STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION - CALTRANS (7)

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OML?5063(180) ' SPECIAL COVENANTS OR REMARKS' assisted contractor in the administration of Its DBE Program Implementation Agreement. The Administering Agenoy. shall take all necessary and reasonable steps under 49 CFR Part'26 to.ensure nondiscrimination in the award and administration of Federal -assisted . contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement.. Irnplementat'icn of the DBE Implementation Agreement, Including but.not limited to timely reporting of Dgf•cornmitments and utilization, Is a legal_ obligation and failure to carry out'its terms .shall- be'treated as a violation of this, Agreement.. Upon notification to the, Administering Agency of Its failure to carry out its DBE Implementation Agreement,• the State'may• pripose sanctions as provided, for- under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. •1001 'and/or the Program Fraud Civil Remedies ,Act of 1986. (31 U.S.C. 3801, et seq.),' . G. Any State, and Federal funds that may have been encumbered for this.'pr6j6ct'are available for disbursement for limited periods of time.. For each fund encumbrance the limited period is from, the. start of the fiscal .year that the specific fund was appropriated within the State Budget Act to the applicable. fund Reversion Date.'shown on the State approved project finance letter.: Per Government Code Section 16304' all 'project funds not liquidated .within these periods will , -revert unless' an -executed Cooperative Work Agreement extending,these dates 1s requested by .the ADMINISTERING AGENCY and approved by the California Department of Finance. ADMINISTERING AGENCY should- ensure that Invoices are, submitted to the District Local Assistance Engineer at least 75 days .prior to the applicable fund Reversion Date to avoid the'lapse of applicable funds: Pursuant to a directive from the State Controller's Office and th'e Department of Finance; in order for payment to be made, the last date the District . Local 'Assistance Engineer • can' forward . an Invoice' .for 'payment to the Department's Local Program''s Accounting Office for reimbursable work for funds that are going to'revert'at the,end of a particular fiscal year is May 15th of. the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to.fund project. work, any Invoice for reimbursement Involving applicable funds that)s not received by,the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not .be paid. These.•uriexpended funds .will' be irrevocably reverted by the Department's Division of Accounting on the applicable. fund; Reversion. Date. H. .As a condition for receiving 'federal -aid highway funds for .the PROJECT, the., Administering Agency certifies that NO members of the elected board, council, or other . key decision makers are on the Federal Government Exclusion List. Exclusions can be found, at www.sam.gov. 2: A. ADMINISTERING AGENCY shall .Conform 'to all State statutes, regulations and procedures (including 'those set forth in the local' Assistance Procedures Manual and the Local Assistance' Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal -aid program, all Title 23 Code of Program Supplement-F165-R1- ISTEA Page 3 of 7.