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12=ORA'-O=SA <br />RPSIPLE-5063(117) <br />10/27/2008 <br />SPECIAL COVENANTS OR REMARKS <br />Program or the requirements of 49 CFR Part 26. The Administering <br />Agency shall take all necessary and reasonable steps under 49 CFR <br />Part 26 to ensure nondiscrimination in the award and <br />administration of DOT -assisted contracts. The administrating <br />Agency's DBE Race-Neutral Implementation Agreement is <br />incorporated by reference in this agreement. Implementation of <br />this program is a legal obligation and .failure to carry out its <br />terms shall be treated as a violation of this agreement. Upon. <br />notification to the recepient of its failure to carry out its <br />approved DBE Race-Neutral Implementation Agreement, Caltrana 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 II.S.C. 3801 et seq.). <br />17. This PROJECT is subject to the timely use of funds provisions <br />enacted by Senate Bill 45 (SB 45), approved in 1997, and <br />subsequent CTC guidelines and State procedures approved by the <br />CTC and STATEy..as outlined below: <br />Funds allocated for the. environmental & permits, plan <br />specifications & estimate, and right-of-way components are <br />available for expenditure until the end of the second fiscal year <br />following the year in which the funds were allocated. <br />Funds allocated for the construction component are subject to an <br />award deadline and contract completion deadline. ADMINISTERING <br />AGENCY agrees to award the contract within 6 months of the <br />construction fund allocation and complete the construction or <br />vehicle purchase contract within 36 months of award. <br />18. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at <br />least once every six months commencing after the funds are <br />encumbered for each phase by the execution of this Project <br />Program Supplement Agreement, or by STATE's approval of an <br />applicable Finance Letter. STATE reserves the right to suspend <br />future authorizations/obligations,. and invoice payments for any <br />on-going or future federal-aid project by ADMINISTERING AGENCY if <br />PROJECT costs have not been invoiced by ADMINISTERING AGENCY for <br />a six-month period. <br />If no costs have been invoiced for a six-month period, <br />Program Supplement l2-5063 R-N129- ISTBA Page 6 of 7 <br />