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

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Agreement No. FTA04A39 Sheet 2 of 13 the statutes from which the funds are derived, the CTC, the State Treasurer, the Internal Revenue Service, and the terms of this Agreement RECIPIENT shall indemnify, defend and hold harmless the STATE, the CTC and the State Treasurer relative to any misuse by RECIPIENT of State funds, Project property or Project generated income or other fiscal acts or omissions of RECIPIENT. SECTION 3. A Schedule of Tasks and a drawdown schedule of Estimated Progress Payments are included in the Scope of Work document STATE need not pay RECIPIENT a cumulative amount greater than the cumulative amount identified in the Schedule for any time period, or any earlier, than the dates authorized in the drawdown schedule of payments or the Quarterly Cash Expenditure document,where applicable. SECTION 4. The Scope of Work includes an estimated completion date or dates for each of the Project Phases or items of work identified therein and RECIPIENT shall conform to those completion dates. ARTICLE III. PAYMENT SECTION 1. RECIPIENT agrees to contribute at least the statutorily required local contribution (other than state or federal funds) toward the actual cost of the Project, or the amount specified in the SB2800 (Streets and Highways Code Section 164.53) commitment of future State funds, whichever is greater, from funds available to it RECIPIENT shall contribute its required amount of the cost of the Project in accordance with a schedule of payments as shown in a Quarterly Cash Expenditure Plan prepared by RECIPIENT as part of the Scope of Work document SECTION 2. Not more frequently than once a month, but at least quarterly, RECIPIENT will prepare and submit to STATE (directed to the attention of the appropriate STATE District accounting office responsible for administration of the Project for STATE) Progress Payment Vouchers for actual costs incurred consistent with the Scope of Work document Each such voucher will report the total expenditures from all sources and will specify the percent of state reimbursement requested and the fund source. The voucher should also summarize STATE money requested by category (right of way, construction and rolling stock) and be accompanied by a report describing the overall work status and progress on tasks for the applicable Project If applicable, the first voucher shall also be accompanied by a report describing any tasks specified in the Scope of Work document which were accomplished prior to the Effective date of this Agreement, for which costs are to be credited toward the required local contribution described in Article III, Section 1 of these Provisions pursuant to an executed Agreement for Local Match Fund Credit between RECIPIENT