Chapter 1, Part 645645 and 2CFR, and 2 CFR Part 200 200, et al. If a subsequent OCTA, State and/or Federal audit determines payments to be unallowable, OWNER agrees to reimburse OCTA AGENCY upon receipt of OCTA AGENCY billing. If OWNER is subject to repayment due to failure by OCTA State/Local Public Agency (LPA) to comply with applicable laws, regulations, and ordinances ordinances, then OCTA State/LPA will ensure that OWNER is compensated for actual cost in performing work under this agreement.

PAYMENT FOR WORK. OCTA The LOCAL AGENCY shall pay its share of the actual and necessary cost of the herein described work within 45 90 days after receipt of OWNER’s 's itemized xxxxbill in quintuplicate, signed by a responsible official of OWNER’s 's organization and prepared on OWNER’s 's letterhead, compiled on the basis of the actual and necessary cost and expense. The OWNER shall maintain records of the actual costs expense incurred and charged or allocated to the project said work in accordance with recognized accounting principlesthe uniform system of accounts prescribed for OWNER by the California Public Utilities Commission (PUC), Federal Energy Regulatory Commission (FERC) or Federal Communications Commission (FCC), whichever is applicable. It is understood and agreed that the OCTA LOCAL AGENCY will not pay for any betterment or increase in capacity of OWNER’s 's facilities in the new location and that OWNER shall give credit to OCTA the LOCAL AGENCY for all accrued depreciation of the replaced facilities and for the salvage value of any material or parts salvaged and retained or sold by OWNER. Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit itemized progress bills itemized for costs incurred not to exceed OWNER’s 's recorded costs as of the billing dateless date less estimated credits applicable to completed work. Payment of progress bills not to exceed the amount of this Agreement may be made under the terms of this Agreement. Payment of progress bills which exceed the amount of this Agreement may be made after receipt and approval by OCTA LOCAL AGENCY of documentation supporting the cost increase and after an amendment Amendment to this Agreement has been executed by the parties to this Agreement. The OWNER shall submit a final xxxx bill to OCTA the LOCAL AGENCY within 360 180 days after the completion of the work described in Section I above. If OCTA the LOCAL AGENCY has not received a final xxxx bill within 360 180 days after notification of completion of OWNER’s work described in Section I of this Agreement, and OCTA LOCAL AGENCY has delivered to OWNER fully executed Director’s 's Deeds, Consents to Common Use or Joint Use Agreements as required for OWNER’s facilities (if required), OCTA facilities; LOCAL AGENCY will provide written notification to OWNER of its intent to close its file within 30 days. OWNER hereby acknowledges, to the extent allowed by law, law that all remaining costs will be deemed to have been abandoned. If OCTA processes a final xxxx for payment more than 360 days after notification of completion of OWNER’s work, payment of the late xxxx may be subject to allocation and/or approval by OCTA. The final billing shall be in the form of an itemized statement of the total costs charged to the project, less the credits provided for in this Agreement, and less any amounts covered by progress xxxxxxxx. However, OCTA the LOCAL AGENCY shall not pay final bills bills, which exceed the estimated cost of this Agreement without documentation of the reason for the increase of said cost from the OWNER and approval of documentation by OCTALOCAL AGENCY. Except, if the final xxxx bill exceeds the OWNER’s estimated costs solely as the result of a revised Notice to Owner as provided for in Section I, a copy of said revised Notice to Owner shall suffice as documentation. In either case, payment of the amount over the estimated cost of this Agreement may be subject to allocation and/or approval by OCTA. In any event if the final xxxx bill exceeds 125% of the estimated cost of this Agreement, an Amended amended Agreement shall be executed by the parties to this Agreement prior to the payment of the OWNER’s final xxxxbill. Any and all increases in costs that are the direct result of deviations from the work described in Section I of this Agreement shall have the prior concurrence of OCTALOCAL AGENCY. Detailed records from which the billing is compiled shall be retained by owner the OWNER for a period of three years from the date of the final payment and will be available for audit in accordance with Contract Cost Principals and Procedures as set forth in 48 CFR, Chapter 1, Subpart E, Part 31 by OCTA, State LOCAL AGENCY and/or Federal auditorsAuditors. In performing work under this Agreement, OWNER agrees to comply with the Uniform System of Accounts for Public Utilities found at 18 CFR Part CFR, Parts 101, 201, et al., and, to the extent they are applicable to owner OWNER doing work on the project that is the subject of this agreement, the contract cost principles and procedures as set forth in 48 CFR, Chapter 1, Part 31, et seq., 23 CFR, Chapter 1, Part 645, 645 and 2 CFR CFR, Part 200 200, et al. If a subsequent OCTA, State and/or Federal audit determines payments to be unallowable, OWNER agrees to reimburse OCTA LOCAL AGENCY upon receipt of OCTA LOCAL AGENCY billing. If OWNER is subject to repayment due to failure by OCTA Local Public Agency (LPA) to comply with applicable laws, regulations, and ordinances ordinances, then OCTA LPA will ensure that OWNER is compensated for actual cost in performing work under this agreement. The OWNER shall pay its share of the actual cost of said work included in the LOCAL AGENCY's highway construction contract within 90 days after receipt of LOCAL AGENCY's bill; compiled on the basis of the actual bid price of said contract. The estimated cost of WORK SCOPE B to OWNER for the work being performed by the LOCAL AGENCY's highway contractor is $50,000. In the event actual final relocation costs as established herein are less than the sum of money advanced by OWNER to LOCAL AGENCY, LOCAL AGENCY hereby agrees to refund to OWNER the difference between said actual cost and the sum of money so advanced. In the event that the actual cost of relocation exceeds the amount of money advanced to LOCAL AGENCY, in accordance with the provisions of this Agreement, OWNER hereby agrees to reimburse LOCAL AGENCY said deficient costs upon receipt of an itemized bill as set forth herein.