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<br />'04-SM-82-RDWC <br /> <br />10/21/2009 <br /> <br />ESPL-5029(021 ) <br /> <br />SPECIAL COVENANTS OR REMARKS <br /> <br />1. ADMINISTERING AGENCY agrees that it will only proceed with work <br />authorized for specific phase(s) with an "Authorization to <br />Proceed" and will not proceed with future phase(s) of this <br />project prior to receiving an "Authorization to Proceed" f:t'om the <br />STATE for that phase(s) unless no further State or Federal funds <br />are needed for those future phase(s). <br /> <br />2. Pursuant to Chapters 268 and 269 of the Statutes of 2008 included <br />in the State Budget Act, any State and Federal funds that may <br />have been encumbered for this project are only available for <br />disbursement for a period of six (6) years and six (6) years, <br />respectively, from the start of the fiscal year(s) that those <br />funds were appropriated within the State Budget Act. All project <br />funds not liquidated within these periods will revert unless an <br />executed Cooperative Work Agreement extending these dates is <br />requested and is approved by the California Department of Finance <br />per Government Code Section 16304. The exact date of each fund <br />reversion will be reflected in the approved finance letter(s} <br />issued for this project. <br /> <br />Notwithstanding the unliquidated sums of project specific State <br />and Federal funding remaining and available to fund project work, <br />any invoice for reimbursement that is not submitted to the <br />Department on or before 60 days after that applicable fixed fund <br />reversion date will not be paid from that fiscal year's <br />encumbered funds because all of these unexpended funds will be <br />irrevocably reverted by the Department's Division of Accounting <br />on that date. <br /> <br />Pursuant to a directive from the State Controller's Office and <br />the Department of Finance, the last date to submit invoices for <br />reimbursed work in each fiscal year is May 15th in order for <br />payment to be made out of those then current appropriations. <br />Project work perfonmed and invoiced after May 15th will be <br />reimbursed only out of available funding that might be encumbered <br />in the subsequent fiscal year, and then only when those funds are <br />actually allocated and encumbered as authorized by the California <br />Transportation Commission and the Department's Accounting Office. <br /> <br />3. The ADMINISTERING AGENCY will advertise, award and administer <br />this project in accordance with the current published Local <br />Assistance Procedures Manual. <br /> <br />Program Supplement04-5029R-N006- ISTEA <br /> <br />Page 2 of 5 <br />