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12.ORA-O-SA <br /> BPMPL-5063(220) <br /> SPECIAL COVENANTS OR REMARKS <br /> of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to <br /> Generally Accepted Accounting Principles, enable the determination of incurred costs at <br /> interim points of completion, and provide support for reimbursement payment vouchers or <br /> invoices set to or paid by STATE. <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-ME 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 /> 3. In the event that construction of this project of the initial federal authorization for right of way is <br /> not started by the close of the twentieth fiscal year following the fiscal year in which the right <br /> of way is authorized, the ADMINISTERING AGENCY shall repay the Federal Highway <br /> Administration through Caltrans the sum of Federal funds paid under the terms of this <br /> agreement. <br /> Authorizing the ROW phase of a project as Advance Construction does not exempt the project <br /> from the provisions of 23 U.S.C. 108(a)(2), and 23 CFR 630.112(c)(1). <br /> 4. Appendix E of the Title VI Assurances (US DOT Order 1050.2A) <br /> During the performance of this agreement, the ADMINISTERING AGENCY, <br /> ADMINISTERING AGENCY'S contractors and subcontractor, (hereinafter referred to as the <br /> "contractor) agrees to comply with the following nondiscrimination statutes and authorities; <br /> including but not limited to; <br /> Pertinent Nondiscrimination Authorities: <br /> A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stet. 252), (prohibits <br /> discrimination on the basis of race, color, national origin); and 49 CFR <br /> Program Supplement 12-5063F15-F170-ISTEA Page 6 of T <br />