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04-SM -0-RDWC DATE: 09/15/97 <br />CMLSTPL-5029(008) <br /> <br /> SPECIAL COVENANTS OR REMARKS <br /> <br />1. Ail maintenance, involving the physical condition and the <br /> operation of the improvements, referred to in Article VI <br /> MAINTENANCE of the aforementioned Master Agreement will be <br /> performed by the Local Agency at regular intervals or as required <br /> for efficient operation of the completed improvements. <br /> <br />2. The Local Agency will reimburse the State for their share of <br /> costs for work requested to be performed by the State. <br /> <br />3. The Local Agency agrees the payment of Federal funds will be <br /> limited to the amounts approved by the Federal. Highway <br /> Administration in the Federal-Aid Project Agreement (PR-2)/Detail <br /> Estimate, or its modification (PR-2A) or the FNM-76, and accepts <br /> any increases in Local Agency Funds as shown on the Finance or <br /> Bid Letter or its modification as prepared by the Office of Local <br /> Programs. <br /> <br />4. State Traffic System Management (TSM) funds are being made <br /> available to match only those federal funds eligible in <br /> accordance with Section 182.4 of the Streets and Highways Code <br /> and as permitted by Article XIX of the State Constitution. <br /> <br />5. Federal funds eligible for TSM match will be proportional to the <br /> total federal participating amount established at contract award <br /> as indicated on the Finance or Bid Letter or its modification. <br /> <br />6. TSM match funds will be paid under normal progress payment <br /> procedures after contract award or upon approval of the Annual <br /> State Budget, whichever occurs later. <br /> <br />7. The total reimbursement of State Partnership funds are contingent <br /> on remaining contracts being awarded by June 30, 1995. <br /> <br />8. In executing this Program Supplemental Agreement, Local <br /> Agency hereby reaffirms the "Nondiscrimination Assurances" <br /> contained in the aforementioned Master Agreement for <br /> Federal-Aid Program. <br /> <br />9. Whenever the local agency uses a consultant on a cost plus basis, <br /> the local agency is required to submit a post audit report cover- <br /> ing the allowability of cost payments for each individual consul- <br /> tant or sub-contractor incurring over $25,000 on the project. <br /> The audit report must state the applicable cost principles utili- <br /> zed by the auditor in determining allowable costs as referenced in <br /> CFR 49, part 18, Subpart C - 22, Allowable Costs. <br /> <br /> Page 2 of 2 <br /> <br /> <br />