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12-ORA-0-SA
<br />HSIPL-50631190)
<br />SPECIAL COVENANTS OR REMARKS
<br />examined 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,
<br />construction contracts over $10,000, or other contracts over $25,000 [excluding
<br />professional service contracts of the type which are required to be procured in
<br />accordance with Government Code sections 4525 (d), (e) and (f)] on the basis of a
<br />noncompetitive negotiation for work to be performed under this AGREEMENT without the
<br />prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if
<br />Intended as local match credit, must meet the requirements set forth in this AGREEMENT
<br />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 right of way acquisition for or construction of this project of the initial
<br />federal authorization for preliminary engineering Is not started by the close of the tenth
<br />fiscal year following the fiscal year in which the project is authorized, the
<br />ADMINISTERING AGENCY shall repay the Federal Highway Administration through
<br />Caitrans the sum of Federal funds paid under the terms of this agreement.
<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
<br />the "contractor") agrees to comply with the following nondiscrimination statutes and
<br />authorities;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 stat. 252),
<br />(prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
<br />B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
<br />(42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has
<br />been acquired because of Federal or Federal -aid programs and projects);
<br />C. Federal -Aid Highway Act of 1973, (23 U.S.G. 324 at seq.), (prohibits discrimination on
<br />the basis of sex);
<br />D, Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 at seq.), as amended,
<br />(prohibits discrimination on the basis of disability); and 49 CFR Part 27;
<br />E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits
<br />discrimination on the basis of age);
<br />F. Airport and Airway Improvement Act of 1982, (49 U.S.C. 4 71, Section 4 7123), as
<br />amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
<br />G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
<br />coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age
<br />Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by
<br />Program Supplement 12.5063F15-F172-131- ISTEA Page 6 of 7
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