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CC Resolution No. 9216 RESOLUTION NO. 9216 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF PROGRAM SUPPLEMENT NO. 008 TO LOCAL AGENCY -STATE MASTER AGREEMENT, FOR FEDERAL AID PROJECT ROUTE 280/DEANZA BRIDGE WIDENING WHEREAS, the City Council previously entered into and approved agreement with the State of California, Department of Transportation, in conjunction with the project to widen DeAnza Bridge at Route 280; and WHEREAS, submitted to the City Council is Program Supplement No. 008 for the aforementioned project which qualified for federal aid. NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are hereby authorized to execute "Program Supplement No. 008 to Local Agency-State Agreement for Federal Aid Projects No. 04-5318". PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 17th day of October ,1994, by the following vote: Vote AYES: NOES: ABSENT: ABSTAIN: Members of the City Council Bautista, Burnett, Dean, Sorensen, Koppel None None None APPROVED: /s/ Barb Koppel Mayor, City of Cupertino ATTEST: /s/ Kim Marie Smith City Clerk PROGRAM SUPPLEMENT NO. 008 to LOCAL AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 04-5318 Date: September 20, 1994 Location: 04-SCL-0-CPO Project Number: STPLN-5318 (002) E.A. Number: 04-070114 This Program Supplement is hereby incorporated into the Local Agency-state Agreement for Federal Aid which was entered into between the Local Agency and the state on 01/10/89'~ and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 2 of Article II of the aforementioned Master Agreement under authority of Resolution No. , approved by the Local Agency on (See copy attached) . The Local Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT TERMINI: ON DE ANZA BLVD @ THE DE ANZA BLVD OVERCROSSING TYPE OF WORK: WIDEN OIC AND APPROACH LENGTH: 0.1 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [ ] Preliminary Engineering [] Right-of-Way [] [X] Construction Engineering [X] Construction Estimated Cost I Federal Funds Matching Funds $ 2146166 33C $ $ 1900000 $ o Local OTHER 246166 $ OTHER o $ o CITY OF CUPERTINO STATE OF CALIFORNIA Department of Transportation By By DEPUTY DISTRICT DIRECTOR OF TRANSPORTATION, DISTRICT 4 Date Date Attest Title I hereby Certify upon my personal knowledge that budgeted funds are available for this encumbrance: Chapter Statutes Date C/;;O·9t/ $ , 1900000.00 Accounting Office Item Program IBcl Fund Source AMOONT 139 1994 2660,101·890 94·95 20.30.010.810 C 262040 892·f 1900000.00 Page 1 of 2 .'- ' 04-SCL-0-CPO STPLN-5318 (002) DATE: 09/20/94 SPECIAL COVENANTS OR REMARKS 1. 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 at regular intervals or as required for efficient operation of the completed improvements. 2. 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. 3. 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. 4. In executing this Program Supplemental Agreement, Local Agency hereby reaffirms the "Nondiscrimination Assurances" contained in the aforementioned Master Agreement for Federal-Aid Program. 5. 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. Page 2 of 2