Agmt 94 State of CA DOT Fund Transfer Agmt FTA04A39 Jefferson Ave grade sep

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Agreement No. FTA04A39 Sheet 2 of 3 This Agreement, entered into as of the date set forth above, is between the recipient public entity identified above, hereinafter referred to as RECIPIENT, and the STATE OF CALIFORNIA, acting by and through its Business, Transportation and Housing Agency, Department of Transportation, hereinafter referred to as STATE. SECTION 1. RECIPIENT has applied to the California Transportation Commission("CTC") for funds derived under the identified STATE Fund Source, to be allocated by CTC, for the purpose of the project named above and further described in the"Project Description" (the Project) attached as Attachment Ito the Standard Provisions of Grant. SECTION 2. THE CTC has allocated funds for the Project, or a phase of the Project("Project Phase"), in the CTC Resolution(the"Resolution")identified above and attached as Attachment II to the Standard Provisions of Grant and made a part of this Agreement RECIPIENT shall be bound to the terms and conditions of the Resolution and all restrictions, rights, duties and obligations established therein shall inure to the benefit of CTC and be subject to any necessary enforcement action by CTC. SECTION 3. STATE has prepared the "Standard Provisions of Grant," attached and made a part of this Agreement,which, together with this document and all referenced attachments and addenda, sets forth the terms and conditions under which said funds are to be expended. SECTION 4. STATE and RECIPIENT have negotiated the "Project Description," which describes the entire Project to be constructed or acquired by RECIPIENT. Separate Project Phase descriptions, if applicable,will describe the tasks to be performed for each separate phase of the Project Subsequent Project Phase descriptions beyond the initial approved description, if any,will be added to this Agreement by Amendment SECTION 5. STATE and RECIPIENT have negotiated and RECIPIENT has submitted, at the time of RECIPIENT's request for allocation of funds, the "Scope of Work," (attached as Attachment III to the Standard Provisions of Grant and made a part of this Agreement), which sets forth the tasks and the estimated State bond or TCI reimbursement including progress payments, if any, or the amounts of progress payments to be made from TCI funds if authorized as part of the Scope of Work. State funding limits and the drawdown schedule established in each original or amended "Scope of Work" for every phase, initial or subsequent, shall not be exceeded or modified without a subsequent amendment and encumbrance of STATE funds. SECTION 6. The completed and signed STATE fund certification on the Scope of Work Approval document, Attachment TV to the Standard Provisions of