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Alameda CTC Agreement No. A16-0079 <br />Project No. 1468.020 <br /> <br />Page 9 of 16 <br />6. ALAMEDA CTC shall provide timely notice to PROJECT SPONSOR prior to conducting an <br />audit of expenditures made by PROJECT SPONSOR to determine whether such expenditures are in compliance <br />with this agreement or the applicable ALAMEDA CTC ADMINISTERED FUNDS. <br /> <br /> <br />SECTION III <br /> <br />IT IS MUTUALLY AGREED AS FOLLOWS: <br /> <br />1. That obligations of ALAMEDA CTC ADMINISTERED FUNDS obligated by this AGREEMENT <br />may be shifted between the phases of the PROJECT covered by this AGREEMENT, or between activities in the <br />same phase of the PROJECT, provided that PROJECT SPONSOR: (A) obtains ALAMEDA CTC’s prior written <br />approval through completion and submittal to ALAMEDA CTC of the form in Appendix D: Alameda CTC <br />Funding Shift Approval Form, and (B) provides a revised and updated Appendix A: Project Control <br />Information to ALAMEDA CTC which reflects the requested shift of the funding obligations authorized by <br />this AGREEMENT and demonstrates that the phase or activity from which the funds were shifted remains <br />fully funded. Alternatively, ALAMEDA CTC ADMINISTERED FUNDS may be shifted through an amendment <br />to this AGREEMENT executed by the parties, which amendment shall incorporate a revised and updated <br />Appendix A as described above. <br /> <br />2. ALAMEDA CTC and the PROJECT SPONSOR may jointly authorize an “Administrative <br />Amendment” for any minor schedule revisions, deliverables, or budget revisions that do not increase the total <br />Alameda CTC Administered Funds Obligated by this Agreement. Any change in the PROJECT scope of work <br />must be approved by ALAMEDA CTC prior to implementation of the change by the PROJECT SPONSOR. <br />Administrative amendment requests sent to ALAMEDA CTC must include a revised Appendix A: Project <br />Control Information which reflects the requested changes by the PROJECT SPONSOR. <br /> <br />3. As this AGREEMENT only encumbers Measure BB funds for the Construction Capital Phase <br />of the PROJECT, ALAMEDA CTC and the PROJECT SPONSOR agree that Sections I.7, I.18, I.20, I.30, I.31, II.4, <br />III.9, III.15, III.16, III.17, III.18, and III.19, do not apply to this PROJECT and are hereby deleted in their <br />entirety from this AGREEMENT. Further, provisions/requirements (a) arising from the use of TFCA Funds <br />and (b) related to Right-of-Way Capital are hereby deleted from this AGREEMENT. <br /> <br />4. For the purposes of this AGREEMENT, (i) a “Contract” shall mean and refer to a third party <br />agreement with the PROJECT SPONSOR for services related to PROJECT, including agreements with another <br />public agency, consultant firm, contractor or entity; (ii) “PROJECT SPONSOR Staff” costs include costs related <br />to staff dedicated directly to management, oversight, or development work on the project and may include <br />direct costs including contracts for services, such as legal counsel, that are considered an extension of <br />PROJECT SPONSOR Staff; and (iii) “Capital” with respect to any Right-of-Way Capital phase shall mean and <br />refer to the cost to acquire real property, access rights and other property interests. <br /> <br />5. Funds expended for work directly related to the phases of the PROJECT covered by this <br />AGREEMENT prior to the allowable start date identified in Appendix B: Alameda CTC Administered Funds <br />Obligated by this Agreement will not be considered for reimbursement pursuant to this AGREEMENT. In all <br />cases, reimbursable costs will be limited to those costs shown in Appendix A: Project Control Information, to