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<br /> ~-SM-O-RDWC 03/29/2006 6.28 <br /> fPL-5029(015) Page 6 <br /> SPECIAL COVENANTS OR REMARKS <br /> invoices for the construction phase. Please refer to Section <br /> 15.7 "Award Package" of the Local Assistance Procedures Manual <br /> and LPP 01-06. <br /> 9. "ADMINISTERING AGENCY certifies that neither the ADMINISTERING <br /> AGENCY nor its principals are suspended or debarred at the time <br /> of the execution of this agreement. ADMINISTERING AGENCY agrees <br /> that it will notify the STATE ~ediately, in the event a <br /> suspension or a debarment happened after the execution of this <br /> agreement. " <br /> 10. The Administering Agency shall not discriminate on the basis of <br /> race, color, national origin, or sex in the award and perfor.mance <br /> of any DOT -assisted contract or in the administration of its DBE <br /> Program or the requirements of 49 CFR Part 26. The Administering <br /> Agency shall take all necessary and reasonable steps under 49 CFE <br /> Part 26 to ensure nondiscrimination in the award and <br /> administration of DOT -assisted contracts. The Administering <br /> Agency's DBE Program, as required by 49 CFE Part 26 and as <br /> approved by Caltrans, is incorporated by reference in this <br /> agreement. Implementation of this program is a legal obligation <br /> and failure to carry out its terms shall be treated as a <br /> violation of this agreement. Upon notification to the recepient <br /> of its failure to carry out its approved program, Caltrans may <br /> impose sanctions as provided for under Part 26 and may, in <br /> appropriate cases, refer the matter for enforcement under 18 <br /> tJ.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 <br /> (31 U.S.C. 3801 es seg.). <br /> 11. Billing Cycle <br /> ADMINISTERING AGENCY agrees to submit invoices in arrears for <br /> reimbursement of participating PROJECT costs at least once every <br /> six months commencing after the funds are encumbered for each <br /> phase by the execution of this PROJECT PROGRAM SUPPLEMENT or by <br /> STATE's future approval of an applicable Finance Letter. The <br /> total of all invoiced amounts claimed, plus any required matching <br /> funds, must not exceed the actual total cost allowable under this <br /> PROGRAM SUPPLEMENT for all authorized and completed PROJECT <br /> engineering work, right of way acquisition, and construction. <br /> If no costs have been invoiced for a six-month period, <br /> Program Supplemsnt04-S029-M002- ~STEA Page 4 of 5 <br />