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Project Name I Sessom Dr - Alamo St. to University Dr <br />Federal Highway Administration: <br />CFDA No. 20.205 1 <br />CFDA Title Highway Planning and Construction I <br />AFA Not Used For Research &Development <br />5. Termination ofThis Agreement <br />This Agreement shall remain in effect until the Project is :ODlp|eted and accepted by all <br />parties, unless: <br />A. The Agreement is terminated in writing with the mutual consent of the parties; <br />B. The Agreement is terminated by one party because of a breach, in which case <br />any costs incurred because of the breach shall be paid by the breaching party; <br />C. The Local Government elects not to provide funding after the completion of <br />preliminary engineering, specifications, and estimates /PG@E\and the Project <br />does not proceed because ofinsufficient funds, inwhich case the Local <br />Government agrees toreimburse the State for its reasonable actual costs <br />incurred during the Project; or <br />Q. The Agreement isterminated bythe State because the parties are not able [O <br />execute a mutually agreeable amendment when the costs for Local Government <br />requested items increase significantly due todiffering site conditions, <br />determination that Local government requested work is ineligible for federal or <br />state cost participation, oramore thorough definition ofthe Local Government's <br />proposed work scope identifies greatly differing costs from those estimated. The <br />State will reimburse Local Government remaining funds to the Local Government <br />within ninety (9O)days oftermination; or <br />E. The Project ieinactivef0r[hirty-nix(30)oons8cUbxeOlOn[heor/on0erandn0 <br />expenditures have been charged against federal funds, /nwhich case the State <br />may in its discretion terminate this Agreement. <br />G. Amendments <br />Amendments to this Agreement due to changes in the character of the work, terms of <br />the Agreement, orresponsibilities nfthe parties relating tOthe Project nnayb8en8cted <br />through a mutually agreed upon, written amendment. <br />7. Remedies <br />This Agreement shall not be considered as specifying the exclusive remedy for any <br />agreement defGUlt, but all remedies existing at |avv and in equity may be availed of by <br />either party tothis Agreement and shall becumulative. <br />8. Utilities <br />The parfynamed inArticle 1, ResponsibleParties, under AGREEMENT shall be <br />responsible for the adjustment, removal, or relocation of utility facilities in accordance <br />with applicable state laws, regulations, ru|es, p0UCieS` and prooedures, including any <br />cost t0the State of delay resulting from the LOCo| Government's failure tO ensure that <br />utility facilities are odivated, removed, or relocated before the scheduled beginning of <br />construction. The Local Government will not be reimbursed with federal or State funds <br />for the cost Ofrequired utility work. The Local Government must obtain advance <br />approval for any variance from established procedures. Before aconstruction contract iS <br />let, the Luoo| Government shall provide, at the State's request, 8 certification stating that <br />the Local Government has completed the adjustment of all utilities that must be adjusted <br />before construction, iacommenced. <br />AFA LongGen Page 5 of 17 Rev. 12/10/2021 <br />