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Resolution 1994-64 -". . . RESOLUTION NO. 94 - 64 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ACCEPTING TERMS AND CONDITIONS FOR FEDERAL FUNDING OF BRIDGE IMPROVEMENTS WHEREAS, the need exists to improve infrastructure whenever possible; and WHEREAS, Federal Funds are available for the improvement of four bridges: Those bridges and improvements are: Replacement IooF Avenue bridge over Miller Slough Replacement Forest Street bridge over Miller Slough Replacement Lewis Street bridge over Miller Slough Bridge Rail Replacement Rogers Lane bridge over Miller Slough; and WHEREAS, as a condition of funds obligated to these projects, the City of Gilroy must stipulate it accepts and will comply with covenants or remarks set forth Program Supplements to Local Agency-State Agreement for Federal Aid projects No. 04-5034. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Gilroy accepts and will comply with covenants or remarks stated in Supplement Agreements No. 006, 007, 008 and 009 which are as follows: 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 City of Gilroy at regular intervals or as required for efficient operation of the completed improvements. 2. The City of Gilroy 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. 3. This Program Supplement will be revised at a later date to include other phases of work. 4. In executing this Program Supplemental Agreement, City of Gilroy hereby reaffirms the "Nondiscrimination Assurances" contained in the aforementioned Master Agreement for Federal Aid Program. -1- RESOLUTION NO. 94 - 64 . . 5. Whenever the City of Gilroy uses a consultant on a cost plus basis, the city of Gilroy is required to submit a post audit report covering the allowability of cost payments for each individual consultant or sub- contractor incurring over $25,000 on the project. The audit report must state the applicable cost principles utilized by the auditor in determining allowable costs as referenced in CFR 49, part 18, Subpart C- 22, Allowable Costs. The Council further authorizes the City Administrator to execute the individual agreements for each bridge. PASSED AND ADOPTED this 6th day of September, 1994 by the following vote: AYES: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS, ROWLISON, VALDEZ and GAGE. NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None APPlJJ J, . MaYor~ ATTEST: /~~..~ -2- RESOLUTION NO. 94 - 64 . . ~. ,. I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 94-64 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 6th day of September , 19~, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 7th day of September ,1994. (Seal)