Common use of PAYMENT FOR WORK Clause in Contracts

PAYMENT FOR WORK. The PROJECT cost is currently estimated to be for a not to exceed amount of $254,086.58 (See Exhibit B – Engineer’s Estimate which is attached hereto and incorporated herein by reference). The COUNTY, the CITY and the SCHOOL BOARD agree to equally split the costs and expenses relating to the PROJECT reflected on Exhibit B, including but not limited to, the cost of the resurfacing work involved, construction engineering inspection (CEI) and the County’s internal administrative costs. Such payment from the CITY and the SCHOOL BOARD shall become due and payable to the Board of County Commissioners forty-five (45) days after the date of the COUNTY’S initial billing following completion of the Work. The parties further acknowledge that site conditions and/or completed in place construction may make the actual final cost exceed the Project Cost Estimate. The COUNTY will notify the CITY and the SCHOOL BOARD before incurring any additional costs over and above the Project Cost Estimate for any Work within the CITY’S or SCHOOL BOARD boundaries. Upon agreement by the parties, the COUNTY, the CITY and the SCHOOL BOARD shall split the difference in costs based on actual field measurements for any of the Work performed on the Project Area listed on Exhibit A. Upon the request of the CITY or the SCHOOL BOARD, the COUNTY also agrees to submit the following documentation along with the request for reimbursement upon completion of the Project: a. Cover sheet signed by an authorized representative of the School Board with the amount of the reimbursement sought; b. Summary Sheet of all invoices, attached by vendor, with cumulative total; c. All backup invoices with proof of payment (copies of all cancelled checks or wire transfers as applicable) attached to each invoice, and any other documentation specifically required as part of a bid or contract if applicable; d. Copies of vendor agreements that are the subject of the request for reimbursement; e. Copy of written notice of final acceptance by the County confirming that the Work was performed in accordance with the requirements of the County’s Annual Asphalt Contract.

PAYMENT FOR WORK. SBCAG 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 in quintuplicate, 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 PROJECT cost OWNER shall maintain records of the actual costs incurred and charged or allocated to the project in accordance with recognized accounting principles. It is currently estimated understood and agreed that SBCAG 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 be 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 for costs incurred not to exceed OWNER's recorded costs as of the billing date less estimated credits applicable to completed work performed under this Agreement. Payment of progress bills not to exceed the amount of $254,086.58 (See Exhibit B – Engineer’s Estimate this Agreement may be made under the terms of this Agreement. Payment of progress bills which is attached hereto exceed the amount of this Agreement may be made after receipt and incorporated herein approval by reference)SBCAG of documentation supporting the cost increase and after an Amendment to this Agreement has been executed by the parties to this Agreement. The COUNTYOWNER shall submit a final xxxx to SBCAG within 360 days after the completion of the work described in Section I above. If 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, the CITY and the SCHOOL BOARD agree SBCAG will provide written notification to equally split the costs and expenses relating OWNER of its intent to close its file within 30 days. OWNER hereby acknowledges, to the PROJECT reflected on Exhibit Bextent allowed by law, including but that at the expiration of that 30-day period all remaining costs will be deemed to have been abandoned. If 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 the California Transportation Commission. The final billing shall be in the form of 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, SBCAG shall not limited topay final bills, which exceed the estimated cost of this Agreement without documentation of the resurfacing work involved, construction engineering inspection (CEI) and reason for the County’s internal administrative costs. Such payment increase of said cost from the CITY OWNER and approval of documentation by SBCAG. Except, if the SCHOOL BOARD 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 become due and payable 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 the California Transportation Commission. In the event 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 Board payment of County Commissioners forty-five (45) days after the 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 SBCAG. Detailed records from which the billing is compiled shall be retained by the OWNER for a period of three years from the date of the COUNTY’S initial billing following completion final payment and will be available for audit by 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, Parts 101, 201, et al., to the Work. The parties further acknowledge that site conditions and/or completed in place construction may make the actual final cost exceed the Project Cost Estimate. The COUNTY will notify the CITY and the SCHOOL BOARD before incurring any additional costs over and above the Project Cost Estimate for any Work within the CITY’S or SCHOOL BOARD boundaries. Upon agreement by the parties, the COUNTY, the CITY and the SCHOOL BOARD shall split the difference in costs based on actual field measurements for any of the Work performed extent they are applicable to OWNER doing work on the Project Area listed on Exhibit A. Upon the request of the CITY or the SCHOOL BOARD, the COUNTY also agrees to submit the following documentation along with the request for reimbursement upon completion of the Project: a. Cover sheet signed by an authorized representative of the School Board with the amount of the reimbursement sought; b. Summary Sheet of all invoices, attached by vendor, with cumulative total; c. All backup invoices with proof of payment (copies of all cancelled checks or wire transfers as applicable) attached to each invoice, and any other documentation specifically required as part of a bid or contract if applicable; d. Copies of vendor agreements project that are is the subject of this Agreement, the request 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 and 2 CFR, Part 200, et al. If a subsequent State and/or Federal audit determines payments to be unallowable, OWNER agrees to reimburse AGENCY upon receipt of AGENCY billing. If OWNER is subject to repayment due to failure by State/Local Public Agency (LPA) to comply with applicable laws, regulations, and ordinances, then State/LPA will ensure that OWNER is compensated for reimbursement; e. Copy of written notice of final acceptance by the County confirming that the Work was performed actual cost in accordance with the requirements of the County’s Annual Asphalt Contractperforming work under this agreement.

PAYMENT FOR WORK. The PROJECT 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 incurred and charged or allocated to said work in accordance with the uniform system of accounts prescribed for OWNER by the California Public Utilities Commission, Federal Energy Regulatory Commission or Federal Communications Commission, whichever is currently estimated applicable. It is understood and agreed that the 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 be 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 for costs incurred not to exceed OWNER's recorded costs as of the billing date less estimated credits applicable to completed work. Payment of progress bills not to exceed the amount of $254,086.58 (See Exhibit B – Engineer’s Estimate this Agreement may be made under the terms of this Agreement. Payment of progress bills which is attached hereto exceed the amount of this Agreement may be made after receipt and incorporated herein approval by reference)STATE of documentation supporting the cost increase and after an Amendment to this Agreement has been executed by the parties to this Agreement. The COUNTYOWNER shall submit a final xxxx to the STATE within 360 days after the completion of the work described in Section I above. If the STATE 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 STATE has delivered to OWNER fully executed Director's Deeds, Consents to Common Use or Joint Use Agreements, if required for OWNER's facilities, STATE will provide written notification to OWNER of its intent to close its file within 30 days and OWNER hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned. If the STATE 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 the 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, the CITY 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 STATE. Except, if the SCHOOL BOARD agree final xxxx exceeds the OWNER's estimated costs solely as the result of a revised Notice to equally split 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 costs and expenses relating amount over the estimated cost of this Agreement may be subject to allocation and/or approval by the 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 PROJECT reflected on Exhibit B, including but not limited to, the cost payment of the resurfacing work involved, construction engineering inspection (CEI) OWNER's final xxxx. Any and all increases in costs that are the County’s internal administrative costs. Such payment direct result of deviations from the CITY and work described in Section I of this Agreement, shall have the SCHOOL BOARD prior concurrence of STATE. Detailed records from which the billing is compiled shall become due and payable to be retained by the Board OWNER for a period of County Commissioners forty-five (45) days after three years from the date of the COUNTY’S initial billing following completion of final payment and will be available for audit by State and or Federal auditors. In performing work under this Agreement, OWNER agrees to comply with the Work. The parties further acknowledge that site conditions and/or completed in place construction may make Uniform System Accounts for Public Utilities found at 18 CFR, Parts 101, 201, et al., to the actual final cost exceed the Project Cost Estimate. The COUNTY will notify the CITY and the SCHOOL BOARD before incurring any additional costs over and above the Project Cost Estimate for any Work within the CITY’S or SCHOOL BOARD boundaries. Upon agreement by the parties, the COUNTY, the CITY and the SCHOOL BOARD shall split the difference in costs based on actual field measurements for any of the Work performed extent they are applicable to OWNER doing work on the Project Area listed on Exhibit A. Upon the request of the CITY or the SCHOOL BOARD, the COUNTY also agrees to submit the following documentation along with the request for reimbursement upon completion of the Project: a. Cover sheet signed by an authorized representative of the School Board with the amount of the reimbursement sought; b. Summary Sheet of all invoices, attached by vendor, with cumulative total; c. All backup invoices with proof of payment (copies of all cancelled checks or wire transfers as applicable) attached to each invoice, and any other documentation specifically required as part of a bid or contract if applicable; d. Copies of vendor agreements project that are is the subject of this agreement, the request contract cost principles and procedures as set forth in 48CFR, Chapter 1, Part 31, et seq., 23 CFR, Chapter 1, Part 645 and 2CFR, Part 200, et al. If a subsequent State and/or Federal audit determines payments to be unallowable, OWNER agrees to reimburse AGENCY upon receipt of AGENCY billing. If OWNER is subject to repayment due to failure by State/Local Public Agency (LPA) to comply with applicable laws, regulations, and ordinances, then State/LPA will ensure that OWNER is compensated for reimbursement; e. Copy of written notice of final acceptance by the County confirming that the Work was performed actual cost in accordance with the requirements of the County’s Annual Asphalt Contractperforming work under this agreement.

PAYMENT FOR WORK. The PROJECT LOCAL AGENCY shall pay its share of the actual cost of the herein described work within 90 days after receipt of OWNER's itemized xxxx in quintuplicate, signed by a responsible official of OWNER's organization and prepared on OWNER's letterhead, compiled on the basis of the actual cost and expense incurred and charged or allocated to said work in accordance with the uniform system of accounts prescribed for OWNER by the California Public Utilities Commission (PUC) or Federal Communications Commission (FCC), whichever is currently estimated applicable. It is understood and agreed that the LOCAL AGENCY 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 be 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 for costs incurred not to exceed OWNER's recorded costs as of the billing date less estimated credits applicable to completed work. Payment of progress bills not to exceed the amount of $254,086.58 (See Exhibit B – Engineer’s Estimate this Agreement may be made under the terms of this Agreement. Payment of progress bills which is attached hereto exceed the amount of this Agreement may be made after receipt and incorporated herein approval by reference)LOCAL AGENCY of documentation supporting the cost increase and after an Amendment to this Agreement has been executed by the parties to this Agreement. The COUNTYOWNER shall submit a final xxxx to the LOCAL AGENCY within 180 days after the completion of the work described in Section I above. If the LOCAL AGENCY has not received a final xxxx within 180 days after notification of completion of OWNER’s work described in Section I of this Agreement, and LOCAL AGENCY has delivered to OWNER fully executed Director's Deeds, Consents to Common Use or Joint Use Agreements as required for OWNER’s facilities; LOCAL AGENCY will provide written notification to OWNER of its intent to close its file within 30 days and OWNER hereby acknowledges, to the extent allowed by law that all remaining costs will be deemed to have been abandoned. 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, the CITY and LOCAL AGENCY shall not pay final bills, which exceed the SCHOOL BOARD agree estimated cost of this Agreement without documentation of the reason for the increase of said cost from the OWNER. If the final xxxx exceeds the OWNER’s estimated costs solely as the result of a revised Notice to equally split Owner as provided for in Section I, a copy of said revised Notice to Owner shall suffice as documentation. In any event if the costs and expenses relating 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 PROJECT reflected on Exhibit B, including but not limited to, the cost payment of the resurfacing work involved, construction engineering inspection (CEI) OWNERS final xxxx. Any and all increases in costs that are the County’s internal administrative costs. Such payment direct result of deviations from the CITY and work described in Section I of this Agreement shall have the SCHOOL BOARD prior concurrence of LOCAL AGENCY. Detailed records from which the billing is compiled shall become due and payable to be retained by the Board OWNER for a period of County Commissioners forty-five (45) days after three years from the date of the COUNTY’S initial billing following completion of the Work. The parties further acknowledge that site conditions and/or completed in place construction may make the actual final cost exceed the Project Cost Estimate. The COUNTY payment and will notify the CITY and the SCHOOL BOARD before incurring any additional costs over and above the Project Cost Estimate be available for any Work within the CITY’S or SCHOOL BOARD boundaries. Upon agreement by the parties, the COUNTY, the CITY and the SCHOOL BOARD shall split the difference in costs based on actual field measurements for any of the Work performed on the Project Area listed on Exhibit A. Upon the request of the CITY or the SCHOOL BOARD, the COUNTY also agrees to submit the following documentation along with the request for reimbursement upon completion of the Project: a. Cover sheet signed by an authorized representative of the School Board with the amount of the reimbursement sought; b. Summary Sheet of all invoices, attached by vendor, with cumulative total; c. All backup invoices with proof of payment (copies of all cancelled checks or wire transfers as applicable) attached to each invoice, and any other documentation specifically required as part of a bid or contract if applicable; d. Copies of vendor agreements that are the subject of the request for reimbursement; e. Copy of written notice of final acceptance by the County confirming that the Work was performed audit in accordance with the requirements of the County’s Annual Asphalt ContractContract Cost Principals and Procedures as set forth in 48 CFR, Chapter 1, Part 31 by LOCAL AGENCY and/or Federal Auditors.

PAYMENT FOR WORK. The PROJECT OWNER shall pay its share of the actual cost of said work included in the STATE's highway construction contract within 45 days after receipt of STATE's bill, compiled on the basis of the actual bid price of said contract. The estimated cost to OWNER for the work being performed by the STATE's highway contractor is currently estimated $43,300.00. In the event actual final relocation costs as established herein are less than the sum of money advanced by OWNER to be STATE, STATE 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 STATE, in accordance with the provisions of this Agreement, OWNER xxxxxx agrees to reimburse STATE said deficient cost upon receipt of an 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 for a costs incurred not to exceed OWNER’s recorded costs as of the billing date less estimated credits applicable to completed work. Payment of progress bills not to exceed the amount of $254,086.58 (See Exhibit B – Engineer’s Estimate this Agreement may be made under the terms of this Agreement. Payment of progress bills which is attached hereto exceed the amount of this Agreement may be made after receipt and incorporated herein approval by reference)STATE of documentation supporting the cost increase and after an Amendment to this Agreement has been executed by the parties to this Agreement. The COUNTYOWNER shall submit a final bill to the STATE within 360 days after the completion of the work described in Section I above. If the STATE has not received a final bill within 360 days after notification of completion of OWNER’s work described in Section I of this Agreement, and STATE has delivered to OWNER fully executed Director’s Deeds, Consents to Common Use or Joint Use Agreements for OWNER’s facilities (if required), 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 the STATE processes a final bill for payment more than 360 days after notification of completion of OWNER’s work, payment of the late bill may be subject to allocation and/or approval by the California Transportation Commission. The final billing shall be in the form of 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, the CITY 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 STATE. Except, if the SCHOOL BOARD agree final bill exceeds the OWNER’s estimated costs solely as the result of a revised Notice to equally split 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 costs and expenses relating amount over the estimated cost of this Agreement may be subject to allocation and/or approval by the California Transportation Commission. In any event if the final 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 PROJECT reflected on Exhibit B, including but not limited to, the cost payment of the resurfacing work involved, construction engineering inspection (CEI) OWNER’S final bill. Any and all increases in costs that are the County’s internal administrative costs. Such payment direct result of deviations from the CITY and work described in Section I of this Agreement shall have the SCHOOL BOARD prior concurrence of STATE. Detailed records from which the billing is compiled shall become due and payable to be retained by the Board OWNER for a period of County Commissioners forty-five (45) days after three years from the date of the COUNTY’S initial billing following completion final payment and will be available for audit by 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, Parts 101, 201, et al., to the Work. The parties further acknowledge that site conditions and/or completed in place construction may make the actual final cost exceed the Project Cost Estimate. The COUNTY will notify the CITY and the SCHOOL BOARD before incurring any additional costs over and above the Project Cost Estimate for any Work within the CITY’S or SCHOOL BOARD boundaries. Upon agreement by the parties, the COUNTY, the CITY and the SCHOOL BOARD shall split the difference in costs based on actual field measurements for any of the Work performed extent they are applicable to OWNER doing work on the Project Area listed on Exhibit A. Upon the request of the CITY or the SCHOOL BOARD, the COUNTY also agrees to submit the following documentation along with the request for reimbursement upon completion of the Project: a. Cover sheet signed by an authorized representative of the School Board with the amount of the reimbursement sought; b. Summary Sheet of all invoices, attached by vendor, with cumulative total; c. All backup invoices with proof of payment (copies of all cancelled checks or wire transfers as applicable) attached to each invoice, and any other documentation specifically required as part of a bid or contract if applicable; d. Copies of vendor agreements project that are is the subject of this agreement, the request 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 and 2 CFR, Part 200, et al. If a subsequent State and/or Federal audit determines payments to be unallowable, OWNER agrees to reimburse AGENCY upon receipt of AGENCY billing. If OWNER is subject to repayment due to failure by State/Local Public Agency (LPA) to comply with applicable laws, regulations, and ordinances, then State/LPA will ensure that OWNER is compensated for reimbursement; e. Copy of written notice of final acceptance by the County confirming that the Work was performed actual cost in accordance with the requirements of the County’s Annual Asphalt Contractperforming work under this agreement.

PAYMENT FOR WORK. The PROJECT LOCAL AGENCY shall pay its share of the actual and necessary cost of the herein described work within 90 days after receipt of OWNER's itemized bill in quintuplicate, 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 incurred and charged or allocated to said work in accordance with the 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 currently estimated applicable. It is understood and agreed that the LOCAL AGENCY 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 be 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 for costs incurred not to exceed OWNER's recorded costs as of the billing date less estimated credits applicable to completed work. Payment of progress bills not to exceed the amount of $254,086.58 (See Exhibit B – Engineer’s Estimate this Agreement may be made under the terms of this Agreement. Payment of progress bills which is attached hereto exceed the amount of this Agreement may be made after receipt and incorporated herein approval by reference)LOCAL AGENCY of documentation supporting the cost increase and after an Amendment to this Agreement has been executed by the parties to this Agreement. The COUNTYOWNER shall submit a final bill to the LOCAL AGENCY within 180 days after the completion of the work described in Section I above. If the LOCAL AGENCY has not received a final bill within 180 days after notification of completion of OWNER’s work described in Section I of this Agreement, and LOCAL AGENCY has delivered to OWNER fully executed Director's Deeds, Consents to Common Use or Joint Use Agreements as required for OWNER’s 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 that all remaining costs will be deemed to have been abandoned. 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, the CITY LOCAL AGENCY 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 LOCAL AGENCY. Except, if the SCHOOL BOARD agree final bill exceeds the OWNER’s estimated costs solely as the result of a revised Notice to equally split Owner as provided for in Section I, a copy of said revised Notice to Owner shall suffice as documentation. In any event if the costs and expenses relating final 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 PROJECT reflected on Exhibit B, including but not limited to, the cost payment of the resurfacing work involved, construction engineering inspection (CEI) OWNER’s final bill. Any and all increases in costs that are the County’s internal administrative costs. Such payment direct result of deviations from the CITY and work described in Section I of this Agreement shall have the SCHOOL BOARD prior concurrence of LOCAL AGENCY. Detailed records from which the billing is compiled shall become due and payable to be retained by the Board OWNER for a period of County Commissioners forty-five (45) days after three years from the date of the COUNTY’S initial billing following completion 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 LOCAL AGENCY 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, Parts 101, 201, et al., 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 State and/or Federal audit determines payments to be unallowable, OWNER agrees to reimburse LOCAL AGENCY upon receipt of LOCAL AGENCY billing. If OWNER is subject to repayment due to failure by Local Public Agency (LPA) to comply with applicable laws, regulations, and ordinances, then LPA will ensure that OWNER is compensated for actual cost in performing work under this agreement. The OWNER shall pay its share of the Workactual 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 parties further acknowledge 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 site conditions and/or completed in place construction may make the actual final cost exceed the Project Cost Estimate. The COUNTY will notify the CITY and the SCHOOL BOARD before incurring any additional costs over and above the Project Cost Estimate for any Work within the CITY’S or SCHOOL BOARD boundaries. Upon agreement by the parties, the COUNTY, the CITY and the SCHOOL BOARD shall split the difference in costs based on actual field measurements for any of the Work performed on the Project Area listed on Exhibit A. Upon the request of the CITY or the SCHOOL BOARD, the COUNTY also agrees to submit the following documentation along with the request for reimbursement upon completion of the Project: a. Cover sheet signed by an authorized representative of the School Board with relocation exceeds the amount of the reimbursement sought; b. Summary Sheet of all invoicesmoney advanced to LOCAL AGENCY, attached by vendor, with cumulative total; c. All backup invoices with proof of payment (copies of all cancelled checks or wire transfers as applicable) attached to each invoice, and any other documentation specifically required as part of a bid or contract if applicable; d. Copies of vendor agreements that are the subject of the request for reimbursement; e. Copy of written notice of final acceptance by the County confirming that the Work was performed in accordance with the requirements provisions of the County’s Annual Asphalt Contractthis Agreement, OWNER hereby agrees to reimburse LOCAL AGENCY said deficient costs upon receipt of an itemized bill as set forth herein.

PAYMENT FOR WORK. The PROJECT OWNER shall pay its share of the actual cost of said work included in the STATE’s highway construction contract within 45 days after receipt of STATE’s xxxx, compiled on the basis of the actual bid price of said contract. The estimated cost to OWNER for the work being performed by the STATE’s highway contractor is currently estimated $679,000. In the event actual final relocation costs as established herein are less than the sum of money advanced by OWNER to be STATE, STATE 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 STATE, in accordance with the provisions of this Agreement, OWNER hereby agrees to reimburse STATE said deficient costs upon receipt of an itemized xxxx as set forth herein. Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit progress bills for a costs incurred not to exceed OWNER's recorded costs as of the billing date less estimated credits applicable to completed work. Payment of progress bills not to exceed the amount of $254,086.58 (See Exhibit B – Engineer’s Estimate this Agreement may be made under the terms of this Agreement. Payment of progress bills which is attached hereto exceed the amount of this Agreement may be made after receipt and incorporated herein approval by reference)STATE of documentation supporting the cost increase and after an Amendment to this Agreement has been executed by the parties to this Agreement. The COUNTYOWNER shall submit a final xxxx to the STATE within 360 days after the completion of the work described in Section I above. If the STATE 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 STATE has delivered to OWNER fully executed Director's Deeds, Consents to Common Use or Joint Use Agreements, if required for OWNER's facilities, STATE will provide written notification to OWNER of its intent to close its file within 30 days and OWNER hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned. If the STATE 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 the 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, the CITY 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 STATE. Except, if the SCHOOL BOARD agree final xxxx exceeds the OWNER's estimated costs solely as the result of a revised Notice to equally split 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 costs and expenses relating amount over the estimated cost of this Agreement may be subject to allocation and/or approval by the 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 PROJECT reflected on Exhibit B, including but not limited to, the cost payment of the resurfacing work involved, construction engineering inspection (CEI) OWNER's final xxxx. Any and all increases in costs that are the County’s internal administrative costs. Such payment direct result of deviations from the CITY and work described in Section I of this Agreement, shall have the SCHOOL BOARD prior concurrence of STATE. Detailed records from which the billing is compiled shall become due and payable to be retained by the Board OWNER for a period of County Commissioners forty-five (45) days after three years from the date of the COUNTY’S initial billing following completion of final payment and will be available for audit by State and or Federal auditors. In performing work under this Agreement, OWNER agrees to comply with the Work. The parties further acknowledge that site conditions and/or completed in place construction may make Uniform System Accounts for Public Utilities found at 18 CFR, Parts 101, 201, et al., to the actual final cost exceed the Project Cost Estimate. The COUNTY will notify the CITY and the SCHOOL BOARD before incurring any additional costs over and above the Project Cost Estimate for any Work within the CITY’S or SCHOOL BOARD boundaries. Upon agreement by the parties, the COUNTY, the CITY and the SCHOOL BOARD shall split the difference in costs based on actual field measurements for any of the Work performed extent they are applicable to OWNER doing work on the Project Area listed on Exhibit A. Upon the request of the CITY or the SCHOOL BOARD, the COUNTY also agrees to submit the following documentation along with the request for reimbursement upon completion of the Project: a. Cover sheet signed by an authorized representative of the School Board with the amount of the reimbursement sought; b. Summary Sheet of all invoices, attached by vendor, with cumulative total; c. All backup invoices with proof of payment (copies of all cancelled checks or wire transfers as applicable) attached to each invoice, and any other documentation specifically required as part of a bid or contract if applicable; d. Copies of vendor agreements project that are is the subject of this agreement, the request contract cost principles and procedures as set forth in 48CFR, Chapter 1, Part 31, et seq., 23 CFR, Chapter 1, Part 645 and 2CFR, Part 200, et al. If a subsequent State and/or Federal audit determines payments to be unallowable, OWNER agrees to reimburse AGENCY upon receipt of AGENCY billing. If OWNER is subject to repayment due to failure by State/Local Public Agency (LPA) to comply with applicable laws, regulations, and ordinances, then State/LPA will ensure that OWNER is compensated for reimbursement; e. Copy of written notice of final acceptance by the County confirming that the Work was performed actual cost in accordance with the requirements of the County’s Annual Asphalt Contractperforming work under this agreement.

PAYMENT FOR WORK. The PROJECT 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 itemized 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 incurred and charged or allocated to said work in accordance with the uniform system of accounts prescribed for OWNER by the California Public Utilities Commission, Federal Energy Regulatory Commission or Federal Communications Commission whichever is currently estimated applicable. It is understood and agreed that the 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 be 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 for costs incurred not to exceed OWNER’s recorded cost as of the billing date less estimated credits applicable to completed work. Payment of progress bills not to exceed the amount of $254,086.58 (See Exhibit B – Engineer’s Estimate this Agreement may be made under the terms of this Agreement. Payment of progress bills which is attached hereto exceed the amount of this Agreement may be made after receipt and incorporated herein approval by reference)STATE of documentation supporting the cost increase and after an Amendment to this Agreement has been executed by the parties to this Agreement. The COUNTYOWNER shall submit a final bill to the STATE within 360 days after the completion of the work described in Section 1 above. If the STATE has not received a final bill within 360 days after notification of completion of Owner’s work described in Section 1 of this Agreement, and STATE has delivered to OWNER fully executed Director’s Deeds, Consents to Common Use or Joint Use Agreements as required for OWNER’s facilities, STATE will provide written notification to OWNER of its intent to close its file within 30 days and OWNER hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned. If the STATE processes a final bill for payment more than 360 days after notification of completion of OWNER’s work, payment of the late bill may be subject to allocation and/or approval by the 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, the CITY 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 STATE. Except, if the SCHOOL BOARD agree final bill exceeds the OWNER’s estimated costs solely as the result of a revised Notice to equally split Owner as provided for in Section 1, a copy of said revised Notice to Owner shall suffice as documentation. In either case, payment of the costs and expenses relating amount over the estimated cost of this Agreement may be subject to allocation and/or approval by the California Transportation Commission. In any event if the final 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 PROJECT reflected on Exhibit B, including but not limited to, the cost payment of the resurfacing work involved, construction engineering inspection (CEI) OWNER’s final bill. Any and all increases in costs that are the County’s internal administrative costs. Such payment direct result of deviations from the CITY and work described in Section I of this Agreement shall have prior concurrence of the SCHOOL BOARD STATE. Detailed records from which the billing is compiled shall become due and payable to be retained by the Board OWNER for a period of County Commissioners forty-five (45) days after three years from the date of the COUNTY’S initial billing following completion of the Workfinal payment and will be available for audit by State and/or Federal auditors. The parties further acknowledge that site conditions and/or completed in place construction may make the actual final cost exceed the Project Cost Estimate. The COUNTY will notify the CITY and the SCHOOL BOARD before incurring any additional costs over and above the Project Cost Estimate for any Work within the CITY’S or SCHOOL BOARD boundaries. Upon agreement by the parties, the COUNTY, the CITY and the SCHOOL BOARD shall split the difference in costs based on actual field measurements for any of the Work performed on the Project Area listed on Exhibit A. Upon the request of the CITY or the SCHOOL BOARD, the COUNTY also Owner agrees to submit the following documentation along comply with the request for reimbursement Contract Cost Principles and Procedures as set forth in 48CFR, Chapter 1, Part 31, et seq., 23 CFR, Chapter 1, Part 645 and/or 18 CFR, Chapter 1, Parts 101,201, et al. If a subsequent State and/or Federal audit determines payments to be unallowable, OWNER agrees to reimburse STATE upon completion receipt of the Project: a. Cover sheet signed by an authorized representative of the School Board with the amount of the reimbursement sought; b. Summary Sheet of all invoices, attached by vendor, with cumulative total; c. All backup invoices with proof of payment (copies of all cancelled checks or wire transfers as applicable) attached to each invoice, and any other documentation specifically required as part of a bid or contract if applicable; d. Copies of vendor agreements that are the subject of the request for reimbursement; e. Copy of written notice of final acceptance by the County confirming that the Work was performed in accordance with the requirements of the County’s Annual Asphalt ContractSTATE billing.