Agmt 2002 Alameda County Transportation Improvement Authority ACTIA (3)

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ACTIA 2002 -26 (3) Should the SPONSOR fail to refund all moneys due ACTIA as provided herein or should SPONSOR breach this AGREEMENT by failing to complete a project, then, within 30 days of demand or within such other period as may be agreed to in writing between the parties hereto, ACTIA may withhold or demand a transfer of an amount equal to the amount owed to ACTIA from future apportionment, or any other funds due SPONSOR from Measure B funds and/or may withhold approval of future Measure B sponsored projects. (4) ACTIA participation shall be limited to the sales tax funding amount indicated in the PLAN, as escalated based on the California Highway Construction Cost Index (CHCCI) from 97/98 to the fiscal year funds are expended on PROJECTS (ACTIA participation). Where more than ACTIA funds are required to complete the PROJECTS, SPONSOR shall secure additional funding. In the event that SPONSOR cannot secure additional funding, and /or the scope of the PROJECTS cannot be reduced to meet the available funds and still conform to the PLAN requirements, or where the SPONSOR does not meet the delivery schedule and a project is removed from the PLAN, SPONSOR and ACTIA agree to share expenditures of eligible costs to date as shown in EXHIBIT "D ", Appendix C, "Policy Regarding ACTIA Funds Spent or Allocated to Projects that are Later Removed from the Plan ". (5) That if a Scope PI -IASE is necessary, a Letter Agreement detailing the tasks necessary to determine the scope and funding requirements of the PROJECTS will be executed by ACTIA and SPONSOR. Eligible Costs expended on the Scope PHASE of the PROJECTS shall be considered reimbursable costs and may be paid for in total by ACTIA funds. Reimbursement of such funds is generally limited to no more than 10% of the ACTIA participation. (6) The SPONSOR may invoice ACTIA monthly as eligible work proceeds. Invoices shall include only eligible costs as described in EXHIBIT "D ", Appendix A, "Policy on Eligible Costs". Environmental, engineering, construction and right -of -way work will be invoiced on a reimbursable basis for all PROJECTS. All funds advanced by SPONSOR shall be accounted for by invoices detailing services performed and payments made, which shall conform to the invoice format shown in EXHIBIT "C ", Appendix A, "Request for Reimbursement ". Approval of invoices will be contingent on the submittal of Progress Reports herein detailed and shown in EXHIBIT "C ", Appendix B, "Project Progress Reports ". In the event that said Project Progress Final 5/16/02 Page 11