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12-ORA-0-SA <br />ATPSBI L-5063(193) <br />SPECIAL COVENANTS OR REMARKS <br />M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single <br />Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal year <br />of the Catalogue of Federal Domestic Assistance. <br />N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting <br />the terms of this AGREEMENT in the schedule of projects to be examined in <br />ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined <br />under its single audit prepared in accordance with 2 CFR, Part 200. <br />O. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000, construction <br />contracts over $10,000, or other contracts over $25,000 [excluding professional service <br />contracts of the type which are required to be procured in accordance with Government Code <br />sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be <br />performed under this AGREEMENT without the prior written approval of STATE. Contracts <br />awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the <br />requirements set forth in this AGREEMENT regarding local match funds. <br />P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this <br />AGREEMENT shall contain provisions B, C, F, H, I, K, and L under Section 2 of this <br />agreement. <br />2. In the event that right of way acquisition for or construction of this project of the initial federal <br />authorization for preliminary engineering is not started by the close of the tenth fiscal year <br />following the fiscal year in which the project is authorized, the ADMINISTERING AGENCY <br />shall repay the Federal Highway Administration through Caltrans the sum of Federal funds <br />paid under the terms of this agreement. <br />3. A. The ADMINISTERING AGENCY will advertise, award and administer this PROJECT in <br />accordance with the current published Local Assistance Procedures Manual. <br />B. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for <br />specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) <br />of this project prior to receiving an "Authorization to Proceed" from the STATE for that <br />phase(s) unless no further State or Federal funds are needed for those future phase(s). <br />C. Award information shall be submitted by the ADMINISTERING AGENCY to the District <br />Local Assistance Engineer immediately after project contract award and prior to the submittal <br />of the ADMINISTERING AGENCY'S first invoice for the construction contract. <br />Failure to do so will cause a delay in the State processing invoices for the construction phase. <br />Attention is directed to Section 15.7 "Award Package" of the Local Assistance Procedures <br />Manual. <br />Program Supplement 00-289S-S23-R1- SERIAL Page 4 of 10 <br />