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CSJ #0914 -33 -028 District # 14 Code Chart 64 #37950 Cape Road at San Marcos River NBI Structure #1410601300158001 be delivered to the State's District Engineer no later than thirty (30) calendar days after work is completed on the EMP(s). (4) Failure by the Local Government to adequately complete the EMP(s) within the stated three -year period shall result in the Local Government being excluded from receiving such waivers for a minimum of five (5) years. e. Funding of Ineligible or Additional Work Not Waived. Regardless of any waiver of eligible program costs, the Local Government shall pay the State 100 percent of the cost of any PWP item or portion of a cost item that is not eligible for federal or state participation, and 100 percent of the costs resulting from additional work on the PWP performed solely at the request of the Local Government. If the ineligible or additional work is preliminary engineering, the payment shall be made at least thirty (30) days prior to the beginning of preliminary engineering work on the PWP. If the ineligible or additional work is for construction or construction engineering, the payment shall be made at least forty -five (45) days prior to the date set for receipt of bids for construction of the PWP. 15. Notices All notices to either party by the other required under this Agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following addresses: State: Local Government: Austin District Engineer P.O. Drawer 15426 Austin, Texas 78761 -5426 Mayor 630 E. Hopkins San Marcos, Texas 78666 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. 16. Legal Construction In case one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions and this Agreement shall be construed as if it did not contain the invalid, illegal or unenforceable provision. Bridge- Bridge_AFA Page 7 of 15 Bridge Division Rev 04/17/06 10- 2002 -L.1