R 4412 RESOLUTION NO. 4412
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE APPROVING AMENDMENT NO. 2 TO COOPERATI�lE
� AGREEMENT #05-CA-0140 FOR DEVELOPMENT OF THE BRISCO
ROAD-HALCYON ROAD/ROUTE 101 INTERCHANGE PROJECT
THROUGH PROJECT� APPROVAL AND ENVIRONMENTAL
DETERMINATION (PA8�ED) �
WHEREAS, the City of Arroyo Grande desires improvements on State Route 101 through
Arroyo Grande, including modifications to interchanges and ramps, between East Grand
Avenue and Oak Park Boulevard; and
WHEREAS, a cooperative agreement is required when a local agency proposes
improvements of over $1 million within the State highway right of way; and
WHEREAS, Resolution No. 3915 was adopted by the City Council of the City of Arroyo �
Grande on April 25, 2006 approving the execution of Cooperative Agreement#05-CA-0140
between the City of Arroyo Grande and the California State Department of Transportation
(Caltrans) outlining each agency's duties and responsibilities for the Project Approval and
Environmental Determination (PA8�ED) phase of project development; and
WHEREAS, Resolution No. 4086 was adopted by the City Council of the City of Arroyo
Grande on May 27, 2008 approving Amendment No. 1 to Cooperative Agreement#05-CA-
0140, which expires on December 31, 2011; and
WHEREAS, Caltrans has prepared Amendment No. 2 to the Agreement extending the
termination date upon completion of project and a finding that all parties have met all scope,
cost, and schedule commitments included in the Agreement and have signed a cooperative
agreement closure statement, which is a document signed by parties that verifies the
completion of project; and .
WHEREAS, the City Council of the City of Arroyo Grande has reviewed Amendment No. 2
to Cooperative Agreement#05-CA-0140 a true and correct copy of which is attached hereto
as Exhibit "A" and has determined it to be adequate and complete.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande
does hereby approve Amendment No. 2 to Cooperative Agreement#05-CA-0140 between
the City of Arroyo Grande and Caltrans for the PA&ED phase of the Brisco Road-Halcyon
Road/Route 101 Interchange project and authorizes the Mayor to execute said Amendment
No. 2 to Cooperative Agreement on behalf of the City.
RESOLUTION NO. 4412 `
PAG E 2
On motion of Council Member Costello, seconded by Council Member Brown, and by the
following roll call vote, to wit:
AYES: Council Members Costello, Brown, Guthrie, Ray, and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 22"d day of November 2011.
RESOLUTION NO. yy/2.
� PAGE 3 �
TONY FE , MAYOR . .
ATTEST:
. �
KELLY TM R , CITY CLERK
APPROVED AS TO CONTENT:
� _ J
-�
STEVEN ADAMS, CITY MANAGER �
� APPROVED AS TO FORM: � . .
�� / � �
TI � THY J. �RICAEL, CITY ATTORNEY � �
�
District Agreement#05-CA-0140-A/2
Exhibit "A" 05-SLO-101-PM 13.1/14.6
05-OA3700
PA&ED— Brisco Road
AMENDMENT NO. 2 TO AGREEMENT
THIS AMENDMENT No. 2 TO AGREEMENT, ENTERED INTO
EFFECTIVE ON is between the STATE OF
CALIFORNIA, acting by and through its Department of Transportation, referred to
herein as "STATE," and
CITY OF ARROYO GRANDE,
a body politic and a municipal
� corporation of the State of
California, referred to herein as
"CITY°
RECITALS
1. The parties hereto entered into a Cooperative Agreement No. 05-CA-0140 on April 25,
2006, said Agreement defining the terms and conditions of a project consisting of
modifying interchanges and ramps from 0.4 km south of the Grand Avenue
Overcrossing to 0.5 km south of the Oak Park Overcrossing on State Route 101 in
Arroyo Grande, referred to herein as "PROJECT".
2. The parties hereto also entered into an Amendment No.1 to Agreement on June 3, 2008,
to extend the expiration date from June 30, 2008 to December 31, 2011.
3. It has been determined that PROJECT will not be completed prior to the termination
date of said Agreement. �
IT IS THEREFORE MUTUALLY AGREED
1. The termination date specified in Article 20 of Section III of said Agreement is replaced
in its entirety to read as follows:
"This Agreement will terminate upon completion of PROJECT and a finding that all
parties have met all scope, cost, and schedule commitments included in this Agreement
and have signed a cooperative agreement closure statement, which is a document
signed by parties that verifies the completion of PROJECT.
However, all indemnification, document, retention, audit, claims, environmental
commitment, legal challenge, hazardous material, operation, maintenance and
ownership articles will remain in effect until terminated or modified in writing by mutual
agreement."
2. All other terms and conditions of said Agreement shall remain in full force and effect.
3. This Amendment No.2 to Agreement is hereby deemed to be a part of said
Agreement.
� 1
District Agreement#05-CA-0140-A/2
SIGNATURES
PARTIES declare that: �
l. Each PARTY is an authorized legal entity under California state law. _
2. Each PARTY has the authority to enter into this agreement.
3. The people signing this agreement have the authority to do so on behalf of their public
agencies.
STATE OF CALIFORNIA CITY OF ARROYO GRANDE �
Department of Transportation 300 East Branch Street
Arroyo Grande, CA 93451
By:
District Director By:
RICHARD KRUMHOLZ Mayor
CERTIFIED AS TO FUNDS: Approved as to form 8 procedure:
District Budget Manager By:
City Attorney
2
OFFICIAL CERTIFICATION � �
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis � �
Obispo, State of California, do hereby certify under penalty of perjury, that the attached
Resolution No. 4412 is a true, full, and correct copy of said Resolution� passed and .
. ado�ted at a Regular meeting of the City Council of the City of Arroyo Grande on the � -
. � .22" day of�November 2011.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 23`� day of
November 2011. � �
KELLY T RE, CITY CLERK