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04-ALA-O-SLN <br />ESPL-5041(035) <br />04/27/2010 <br />SPECIAL COVENANTS OR REMARKS <br />1. 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 />2. 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 />using other funds, and <br />5) To comply with the reporting requirements, terms and <br />conditions set forth in Sections 1201 and 1512 of the Recovery <br />Act and as designated by the STATE. Failure to comply will <br />result in retentions from progress payments due ADMINISTERING <br />AGENCY and/or other sanctions, <br />6) Recovery Act funds are available for liquidation only until <br />September 30, 2015 when the remaining balance of Recovery Act <br />funds will expire. ADMINISTERING AGENCY agrees to submit an <br />invoice for the balance of project Recovery Act funds (if any) to <br />the STATE prior to July 1, 2015. <br />3. ADMINISTERING AGENCY agrees that it will only proceed with work <br />authorized for specific phase(s) with an "Authorization to <br />Program Supplement 04-5041R-N017- ISTEA Page 2 of 5 <br />