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04-ALA-O-SLN <br />ESPL-5041(034) <br />09/1'7/2009 <br />SPECIAL COVENANTS OR REMARKS <br />Agreement. The Administering Agency shall take all necessary and <br />reasonable steps under 49 CFR Part 26 to ensure nondiscrimination <br />in the award and administration of Federal-assisted contracts. <br />The Administering Agency's DBE Implementation Agreement is <br />incorporated by reference in this Agreement. Implementation of <br />the DBE Implementation Agreement, including but not limited to <br />timely reporting of DBE commitments and utilization, is a legal <br />obligation and failure to carry out its terms shall be treated as <br />a violation of this Agreement. Upon notification to the <br />Administering Agency of its failure to carry out its DBE <br />Implementation Agreement, the State may impose sanctions as <br />provided for under 49 CFR Part 26 and may, in appropriate cases, <br />refer the matter for enforcement under 18 U.S.C. 1001 and/or the <br />Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et <br />seq.) . <br />7. As a condition for receiving federal-aid highway funds for the <br />PROJECT, the Administering Agency certifies that NO members of <br />the elected board, council, or other key decision makers are on <br />the Federal Government Excluded Parties List System (EPLS). <br />8. This project is financed, in whole or in part, with federal funds <br />from the American Recovery and Reinvestment Act of 2009 (Recovery <br />Act). ADMINISTERING AGENCY agrees: <br />1) Statutory provisions contained in Chapter 1 of Title 23 <br />United States Code (U.S.C.) are applicable to all Recovery Act <br />funded projects, <br />2) Costs incurred prior to the date of authorization are NOT <br />eligible for reimbursement with federal Recovery Act funds, <br />3) Federal Prevailing Wage Rate requirements apply to all <br />Recovery Act funded construction projects regardless of location <br />(including projects on local roads and rural minor collectors, <br />and Transportation Enhancement projects outside the highway right <br />of way). ADMINISTERING AGENCY agrees to include the appropriate <br />wage rate information in the contract and also include a contract <br />provision that overrides the general applicability provisions in <br />form FHWA-1273, Sections IV and V, <br />4) To expend and invoice for all Recovery Act funds prior to <br />Program Supplement 04-5041R-N016- ISTEA Page 4 of 5 <br />