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· ...... 04-SM-0-RDWC DATE: 12/02/94 <br />~ CTU~-5029 (003) - .- <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 advert~ise, award, and administer ~his <br /> project and will obtain the Starers concurrence prior to either <br /> award or rejection of the contract. <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 FN~-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 Division of <br /> Local Streets and Roads. <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 Highway~ 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. In executing this Program Supplemental Agreement, Local <br /> Agency hereby reaffirms the "Nondiscrimination Assurances- <br /> contain~ in =he aforementioned Master Agreement for <br /> Federal-Aid Program. <br /> <br /> 7. 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 repor~ 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 />