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the final PROJECT produced by EBRPD in a timely manner. Failure to respond within 60 days of receipt of the final PROJECT shall be deemed approval of the PROJECT. (2) To process EBRPD's reimbursement request for actual expenses related to the PROJECT up to, but not to exceed, $47,500 for completion of the PROJECT, within 30 days of receipt of a cost summary and an invoice from the EBRPD. (3) To have a PLEASANTON representative in attendance at all EBRPD public meetings concerning this PROJECT. SECTION III EBRPD AGREES: (1) To expend up to, but not to exceed, $5,000 for actual expenses related to the completion of the PROJECT and implement the PROJECT per the provisions of the GRANT, and this AGREEMENT, including but not limited to the development of consultant contract documents, selection of a qualified consultant, administration of the consultant contract, acquiring the necessary permits and approvals from Caltrans, BART, Zone 7, Corps of Engineers, RWQCB, Fish and Game, and other appropriate agencies as necessary, conducting public meetings, final acceptance of the PROJECT and disseminating work products. (2) To submit to DUBLIN and PLEASANTON copies of the draft PROJECT for their review and comment and to submit the final PROJECT for review and approval by DUBLIN and PLEASANTON. (3) To prepare a summary of the PROJECT expenses at the completion of the PROJECT and to submit this summary and an invoice to DUBLIN for up to, but not to exceed, $47,500 and to PLEASANTON for up to, but not to exceed, $47,500 for actual expenses incurred related to the PROJECT. (4) To the extent possible EBRPD will first invoice ACTIA for actual expenses incurred before invoicing DUBLIN and PLEASANTON. (5) To provide to DUBLIN and PLEASANTON copies of the approved consultant contract, with the scope of work and cost estimates for the PROJECT included, as well as any changes to the scope of work and/or cost estimates as soon as they are available. (6) To provide to DUBLIN and PLEASANTON two sets each of the final construction contract documents including plans, specifications, cost estimates, and permits needed to bid the construction of the project. SECTION IV TT IS MUTUALLY AGREED AS FOLLOWS: (1) This AGREEMENT may be amended or canceled by mutual consent in writing of the three parties. (2) If EBRPD, DUBLIN and PLEASANTON are unable to agree on any element of the PROJECT, ACTIA shall make all final and binding decisions regarding the PROJECT. 2of4