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04-SM -O-RDWC DATE: 04/27/92 CRP-L089 (637) PAGE: 2 SPECIAL COVENANTS OR REMARKS 1. This Revised Program Supplement supersedes Program Supplement approved by the Local Agency' s Governing Body on 10/29/91 2. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article VI MAINTENANCE of the aforementioned Master Agreement will be performed by the Local Agency and/or the respective agencies as determined by agreement at regular intervals or as required for efficient operation of the completed improvements. 3 . The Local Agency will advertise, award, and administer this project and will obtain the State's concurrence prior to either award or rejection of the contract. 4 . The Local Agency agrees the payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration in the Federal-Aid Project Agreement (PR-2)/Detail Estimate, or its modification (PR-2A) or the FNM-76, and accepts any increases in Local Agency Funds as shown on the Finance or Bid Letter or its modification as prepared by the Division of Local Streets and Roads. 5. The Local Agency will utilize the structural plans, specifications and estimates (PS&E) provided by the State and will be responsible for completion of the non-structural PS&E and for preparation of the contract documents, and for advertisement, award and administration of this project. 6. The Local Agency agrees to advertise the project no later than six (6) months after receipt of the structural plans, specifications and estimates from the State. 7. The Local Agency agrees to use their own funds to pay for any portion of the project not eligible under the Seismic Safety Retrofit Program. 8. In executing this Program Supplemental Agreement, Local Agency hereby reaffirms the "Nondiscrimination Assurances" contained in the aforementioned Master Agreement for Federal-Aid Program. 9 . Whenever the local agency uses a consultant on a cost plus basis, the local agency is required to submit a post audit report cover- ing the allowability of cost payments for each individual consul- tant or sub-contractor incurring over $25, 000 on the project. The audit report must state the applicable cost principles utili- zed by the auditor in determining allowable costs as referenced in CFR 49 , part 18, Subpart C - 22 , Allowable Costs. 11758