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ARTICLE III <br />REPRESENTATIONS, WARRANTIES AND COVENANTS <br />OF THE QUALIFIED ENTITY <br />Section 3.01. Planning, Design and Construction Covenants. The Qualified Entity <br />hereby covenants and agrees with the State that the Qualified Entity will: <br />(a) Provide information as requested by the State to determine the need for, or <br />to complete any necessary, environmental review or analysis. <br />(b) Comply with the procurement procedures and affirmative action <br />requirements contained in 85 I.A.C. 2-10 and 327 I.A.C. 14-10 in the Planning, <br />Design and Construction of the Project to the extent that such are to be paid from Loan <br />proceeds. <br />(c) With respect to prime and first tier contract awards, report minority and <br />women business enterprise utilization in the Planning, Design and Construction of the <br />Project, to the extent that such are to be paid from Loan proceeds, by executing and <br />delivering Agency Form SF 5700-528-5-96 to the Department whenever any <br />agreements or subagreements are awarded. (These reports must be submitted by the <br />15th day of each January, April, .July and October after which such agreement or <br />subagreement is awarded). <br />(d) Comply with all applicable federal, State and local statutes, rules and <br />regulations relating to the acquisition and construction of the Drinking Water System. <br />(e) In the event Construction is to be paid from Loan proceeds, prior to an <br />award of any contract for Construction of the Project, obtain a construction permit from <br />the Department and receive the written approval of the Department of the Preliminary <br />Engineering Report. <br />(f) Obtain the property rights necessary to construct the Drinking Water System <br />and, in procuring any such rights comply with federal and State law. <br />(g) In the event Construction is to be paid from Loan proceeds, comply with <br />the federal Davis-Bacon Act, codified at 40 U.S.C. 276a-276a-5. <br />(h) In the event Construction is to be paid from Loan proceeds, execute and <br />deliver to the Department Agency Form 4700-4 ("Pre-award Compliance Review <br />Report for Wastewater Treatment Construction Grants") and Agency Form 5700-49 <br />("Certification Regarding the Debarment, Suspension, and Other Responsibility <br />Matters" ). <br />430848 (~ <br />