Agmt 94 State of CA DOT Fund Transfer Agmt Amendment 2

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AGREEMENT NO. FTA04A39 AMENDMENT NO. 2 SHEET 2 OF 4 THIS FUND TRANSFER AGREEMENT IS AMENDED TO INCLUDE THE FOLLOWING TERMS AND CONDITIONS: SECTION 9 of the Agreement (Sheet 3 of 3) is rephrased to state: RECIPIENT shall not award a construction contract over$10,000 or other contracts over $25,000 (excluding professional services contracts of the type which are required to be procured in accordance with Government Code Section 4525 (d), (e) and (f) through 4529.5) on the basis of a noncompetitive negotiation for work to be performed under this Agreement without the prior written approval of STATE. ARTICLE III. PAYMENT SECTION 5 is replaced to read as follows: Final payment vouchers must be submitted not later than one month after the Last Expenditure Date noted on the face sheet of the Fund Transfer Agreement. Reimbursement will be made only for work performed after the Effective Date of this agreement and prior to the Last Expenditure Date. As used in this agreement, "Last Expenditure Date" refers to the last date for RECIPIENT to expend any funds from any of the state funding sources referenced on the face sheet of the Fund Transfer Agreement. It is the RECIPIENT's responsibility to assure that work is completed, invoices are received and all payments are made for project goods and services received prior to the final billing date. ARTICLE IV. REPORTS AND RECORDS SECTION 1 is replaced to read as follows: RECIPIENT and its contractors shall establish and maintain an accounting system and records that properly accumulate and segregate incurred costs by line item for the Project. RECIPIENT and contractor accounting systems shall conform to generally accepted accounting principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of RECIPIENT and its contractors connected with performance under this Agreement shall be maintained for a minimum of three years from the date of final payment to RECIPIENT under these provisions and shall be held open to inspection and audit by representatives of STATE and the California State Auditor and copies thereof will be furnished upon request. In conducting an audit of the costs claimed under these provisions, STATE will rely to the maximum extent possible on any prior audit of RECIPIENT pursuant to the provisions of federal and state laws. In the absence of such an audit, any acceptable audit work performed by RECIPIENT's external and internal auditors and/or federal auditors will be relied upon and used by STATE when planning and conducting additional audits.