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<br />04-SM-0-RDWC <br /> <br />03/29/2006 <br /> <br />STPL-5029(O 15) <br /> <br />SPECIAL COVENANTS OR REMARKS <br /> <br />invoices for the construction phase. Please refer to Section <br />15.7 "Award Package II of the Local Assistance Procedures Manual <br />and LPP 01-06. <br /> <br />9. <br /> <br />"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 immediately, in the event a <br />suspension or a deba~ent happened after the execution of this <br />agreement. II <br /> <br />10. The Administering Agency shall not discriminate on the basis of <br />race, color, national origin, or sex in the award and performance <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 te~s 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 />U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 <br />(31 U.S.C. 3801 es seq.). <br /> <br />11. Billing Cycle <br /> <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 /> <br />If no costs have been invoiced for a six-month period, <br /> <br />Program SupplementO4-S029-MOO2- ZSTEA <br /> <br />Page <br /> <br />4 of 5 <br />