R 4086RESOLUTION N0.4086
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING AMENDMENT. NO. 1 TO
COOPERATIVE AGREEMENT #05-CA-0140 FOR
DEVELOPMENT OF THE BRISCO ROAD-HALCYON
ROAD/ROUTE 101 INTERCHANGE PROJECT THROUGH
PROJECT APPROVAL AND ENVIRONMENTAL
DETERMINATION (PA&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 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 April25, 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 (PA&ED) phase of project development; and
WHEREAS, Cooperative Agreement #05-CA-0140 expires on June 30, 2008, and Caltrans
has prepared Amendment No. 1 to the Agreement extending the termination date from
June 30, 2008 to December 31, 2011.; and
WHEREAS, the City Council of the City of Arroyo Grande has reviewed Amendment No. 1
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. 1 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. 1 to Cooperative Agreement on behalf of the City.
On motion of Council Member Guthrie, seconded by Council Member Arnold, and by the
following roll call vote, to wit:
AYES: Council Members Guthrie, Arnold, Costello, Fellows, and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 27~' day of May 2008.
RESOLUTION NO. N°SCa
PAGE 2
TONY FER AYOR
ATTEST:
KELLY W .TM E, CITY CLERK
APPROVED AS TO CONTENT:
STC~N ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TI THY RMEL, CITY ATTORNEY
EX1'~j~BIT ,A District Agreement #05-CA-0140-A/1
05-SLO-101-PM 13.1/14.6
05-0A3700
PA&ED - Brisco
THIS AMENDMENT No. 1 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'
(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) New language has been developed to replace Articles 17 and 18 of Section III since the
original Agreement was written.
(3) It has been determined that PROJECT will not achieve Project Approval and Environmental
Documentation (PA&ED) prior to the termination date of said Agreement.
(1) Article 17 of Section III is replaced in its entirety to read:
"Neither STATE nor any officer or employee thereof is responsible for any injury, damage, or
liability occurring by reason of anything done or omitted to be done by CITY under or in
connection with any work, authority, or jurisdiction conferred upon CITY or arising under this
agreement. It is understood and agreed that, CITY will fully defend, indemnify, and save
harmless STATE and all of its officers and employees from all claims, suits, or actions of every
name, kind and description brought forth under, including, but not limited to, tortious,
contractual, inverse condemnation; or other theories or assertions of liability occurring by
reason of anything done or omitted to be done by CITY under this agreement.
Page 1 of 3
(2) Article 18 of Section III is replaced in its entirety to read:
District Agreement #05-CA-0140-A/1
"Neither CITY nor any officer or employee thereof is responsible for any injury, damage, or
liability occurring by reason of anything done or omitted to be done by STATE under or in
connection with any work, authority, orjurisdiction conferred upon STATE or arising under this
agreement. It is understood and agreed that, STATE will fully defend, indemnify, and save
harmless CITY and all of its officers and employees from all claims, suits, or actions of every
name, kind -and description brought forth under, including, but not limited to, tortious,
contractual, inverse condemnation, or other theories or assertions of liability occurring by
reason of anything done or omitted to be done by STATE under this agreement°.
(3) The termination date specified in Section III, Article 20 of the amended Agreement shall now
be December 31, 2011 instead of June 30, 2008.
(4) All other terms and conditions of said Agreement shall remain in full force and effect.
(5) This AMENDMENT No. 1 TO AGREEMENT is hereby deemed to be a part of Cooperative
Agreement No. 05-CA-0140.
Page 2 of 3
District Agreement f>05-CA-0140-A/1
STATE OF CALIFORNIA
Department of Transportation
WILL KEMPTON
Director
By
RICHARD KRUMHOLZ
District 5 Director
Approved as to form & procedure:
7
By ~;-
Attomey, Department of
Transportation
CITY OF ARROYO GRANDE
P. O. Box 550
Arroyo Grande, CA 93451
Certified as to financial terms & conditions:
By 2~
cco nting Ad nis rator
Certified as to funds:
By
District 5 Budget Manager
By _
Mayor
Approved as to form & procedure:
By
City Attomey
Approved as to financial terms & conditions:
By
Fiscal Officer
Approved as to content:
By
City Engineer
Page 3 of 3
OFFICIAL CERTIFICATION
1, 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. 4086 is a true, full, and correct copy of said Resolution passed and
adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 27`n
day of May 2008.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 28`n day of
May 2008.
_ L.~
KELLY W M E, CITY CLERK