R 3969
RESOLUTION NO. 3969
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE AUTHORIZING THE MAYOR TO
EXECUTE SAN LUIS OBISPO COUNCIL OF
GOVERNMENTS SHA/STP COOPERATIVE AGREEMENT
NO. AG~STL-01
WHEREAS, the SL080G Board approved allocation of Urban State Highway Account
(SHA), Regional State Highway Account (SHA), and of Safe Accountable Flexible
Efficient (SAFE) funds for the projects within the City; and,
WHEREAS, SLOCOG intends to exchange its apportionment of Federal Surface
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Transportation Program (STP) funds for State Highway Account (SHA) funds for the
projects within the City, therefore eliminating the non-federal match and compliance with
the National Environmental Policy Act (NEPA); and,
WHEREAS, the City and SLOCOG are authorized, pursuant to the requirements of the
Transportation Equity Act for the 21st Century (TEA21) and State Statutes enacted by
Senate Bill 45 (1997)'; to enter into a Cooperative Agreement for any transportation
purpose within the Cit,;; and,
,
,
WHEREAS, the City and SLOCOG are authorized, pursuant to the requirements of the
Safe, Accountable, Flexible. Efficient Transportation Equity Act: A Legacy For Users
(STL), and State Statutes enacted by SB 45 (1997), to enter into a Cooperative
,
Agreement for any transportation purpose within the City.
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,
NOW, THEREFORE, ,BE IT RESOLVED that the City Council of the City of Arroyo
Grande does hereby:
1. Approve Exhibit 1 attached, entitled "San Luis Obispo Council of Governments
SHA/STP Cooperative Agreement No. AG-STL-01".
2. Appoint the Mayor as the official representative authorized to sign San Luis
Obispo Council :Of Governments SHA/STP Cooperative Agreement No. AG-STL-
01.
On motion of Council Member Dickens, seconded by Council Member Arnold. and by
the following roll call vote, to wit:
\:
AYES:
NOES:
ABSENT:
Council Members Dickens, Arnold, Guthrie, and Mayor Ferrara
None
Council Member Costello
the foregoing Resolution was passed and adopted this 14th day of November, 2006.
RESOLUTION NO. 3969
PAGE 2
TON~F~
ATTEST:
..~
APPROVED AS TO CONTENT:
~---_...
.," _ /: _:;;;7 . ., :
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STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TTORNEY
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RESOLUTION NO. 3969
PAGE 21
San Luis Obispo Council of Governments
Agreement No. AG-STL" 01
SHAlSTP COOPERATIVE AGREEMENT
THIS AGREEMENT, ENTERED INTO ON THE DATE BELOW STATED is between the San Luis Obispo
Council of Governments, referred to herein as "SLOCOO", and the
ARROYO GRANDE
a municipal corporal ion and
political subdivision of the
State of California, referred
to herein as the "CITY".
RECITALS
WHEREAS, SLOCOG and the CITY are authorized, pursuant to requirements of the Safe. Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users (STLl, and State Statutes enacted by SB
45 (1997). to enter into a Cooperative Agreement for any transportation purpose within the CITY. and
,
WHEREAS, Ihe SLOCOG Board approved allocation of regional Surface Transportallon Program (STP)
funds for the projects identi~ed on the allached Table 1 (summary table and project summary sheels) and
each of the individual project is herein referred 10 as "PROJECT"; and
WHEREAS, SLOCOG intends to exchange its apportionment of Federal Surface Transportalion
Program (STP) funds for State Highway Account (SHA) funds for the PROJECTs, therefore eliminating the
non-federal malch and compliance with the National Environmental Policy Act (NEPAl; and
WHEREAS, all applicable laws. regulations, and policies relating to the use of State Highway Account
(SHA) funds for the PROJECTs, including "funds at work" insignia informalion, shall apply notWithstanding
any other provisions of this ~greemenl; and
WHEREAS, all obligations of the CITY under the terms of this Agreement are subject to funding
appropriation by the Legislature, and the receipt and allocation of funding by SLOCOG; and
WHEREAS, Agreement ~o. SLO-TEA21-01 and all associaled amendments remain In full effect
NOW, THEREFORE, in consideration of the above noted findings and considerallons, the parties agree
as follows: '
1) The CITY agrees to adminisler each PROJECT and conduct the applicable environmental process
required under the California Environmental Quality Act (CEQA) for each PROJECT.
2) The CITY agrees to advertise, open and review bids, and to award the contract for each applicable
PROJECT (or combination of projects) as needed, in accordance with State laws.
3) The CITY agrees that all phases of each PROJECT will be developed in accordance with policies,
procedures, practices, 'standards, regulations, and laws that apply to the CITY, Caltrans (where
appropriate). and SLOc;OG including but not limited to the applicable requirements included in Exhibit
o (Attached herelo), the April 13, 2006 annual exchange agreement between SLOCOG and the Slale
of California (Department of Transportation. If in Ihe judgment of SLOCOG a project may impacl a
stree~ road or highway owned or controlled by a jurisdiction other than CITY (including without
limitation the County, another clly, or the Slate of California), SLOCOG may require the CITY to
establish a project development team (PDT) composed of representatives of such jurisdictions, as weil
as SLOCOG.
4) The CITY agrees to construct eacih PROJECT in accordance with the plans and speclficalions of the
CITY (and Caltrans wtien PROJECT involves state highway facilities), and in accordance With Ihe
conditions of funding adppled by SLOCOG.
SLOCOG
SHAlSTP General Cooperative Agreement
page 1
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RESOLUTION NO. 3969
PAGE l.i
5) The CITY agrees 10 maintain the facilities constructed, Improved, or otherwise modified.
6) The CITY agrees to utilize, for each PROJECT, an amount of Regional or Urban SHA funds equal to
or less than that adopted by SLOCOG, and that SLOCOG's total obligation shall not exceed the
amounts shown In Table 1 unless a greater amount has been authorized in advance in writing by
SLOCOG.
7) The CITY agrees to a<;count for all costs for the PROJECTS to be paid by SLOCOG pursuant to this
Agreement and agrees to perform all the reimbursable work for each project according to the biiling
period identified in the project summary sheets.
8) After the opening of bids on applicable PROJECTS, the CITY shall notify SLOCOG of any cost
overruns or underruns to the original cost estimate. The following will be assumed and retlected in
SLOCOG's SHA accounting spreadsheets;
a) If less funding than what was programmed is required for a PROJECT, the cost savings will be
made available for, reprogramming into another CITY project as approved by SLOCOG.
b) If more funding than what was programmed is required for a PROJECT, the CITY will be solely
responsible for providing the additional funding, which can be comprised of various non-regional
funding sources, including cost savings from other CtTY SHA projects.
9) The CITY may submit an invoice for reimbursement of funds expended for each PROJECT no more
than once a month, using the attached Reimbursement Request Form (Exhibit A). All Payments will
be prorated between CITY and SLOCOG based on the agreed,percentages of funding, as adopted by
SLOCOG and listed on'each project summary sheet (EXhibits A~ through A.3, attached hereto), As
identified in Exhibit A, all invoices must contain the following;
a. SHA PROJECT number and name
b. A brief descripllon1of work accomplished during the billing period.
c. A copy of !he consultanr. bill to the CITY (K applicable).
d. Amount expended by the CITY during the billing period, with evidence of funds expended (e.g.
a copy of a CITY check to consultant or accounting documentation, etc,)
c. The pro-rata share reimbursement rate for the PROJECT as specified on the project summary sheet
t. Amount requested!for reimbursement for the billing period
10) SLOCOG agrees to reimburse the CITY within 30 days of receipt at a completed reimbursement
request form (Exhibit A) with all applicable attachments and signatures or as funds become available
on a "1" come, 1" serv~d. basis, an amount expended by the CITY during Ihe invoices' billing period
less the aforesaid proration. If a PROJECT receives both Regional and Urban Stale Highway Account
funding (referred to in Exhibits herelo as "RSHA" and "USHA" respectively), reimbursements shall be
made on a pro rata basis from each source for SLOCOG's share. SLOCOG's lotal obligation far each
PROJECT casl shall not exceed the amount shawn in Table 1 as the "Approved $ Amounl," unless
SLOCOG has in writing:authorized a greater amount per adopted SLOCOG policy.
11) Within two months of each PROJECT's completion and all work Incidental thereto, the CiTY musl
provide SLOCOG certification in the form provided in Exhibit B hereto, of completion in accordance
with the provisions in this Agreement, and a finai Invoice containing Ihose Items listed above. In the
event that final project costs are less than those listed as "Total Project Cost" on Table 1, hereto. the
funds shall be reallocal~d in accordance with item #8 above.
12) If this project has been paid for either entirely, or in part with Regional SHA funds, and CITY, or any of
its officials, chooses to publicly memorialize participation in said project, then CITY shall also
memorialize SLOCQG's financial participation in said projact in a manner agreeable to SLOCOG.
This paragraph shall apply to, but is not limited 10, signage during construction, representation at
dedications and placement of plaques or other objects of memorialization, whether at or near the
project site or not. '
13) The CITY grants to the State of California andlor SLOCOG access to the CITY's books and records
for the purpose 01 verifying that SHA funds paid are properly accounted far and the proceeds are
expended in' accordance with the terms or this Agreement. All ~acuments shall be available for
inspection by authorized Caltrans andlor SLOCOG agents at any time during the PROJECT
development and for a four-year period from the date of completion, or for one year after the audit ;s
SLOCOG
SHAlSTP General Cooperative Agreement
page 2
F
RESOLUTION NO. 3969
PAGE 5" I:
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completed or waived by: Callrans and/or SLOCOG. whichever is later.
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14) Upon completion of all work under this Agreement. ownership and tille to all malerials will
automalically be vested. in the CITY and no further agreement will be necessary to transfer ownership
to the CITY. Ii
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15) If existing public andlor, private utilities conOlct with the PROJECT construction or violate the CITY's
encroachment policy (as applicable). the CITY shall make all necessary arrangements with the
owners of such utilities for their protection. relocation or removal. The CITY shall review the plans for
protection, relocation or removal. If there are costs of such protection. retocation, or, removal which
the CITY must legally pay, the CITY shall pay the cost of said protection, relocation or removal, plus
cost of engineering, oVerhead and inspection. If any protection, relocation or removal of utilities is
required, such work shall be performed in.accordance with CITY policy and procedure.
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16} The CITY shall defend!; Indemnify and save harmless SLOCOG, jts officers and employees from all
and any claims, demands, damages, costs, expenses, judgments, attorneys' fees or any liabilily
arising out of this Cooperative Agreement to the performance or attempted performance of the
provisions hereof, or any project referred \0 in the Exhibits hereto. Nothing contained in Ihe foregoing
indemnity provision shall be construed to require CITY to indemnify SLOCOG against any
responsibility of liability in contravention of Civil Code section 2782.
"
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17) lithe CITY transfers its risk connected with design or construction of this project to independenl
contractors, CITY agrees to use lis best efforts to obtain the independent contracto(s indusion of
SLOCOG as an indemnitee and in any insurance procured by such independent contractor(s} lor the
project, to name SLOC0G as an additional insured.
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18) Both the CITY and SLo;COG shall designate a Project Coordinator who shall represenlthe respective
agencies and Ihrough whom all. communications between the parties to this agreement shall occur.
II
19) Both parties agree that if, in the course of carrying out the PROJECT, there is a disagreement among
the Project Coordinalors over the direction of the project. the matler will be forwarded through a three
step conOict resolution process. First. resolution will be atlempted between the CITY Manager and
SLOCOG Executive Director. If a dispute continues. a determination shall be made by the SLOCOG
Executive Committee, and, n required, final determination by the full SLOCOG Board.
. II
20) Nothing in the provisions of this Agreement is intended to create duties, obligations, or rights for third
parties not signatories to this Agreement or affect lhe,legalliability of either party of the Agreement by
imposing any stendard liof care with respect 10 the maintenance of local roads different from the
standard of care impose\! by law.
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21) No alleration or variatl6h Of the terms of this Agreement shall be valid unless .made in writing and
signed by the parties th:~reto. and no oral understanding or agreement not incorporated herein or in
the attached Table 1 shall be binding on any of the parties thereto.
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22) This Agreement may oil terminated or provisions contained therein may be altered, changed. or
amended by mutual consent, in writing, of the parties hereto.
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23} Prior to award of a contiact for any PROJECT, SLOCOG may terminate the applicable PROJECT in
the Cooperative Agreement by written notice. provided SLOCOG pays the CITY for all PROJECT.
related costs reasonabl~ incurred by the CITY prior to termination. Also, prior to award of a contracl
for any PROJECT, the CITY may terminate the applicable PROJECT in the Cooperative Agreement
by written notice, provid,ed the CITY pays SLOCOG for all costs reasonably incurred by SLOCOG
prior to lannination. h
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SLOCOG
SHAlSTP General Cooperalive Agreement
page 3
RESOLUTION NO. 3969
PAGE lp ,
SIGNATURES:
CITY OF ARROYO GRANDE
By:
-,I .r:. ,;\ , ,~
Lc .","" u, '. "
.-.... -..I\."L._...1-f'~~'''-_.'_'''_..'
Tony Ferrara, Mayor:
Date:
R()I~,I:(1 De Carli, EXt:culiye Dir(~clel
S:ln LUIs Obi~po Council of C()v(;rnl1lcl\(~
ATTEST:
By:
.CityCler1<
By:
0/Y r.tf,{-(~S~:~-
. ~ ca.;),~e~~~:~e;"
APPROVED AS TO FORM AND LEGAL EFFECT:
BY:
City Morney
O<Jled:
q. ;)-(, '- () C,
Date:
SLOCOG
SHAlSTP General Cooperative Agreement
page 4
RESOLUTION NO. 3969
PAGE i
EXHIBIT A
San Luis Obispo Council of Governments
I State Highway Account (SHA)
REIMBURSEMENT REQUEST FORM
Agency Name:
Date:
Contact Person:
Project Number(s): RSHA:
USHA:
Project Title:
This Invoice Covers Work Completed from:
I
10;
Project Budgetlnformalion: (complete box below. refer to cooperative agreement
"Table 1" for budget'lnformation)
,
Total SPENT This Invoice:
When U$l electronic formal: fill in unshaded areas onl
TOTAL
fmust ual100%
R nal sHA
ReimbuBement Rate by Fund
Soun::;e (must be consistent with ~bit
AProjlld Sheel)
0%
Pro-rata Reimbursement ~y $
Funding Source (RSHNUSHA)
- $
. $
- $
Please send a check for $
Total SHA share due this invoice Itotal of heavier shaded boxes abova)
Attachments:
1) A brie.f description of work completed; and
2) Consultant invoices
3) Proof of payment (e.g. copy of City check to consultant).
Signed:
(Agency Kep.)
Shaded bo)l,es be\ow for SLOCOG Use
I
KegtOnal t-'181YM!lr Approval
ACCOUnl1ng ImU.Us
SLOCOG
SHNSTP General Cooperalive Agreement
page 5
RESOLUTION NO. 3969
PAGE '0 '
EXHIBIT B
PROJECT COMPLETION FORM
for
SHA Projects
This lorm nolifies SLOCOG 01 project completion in accordance with Ihe provisions in the Cooperalive
Agreement noted below. Our records indicate thet the projecllisted below, funded all or ;n part wHh SHA
funds, has been completed:
Project Name:
Project Number(s):
Cooperative Agree~ent Oale (Recipient Agency):
Approved SHA amount:
certify, on behalf of the City/County
n8me 01 authorized official
of
that the projecI named above was completed
name of Jurisdiction
on
;n eccordance wHh the provis;ons set forth In the cooperative
approximate dale of,completion
agreement daled
. It is my understanding that all sa vlngs
dale Jurisdiction repres.entahv8 aig09d
from a cost underrun will be returned to
for
city/county or SLOCOG
reprogramming in accordance with the cooperative agreement.
Signed:
Date:
sig~ture of, authOrized offtclal
date Signed
Return completed and signed Project Completion Fonns within 2 months of the completion of each project
10:
SLOCOG
'150 Osos Street. Suite 202
San Luis Obispo, CA 93401
Attn: Darren Brown
SLOCOG
SHAlSTP General Cooperative Agreement
page 6
RESOLUTION NO. 3969
PAGE q
Table 1 (RSTP State Exchange Funds) - 2006 Traneportatlon Improvement Program
, San LuIs Obispo Region (in $0005)
Arroyo Grande, City of
MPO 10: 22300000008 , RSTP #. STLAG01 R RTlP #. 07-00
TITLE: Brisco Rd/Grand Ave_ Inlerc~ange Improvements
DESCRIPTION: In AG, design the irrypfOvements to the Brisco Road and the Grand Ave Interchanges with Route 101 This
project (coupled wjt~ 101 Operational Improvements 1C) will improve operations on NB 101 between Grand
Ave. and Camino M~fcado, at the 3 interchanges, on W. Branch, at the Brisco Road undercrossing and
various intersections.
CHANGE REASON: Carry over 11'0"-, 04-17, Change project description, RegKmaUy Signficant Project. Future Need fOJ
'nformatlon Purposes Only
TOTAL PRIOR 06107 07/08 08109 09/10 10(11 PE RW CON
Future Funds $11,083 $11,063 11.266 $9.017
RSTP-RSHA !;$482 $182 $300 $0482
TOTAL $11,585 $182 $300 $11.083 $482 $1,266 n,817
COMMENTS: RSTP Progrom 04-17 (June 2006); OthorCOG Board aa;ons (2/4/04, 4f7J04. 1/12105). RSTP#-STLAG01R
MPO 10: 2230??oo039 , RSTP #. STLAG03U RTIP #: 07-00
TITLE. Eligible local street and road rehab and maintenance
DESCRIPTION: Road maintenanc, Per pavement management system and city priorities on eligibkt routes.
CHANGE REASON: Carry over 'rori, 04-17, Revise Funding. Revise Between Fiscal Years
TOTAL PRIOR 06/07 07108 08/09 09110 10/11 PE RW CON
RSTP-USHA !1368 $184 118' , 536e.
TOTAL ;$368 $184 $184 $368
COMMENTS. RSTP Program 04-17(June 2006): Other COG Board octions (2/4/04, 4f7J04, 1112/05. RSTP#-STLAG03U
MPO ID: 22300000052 RSTP # STLAG04R RTIP # C7-00
TITLE. Village Enhancements (ITS -x-walks, 227, Creekside)
DESCRIPTION: This project will enh:~nce the overall character of the Village, improve safety and mobility for pedestrians.
maintain and impro~e traffic flow, and provide beautification in an area with economic strengttl and
potential, ,.
CHANGE REASON: Carry over fro";l 04-17
TOTAL PRIOR 06107 DUD8 08/09 09110 10111 PE RW CON
loc Funds - SAFE i $120 $120 :5120
R5TP-RSHA ' $586 $588 $588
TOTAl.. :' $708 170e $708
COMMENTS: RSTP Program 04-17 (June 2006). RSTP~STLAG04R
MPO 10: 22300000057 , RSTP #: STLAG02U RTIP #: 07-00
TITLE: Valley Gardens Improvemen"
DESCRIPTION: Volley Go"'e" impr?vements.
CHANGE REASON: Carry over from 04-17
TOTAL PRIOR 06107 07108 0810. 09110 10111 PE RW CON
RSTP-U5HA i $50 $'0 $.0
TOTAL $50 $50 ISO
COMMENTS: RSTP Program 04-17; Prior COG Board actions (2/4104, 417104, 1112105).1 RSTP#.STLAG02U
P.g.1
vw,dn..d.y September 20. 2006
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. 3969 i~ a true, full, and correct copy of said Resolution passed and
adopted at a regular meeting of the City Council/Redevelopment Agency of the City of
Arroyo Grande on the 14th day of November 2006.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 16th day of
November 2006.