Common use of PAYMENT FOR WORK Clause in Contracts

PAYMENT FOR WORK. 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 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 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 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 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 STATE 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 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 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 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 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 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 STATE. 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 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 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 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 actual cost in performing work under this agreement.

Appears in 1 contract

Samples: Utility Agreement

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PAYMENT FOR WORK. The STATE 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 expense. The OWNER shall maintain records of the actual costs incurred and charged or allocated to said work the project 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 applicablerecognized accounting principles. It is understood and agreed that the STATE 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 the STATE SBCAG for the all accrued depreciation of 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 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 STATE SBCAG 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 the STATE SBCAG within 360 days after the completion of the work described in Section I above. If the STATE SBCAG 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 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 SBCAG will provide written notification to OWNER of its intent to close its file within 30 days and 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 the STATE SBCAG 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 the 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, the STATE 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 STATESBCAG. 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 the 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, Agreement shall have the prior concurrence of STATESBCAG. 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 final payment and will be available for audit by 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, Parts 101, 201, et al., to the extent they are applicable to OWNER doing work on the project that is the subject of this agreementAgreement, the contract cost principles and procedures as set forth in 48CFR48 CFR, Chapter 1, Subpart E, Part 31, et seq., 23 CFR, Chapter 1, Part 645 and 2CFR2 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 actual cost in performing work under this agreement.

Appears in 1 contract

Samples: Utility Agreement

PAYMENT FOR WORK. 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 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, Commission whichever is 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 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 ’s recorded costs cost as of the billing 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 STATE 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 bill to the STATE within 360 days after the completion of the work described in Section I 1 above. If the STATE has not received a final xxxx bill within 360 days after notification of completion of Owner's ’s work described in Section I 1 of this Agreement, and STATE has delivered to OWNER fully executed Director's ’s Deeds, Consents to Common Use or Joint Use Agreements, if Agreements as required for OWNER's ’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 bill for payment more than 360 days after notification of completion of OWNER's ’s work, payment of the late xxxx 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 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 final xxxx bill exceeds the OWNER's ’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 the 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 ’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, Agreement shall have the prior concurrence of the STATE. 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 final payment and will be available for audit by State and or and/or Federal auditors. In performing work under this Agreement, OWNER Owner agrees to comply with the Uniform System 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 Contract Cost Principles and procedures Procedures as set forth in 48CFR, Chapter 1, Part 31, et seq., 23 CFR, Chapter 1, Part 645 and 2CFRand/or 18 CFR, Part 200Chapter 1, Parts 101,201, et al. If a subsequent State and/or Federal audit determines payments to be unallowable, OWNER agrees to reimburse AGENCY STATE upon receipt of AGENCY STATE 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 actual cost in performing work under this agreement.

Appears in 1 contract

Samples: file.lacounty.gov

PAYMENT FOR WORK. The STATE 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 expense. The OWNER shall maintain records of the actual costs incurred and charged or allocated to said work the project 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 applicablerecognized accounting principles. It is understood and agreed that the STATE 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 the STATE for the accrued depreciation of the replaced facilities and 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 ’s recorded costs as of the billing date less 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 STATE OCTA 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 the STATE OCTA within 360 days after the completion of the work described in Section I above. If the STATE OCTA 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 STATE OCTA has delivered to OWNER fully executed Director's ’s Deeds, Consents to Common Use or Joint Use Agreements, if required Agreements for OWNER's facilities’s facilities (if required), STATE OCTA will provide written notification to OWNER of its intent to close its file within 30 days and days. OWNER hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned. If the STATE OCTA 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 the California Transportation CommissionOCTA. 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 STATE 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 STATEOCTA. 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 the California Transportation CommissionOCTA. 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 STATEOCTA. Detailed records from which the billing is compiled shall be retained by the OWNER 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, Parts CFR Part 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 48CFR48 CFR, Chapter 1, Part 31, et seq., 23 CFR, Chapter 1, Part 645 645, and 2CFR, 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 AGENCY OCTA upon receipt of AGENCY OCTA billing. If OWNER is subject to repayment due to failure by State/Local Public Agency (LPA) OCTA to comply with applicable laws, regulations, and ordinances, ordinances then State/LPA OCTA will ensure that OWNER is compensated for actual cost in performing work under this agreement.

Appears in 1 contract

Samples: Authority Utility Agreement

PAYMENT FOR WORK. The STATE 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 expense. The OWNER shall maintain records of the actual costs incurred and charged or allocated to said work the project 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 applicablerecognized accounting principles. It is understood and agreed that the STATE 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 the STATE 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 ’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 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 STATE OCTA 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 the STATE OCTA within 360 days after the completion of the work described in Section I above. If the STATE OCTA 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 STATE OCTA has delivered to OWNER fully executed Director's ’s Deeds, Consents to Common Use or Joint Use Agreements, if required Agreements for OWNER's facilities’s facilities (if required), STATE OCTA will provide written notification to OWNER of its intent to close its file within 30 days and days. OWNER hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned. If the STATE OCTA 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 the California Transportation CommissionOCTA. 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 STATE 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 STATEOCTA. 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 the California Transportation CommissionOCTA. 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 STATEOCTA. Detailed records from which the billing is compiled shall be retained by the OWNER 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, Parts CFR Part 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 48CFR48 CFR, Chapter 1, Part 31, et seq., 23 CFR, Chapter 1, Part 645 645, and 2CFR, 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 AGENCY OCTA upon receipt of AGENCY OCTA billing. If OWNER is subject to repayment due to failure by State/Local Public Agency (LPA) OCTA to comply with applicable laws, regulations, and ordinances, ordinances then State/LPA OCTA will ensure that OWNER is compensated for actual cost in performing work under this agreement.

Appears in 1 contract

Samples: Authority Utility Agreement

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PAYMENT FOR WORK. The STATE 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 expense incurred and charged or allocated the sum of money so advanced. In the event that the actual cost of relocation exceeds the amount of money advanced to said work STATE, in accordance with the uniform system provisions of accounts prescribed for this Agreement, 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 hereby agrees to reimburse STATE will not pay for any betterment or increase in capacity said deficient costs upon receipt of OWNER’s facilities in the new location and that OWNER shall give credit to 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 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 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 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 STATE 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 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 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 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 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 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 STATE. 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 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 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 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 actual cost in performing work under this agreement.

Appears in 1 contract

Samples: Utility Agreement

PAYMENT FOR WORK. The STATE 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 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 (PUC) or Federal Communications CommissionCommission (FCC), whichever is applicable. It is understood and agreed that the STATE 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 the STATE LOCAL AGENCY for the all accrued depreciation of 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 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 STATE 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 OWNER shall submit a final xxxx to the STATE LOCAL AGENCY within 360 180 days after the completion of the work described in Section I above. If the STATE LOCAL AGENCY has not received a final xxxx within 360 180 days after notification of completion of Owner's OWNER’s work described in Section I of this Agreement, and STATE LOCAL AGENCY has delivered to OWNER fully executed Director's Deeds, Consents to Common Use or Joint Use Agreements, if Agreements as required for OWNER's ’s facilities, STATE ; 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, 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 STATE 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 STATEOWNER. Except, if 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 the California Transportation Commission. 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, Agreement shall have the prior concurrence of STATELOCAL AGENCY. 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 final payment and will be available for audit by State in accordance with Contract Cost Principals and or Federal auditors. In performing work under this Agreement, OWNER agrees to comply with the Uniform System 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 Procedures as set forth in 48CFR, Chapter 1, Part 31, et seq., 23 48 CFR, Chapter 1, Part 645 and 2CFR, Part 200, et al. If a subsequent State 31 by LOCAL AGENCY 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 actual cost in performing work under this agreementAuditors.

Appears in 1 contract

Samples: Utility Agreement

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