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City of Santa Ana Public Works Agency <br />Agreement Number 12-TRANSIT-16 <br />AMS ADV ID: 1224000030 <br />Page 5 of 19 <br />9. Period of Performance <br />a. Reimbursable work under this RGA shall begin no earlier than on September 1, 2023, following <br />the written approval of CALTRANS and AGENCY's receipt of the Notice to Proceed letter of <br />this RGA by CALTRANS. All reimbursable work shall terminate no later than December 31, <br />2024. Project closeout and final invoicing to CALTRANS must be submitted no later than June <br />30, 2025. Work incurred after December 31, 2024 will not be reimbursed. Payment shall be <br />forfeit for any and all invoicing submitted to CALTRANS after June 30, 2025. Notwithstanding <br />the foregoing, Caltrans will reimburse for actual close out costs incurred by AGENCY through <br />June 30, 2025 (which, in total, shall not exceed 5% of the grant award). <br />b. If requested by the CALTRANS District Partnership Liaison, AGENCY will attend a kickoff <br />meeting with CALTRANS to be scheduled within one (1) week from receipt of Notice to Proceed <br />sent by CALTRANS. <br />10. Changes in Terms/Amendments <br />This Agreement may only be amended or modified by mutual written agreement of the parties. <br />11. Cost Limitation <br />a. The maximum total amount granted and reimbursable to AGENCY pursuant to this RGA by <br />CALTRANS shall not exceed $1,475,000.00. <br />b. It is agreed and understood that the Clean CA funds are limited to the amount granted. <br />CALTRANS will only reimburse the cost of services actually incurred in accordance with the <br />provisions of this RGA and as authorized by the CALTRANS District Partnership Liaison at or <br />below that fund limitation established herein. <br />12. Termination <br />a. CALTRANS reserves the right to terminate this RGA upon written notice to AGENCY at least 30 <br />days in advance of the effective date of such termination in the event CALTRANS determines (at <br />its sole discretion) that AGENCY failed to proceed with PROJECT Work in accordance with the <br />terms of this RGA. In the event of termination for convenience, CALTRANS will reimburse <br />AGENCY for all allowable, authorized, and non -cancelled costs up to the date of termination. <br />AGENCY shall return any unused advance amounts which cannot be supported by eligible <br />expenditure documentation. <br />b. This RGA may be terminated by either party for any reason by giving written notice to the other <br />party at least 30 days in advance of the effective date of such termination. In the event of <br />termination for convenience, CALTRANS will reimburse AGENCY for all costs that are expressly <br />allowable, pre -authorized in writing, and non -cancellable, up to the date of termination. <br />c. AGENCY has 60 days after the Termination Date to submit accurate invoices to CALTRANS to <br />make final allowable payments for Project costs in accordance with the terms of this RGA. <br />Failure to submit invoices within this period of time shall result in a waiver by AGENCY of its right <br />to reimbursement of expended costs. Costs that are reimbursed and later determined to be <br />ineligible for reimbursement shall be returned by AGENCY to CALTRANS. <br />13. Budget Contingency Clause <br />a. It is mutually agreed that if the US Congress or the State Legislature fail to appropriate or <br />allocate funds during the current year and/or any subsequent years covered under this RGA do <br />not appropriate sufficient funds for the program, this RGA shall be of no further force and effect. <br />In this event, CALTRANS shall have no liability to pay any funds whatsoever to AGENCY or to <br />