HomeMy WebLinkAbout04-24-2025 SLOCOG Cooperative Agreement (SLO-FAST-01) Amendment No. 2SLOCOG RSTP Exchange/STBG General Cooperative Agreement page 1
San Luis Obispo Council of Governments
Agreement No. SLO-FAST-01, Amendment 2
RSTP EXHANGE/STBG COOPERATIVE AGREEMENT
THIS AGREEMENT, ENTERED INTO ON THE DATE BELOW STATED is between the San Luis
Obispo Council of Governments, referred to herein as "SLOCOG", and the
CITY OF San Luis Obispo
a municipal corporation 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 Fixing
America’s Surface Transportation (FAST Act), FAST Act § 1109(a), to enter into a Cooperative
Agreement for any transportation purpose within the CITY; and
WHEREAS, The FAST Act’s Surface Transportation Block Grant Program (STBGP)
acknowledges that this program has the most flexible eligibilities among all Federal-aid highway
programs and aligns the program’s name with how FHWA has historically administered it; and
WHEREAS, the SLOCOG Board approved allocation of regional Surface Transportation Block
Grant Program (STBGP) funds for the projects identified on the attached Table 1 (summary table)
and the STBGP Program continues all prior Surface Transportation Program (STP) eligibilities
(see in particular 23 U.S.C. 133(b)(15), as amended); and
WHEREAS, each of the individual projects identified in Table 1 are herein referred to as
“PROJECT” or jointly as “PROJECTS”; and
WHEREAS, SLOCOG intends to exchange its apportionment of Federal Surface
Transportation Block Grant Program (STBGP) funds for non-federal Regional Surface
Transportation Exchange (RSTP Exchange) funds for the PROJECTs, thereby eliminating the
non-federal fund match requirement and compliance with the National Environmental Policy Act
(NEPA); and
WHEREAS, all applicable laws, regulations, and policies relating to the use of Regional Surface
Transportation Program Exchange (RSTP Exchange) funds for the PROJECTs, shall apply
notwithstanding any other provisions of this Agreement; 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
NOW, THEREFORE, in consideration of the above noted findings and considerations, the
parties agree as follows:
1) The CITY agrees to administer 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
and City policy.
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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 SLOCOG General Programming Requirements, the 2016
Annual Exchange Agreement and subsequent STBGP annual exchange agreements
between SLOCOG and the State of California (Department of Transportation). If in the
judgment of SLOCOG a project may impact a street, road or highway owned or controlled by
a jurisdiction other than CITY (including without limitation the County, another city, or the State
of California), SLOCOG may require the CITY to establish a project development team (PDT)
composed of representatives of such jurisdictions, as well as SLOCOG.
4) The CITY agrees to construct each PROJECT in accordance with the plans and specifications
of the CITY (and Caltrans when PROJECT involves state highway facilities), and in
accordance with the conditions of funding adopted by SLOCOG.
5) The CITY agrees to maintain the facilities constructed, improved, or otherwise modified.
6) The CITY agrees to utilize, for each PROJECT, an amount of Regional or Urban RSTP
Exchange 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 account 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 billing 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
reflected in SLOCOG's RSTP Exchange 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 CITY RSTP Exchange
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. All invoices
must contain the following:
a) RSTP Exchange PROJECT number and name
b) A brief description of work accomplished during the billing period.
c) A copy of the consultant’s bill to the CITY (if 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.)
e) Amount requested for reimbursement for the billing period
10) SLOCOG agrees to reimburse the CITY within 30 days of receipt of a completed
reimbursement request form (Exhibit A) with all applicable attachments and signatures or as
funds become available on a “1st come, 1st served” basis, an amount expended by the CITY
during the invoices' billing period less the aforesaid proration. If a PROJECT receives both
Regional and Urban Regional Surface Transportation Exchange funding (referred to in
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Exhibits hereto as “Regional” and “Urban” respectively), reimbursements shall be made on a
pro rata basis from each source for SLOCOG’s share. SLOCOG's total obligation for each
PROJECT cost shall not exceed the amount shown in Table 1,” unless SLOCOG has in
writing authorized a greater amount per adopted SLOCOG policy.
11) Within two months of either the execution of this agreement or each PROJECT’s completion
and all work incidental thereto, whichever comes later, the CITY must provide SLOCOG
certification in the form provided in Exhibit B hereto, of completion in accordance with the
provisions in this Agreement, and a final invoice containing those items listed above. In the
event that final project costs are less than those listed on Table 1, hereto, the funds shall be
reallocated in accordance with SLOCOG RSTP Exchange policy Exhibit C.
12) If this project has been paid for either entirely, or in part with Regional RSTP Exchange funds,
and CITY, or any of its officials, chooses to publicly memorialize participation in said project,
then CITY shall also memorialize SLOCOG’s financial participation in said project in a manner
agreeable to SLOCOG. This paragraph shall apply to, but is not limited to, 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 and/or SLOCOG access to the CITY's books and
records for the purpose of verifying that RSTP Exchange funds paid are properly accounted
for and the proceeds are expended in accordance with the terms of this Agreement. All
documents shall be available for inspection by authorized Caltrans and/or 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 is completed or waived by Caltrans and/or
SLOCOG, whichever is later.
14) Upon completion of all work under this Agreement, ownership and title to all materials will
automatically be vested in the CITY and no further agreement will be necessary to transfer
ownership to the CITY.
15) If existing public and/or private utilities conflict 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 any protection, relocation or removal
of utilities is required, such work shall be performed in accordance with CITY policies and
procedures.
16) The CITY shall defend, indemnify and save harmless SLOCOG, its officers and employees
from all and any claims, demands, damages, costs, expenses, judgments, attorneys’ fees or
any liability arising out of this Cooperative Agreement to the performance or attempted
performance of the provisions hereof, or any project referred to in the Exhibits hereto. Nothing
contained in the foregoing indemnity provision shall be construed to require CITY to indemnify
SLOCOG against any responsibility of liability in contravention of Civil Code section 2782-
2782.8.
17) If the CITY transfers its risk connected with design or construction of this project to
independent contractors, CITY agrees to use its best efforts to obtain the independent
contractor’s inclusion of SLOCOG as an indemnitee and in any insurance procured by such
independent contractor(s) for the project, to name SLOCOG as an additional insured.
18) Both the CITY and SLOCOG shall designate a Project Coordinator who shall represent the
respective agencies and through whom all communications between the parties to this
agreement shall occur.
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19)Both parties agree that if, in the course of carrying out the PROJECT, there is a disagreement
among the Project Coordinators over the direction of the project, the matter will be forwarded
through a three step conflict resolution process. First, resolution will be attempted between
the CITY Manager and SLOCOG Executive Director. If a dispute continues, a determination
shall be made by the SLOCOG Executive Committee, and, if required, final determination by
the full SLOCOG Board.
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 the legal liability of either party of
the Agreement by imposing any standard of care with respect to the maintenance of local
roads different from the standard of care imposed by law.
21)No alteration or variation of the terms of this Agreement shall be valid unless made in writing
and signed by the parties thereto, and no oral understanding or agreement not incorporated
herein or in the attached Table 1 shall be binding on any of the parties thereto.
22)This Agreement may be terminated or provisions contained therein may be altered, changed,
or amended by mutual consent, in writing, of the parties hereto.
23)Prior to award of a contract 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 reasonably incurred by the CITY prior to termination. Also,
prior to award of a contract for any PROJECT, the CITY may terminate the applicable
PROJECT in the Cooperative Agreement by written notice, provided the CITY pays SLOCOG
for all costs reasonably incurred by SLOCOG prior to termination.
SIGNATURES:
CITY OF SAN LUIS OBISPO SAN LUIS OBISPO COUNCIL OF
GOVERNMENTS
By: _____________________________ By: ________________________________
Whitney McDonald, City Manager Peter Rodgers, Executive Director
Date: ___________________________ Date: _____________________________
ATTEST:
By: ____________________________________
Teresa Purrington, City Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By: ______________________________
Christine Dietrick, City Attorney
Date: _____________________________
By:________________________________
Jenna Morton, SLOCOG Counsel
Date: _____________________________
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4/21/2025 | 11:16 AM PDT
4/23/2025 | 10:01 AM PDT
4/23/2025 | 5:29 PM PDT
4/24/2025 | 12:17 PM PDT
SLOCOG RSTP Exchange/STBG General Cooperative Agreement page 5
TABLE 1
CITY OF SAN LUIS OBISPO PROJECTS
for
Agreement No. SLO-FAST-01, Amendment 2
SLOCOG# Program Project Name Programmed Balance
*SMAPSL02R RSHA
Railroad Safety Trail -
Taft to Pepper Segment
- ATP-5016(057)
$300,000 $300,000
*SMAPSL03R RSHA
Signal & Intersection
Improvements Citywide
(Tank Farm/Orcutt
Roundabout)
$370,000 $370,000
SMAPCG27R RHSA
SAFE Parking
Assistance –
Unsheltered Homeless
$40,000 $0
**SMAPSLO04R RSHA
Community
Betterments Cycle 1
(Higuera Complete
Street Project)
$703,000 $703,000
**SMAPSLO05R RSHA
Community
Betterments Cycle 2
(Higuera Complete
Street Project)
$482,000 $482,000
*SMAPSLO1U USHA
USHA - City of SLO
(FY 13/14 - 20/21)
(Tank Farm/Orcutt
Roundabout Project)
$1,430,000 $994,670
**SMAPSLO1U USHA
USHA - City of SLO
(FY 21/22 – 26/27)
(50 Higuera Widening
Project HSIPL 5016
(053))
$690,000 $690,000
**SMAPSLO1U USHA
USHA - City of SLO
(FY 21/22 – 26/27)
(Higuera Complete
Street Project)
$402,000 $402,000
**REAP 2.0-SLO REAP Higuera Complete
Street Project $1,414,910 $1,414,910
SMAPCG04R SRTS
Cycle 2
Ramona to Foothill
SRTS Path (Anholm
Phase 1) SRTS Cycle 2
$100,000 $0
*SMAPCG04R SRTS
Cycle 3
Anholm Neighborhood
Greenway Phase 1B $200,000 $200,000
Total $6,131,910 $5,556,580
*Project complete, reimbursement in progress as of 3/4/2025.
**New allocation added with SLO-FAST-01, Amendment 2. Note that City’s internal accounting shows that
$540,000 of this $690,000 has already been approved by SLOCOG Board and programmed in the City’s
capital improvement program budget, but approval these fund have not yet been captured in the SLO-
FAST-01 Cooperative Agreement for reimbursement and no funds have been expended to date.
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EXHIBIT A
San Luis Obispo Council of Governments
Regional Surface Transportation Program Exchange (RSTP Exchange)
REIMBURSEMENT REQUEST FORM
Agency Name: Date:
Contact Person:
Project Number(s): Regional: Urban:
Project Title:
This Invoice Covers Work Completed from: / / to: / /
Project Budget Information: (complete box below - refer to cooperative agreement
“Table 1” for budget information)
Total SPENT This invoice -$ When using electronic format: fill in unshaded areas only
Regional Urban
Other Sources
Non Regional TOTAL
(must equal 100%)
Reimbursement Rate by Fund
Source (must be consistent with Exhibit
A Project Sheet)
0%
Pro-rata Reimbursement by
Funding Source
(Regional/Urban)
-$ -$ -$ -$
Please send a check for $
Total RSTP Exchange share due this invoice (total of heavier shaded
boxes above)
Attachments: 1) A brief description of work completed; and
2) Consultant invoices
3) Proof of payment (e.g. copy of City check to consultant).
Signed:
(Agency Rep.)
Shaded boxes below for SLOCOG Use
Regional Planner Approval Accounting Initials
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EXHIBIT B
PROJECT COMPLETION FORM
for
RSTP Exchange Projects
This form notifies SLOCOG of project completion in accordance with the provisions in the Cooperative
Agreement noted below. Our records indicate that the project listed below, funded all or in part with RSTP
Exchange funds, has been completed:
Project Name:
Project Number(s):
Cooperative Agreement Date (Recipient Agency):
Approved RSTP amount:
I certify, on behalf of the City/County
name of authorized official
of , that the project named above was completed
name of jurisdiction
on_____________________ in accordance with the provisions set forth in the cooperative
approximate date of completion
agreement dated ___________________________. It is my understanding that all savings
date jurisdiction representative signed
from a cost underrun will be returned to for
City/County or SLOCOG
reprogramming in accordance with the cooperative agreement.
Signed: Date:
signature of authorized official date signed
Return completed and signed Project Completion Forms within 2 months of the completion of each project
to:
SLOCOG
1114 Marsh Street
San Luis Obispo, CA 93401
Attn: Stephen Hanamaikai
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EXHIBIT C
Project Eligibility by Fund Program - Project eligibility requirements by funding program are
summarized below.
I. Regional Surface Transportation Program. The Surface Transportation Program (STP)
provides flexible funding that may be used by States and localities for projects to preserve
and improve the conditions and performance on any Federal-aid highway, bridge and tunnel
projects on any public road, pedestrian and bicycle infrastructure, and transit capital
projects, including intercity bus terminals. SLOCOG’s 2014 RTP will provide guidance on
priority routes for regional funding consideration.
The STP program supports national performance goals as defined in FAST-Act, but there
are no measures tied specifically to this program. Eligible costs for funds under these
programs include pre-project initiation documents (Pre-PID), project study reports (PSR),
preliminary engineering (PE), right-of-way acquisition (RW), capital costs, and construction
costs associated with an eligible activity.
Eligible Project Activities:
• Construction, reconstruction, rehabilitation, resurfacing, restoration, preservation, or
operational improvements for highways, streets, and roads; bikeways and other surface
transportation improvements.
• Replacement, rehabilitation, and preservation of bridges on any public road, including
construction or reconstruction necessary to accommodate other modes.
• Construction of new bridges on a Federal-aid highway.
• Capital costs for transit projects eligible for assistance under chapter 53 of title 49,
including vehicles and facilities used to provide intercity passenger bus service.
• Carpool projects, fringe and corridor parking facilities and programs, including electric
and natural gas vehicle charging infrastructure, bicycle transportation and pedestrian
walkways, and ADA sidewalk modification.
• Highway and transit safety infrastructure improvements and programs, installation of
safety barriers and nets on bridges, hazard eliminations, mitigation of hazards caused by
wildlife, railway-highway grade crossings.
• Highway and transit plans research and development.
• Capital and operating costs for traffic monitoring, management and control facilities and
programs, including advanced truck stop electrification.
• Surface transportation planning.
• Transportation Alternatives; newly defined, includes most transportation enhancement
eligibilities with the exception of landscaping.
• Transportation control measures (e.g. as defined by region’s APCD Clean Air Plan)
• Development and establishment of transportation management systems.
• Environmental mitigation efforts
• Modifications to intersections with high accident rates or levels of congestion.
• Infrastructure-based ITS capital improvements consistent with the Central Coast ITS
Implementation Plan.
• Environmental restoration and pollution abatement.
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• Control of noxious weeds and establishment of native species.
• Congestion pricing projects and strategies, including electric toll collection and travel
demand management strategies and programs.
• Recreational trails projects.
• Construction of marine terminals.
• Truck parking facilities.
• Surface transportation infrastructure modifications within port terminal boundaries, only if
necessary to facilitate direct intermodal interchange, transfer, and access into and out of
the port.
• Construction and operational improvements for a minor collector in the same corridor and
in proximity to an NHS route if the improvement is more cost-effective (as determined by
a benefit-cost analysis) than an NHS improvement and will enhance NHS level of service
and regional traffic flow.
Available Funding
• Direct urban and rural apportionment up to minimum required equal to 110%, plus 15%,
of the FY 1990/91 allocation of Federal Aid Secondary (FAS) based upon 2010 census
data (initiated in 2015). Final apportionment tables will be developed for the August
2017 Board meeting.
• Regional discretionary funds of $5.0M through FY 2021.
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EXHIBIT D
General Programming Policies - All Fund Programs
SLOCOG’s 2014 Regional Transportation Plan / Sustainable Communities Strategy identifies an
overall goal to develop a multi-modal transportation system which is balanced, coordinated, safe,
cost effective, environmentally sound, economically supportive, meeting all the financially
reasonable transportation needs of all citizens in San Luis Obispo County. General programming
policies affecting the decision making and project selection of the surface transportation system
are summarized as follows:
1. SLOCOG will strive to be fair and equitable in the allocation of funding between the various
subregions in the county and among member jurisdictions.
2. SLOCOG will adhere to the federal and state statutes, policies, regulations and guidelines
applicable to each fund being allocated, and require recipients of grants to do the same.
3. SLOCOG will recommend projects for funding that are:
• Deliverable
• Consistent with the goals, policies, and programs of the 2014 Regional Transportation
Plan
• Regionally Significant
• Responsive to immediate funding and project needs
• Consistent with specific criteria of a particular funding program
• High likelihood of leveraging other funding (state, federal and/or local)
4. SLOCOG will seek to implement all programs in a timely and efficient manner.
5. SLOCOG will seek to maximize the use of the funds for general public benefit, and will marshal
other funds when possible to complete funded projects by prioritizing joint-funded projects.
6. SLOCOG will integrate social equity factors in to the decision making process by applying the
findings generated from the Disadvantaged Communities Assessment that is now amended
in to the 2014 RTP/SCS.
7. SLOCOG will, to the extent feasible, assure the integration of all projects with jurisdiction,
region and statewide transportation plans, providing a comprehensive, systematic approach
to resolving transportation problems in the region.
8. SLOCOG will retain maximum flexibility of federal programs under FAST ACT, where feasible,
and will also seek to exchange Surface Transportation Block Grant Program (STBGP)
(federal) funds for Regional Surface Transportation Program (RSTP) Exchange (state) funds,
for reasons of cost efficiency and simplicity in administration. Through the RSTP Exchange
funds ultimately become (local) funds.
9. SLOCOG will retain a continuing commitment to emphasize quality and promote excellence
in the development of competitive proposals, seeking to fund the best possible projects in
terms of cost effectiveness, public benefit and regional and local significance.
10. SLOCOG will reserve discretionary funds for advance development work to ensure regionally
significant projects are well scoped, alternatives assessed, accurate estimates prepared, and
a finance plan for implementation is developed.
11. SLOCOG will reserve off-the-top funding for programs identified in the 2014 RTP/SCS,
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including Transportation Demand Management (i.e. Rideshare), Active Transportation
Partnership Program, Highway Safety Improvement Program and Safe Routes to School.
12. SLOCOG will maintain funding commitments for existing programmed projects as long as
those projects have achieved the project delivery milestones set out at the time of
programming. Unavoidable delays to the project delivery milestones will be considered on a
case by case basis.
13. SLOCOG will commit a portion of discretionary funding to match and leverage other
competitive state-wide grant programs (e.g. new SB1 programs, State of CA Active
Transportation Program, Highway Safety Improvement Program (HSIP) for projects of
regional significance.)
14. SLOCOG may consider using the above referenced fund sources to address surface
transportation needs as identified in the June 7th 2017 SLCOOG Board Staff Report item B-3
2018 RTIP Fund Assumptions Programming Approach - Table 2 Sections 1, 2, and 3, and
defer the programming of funds on needs identified in Section 4 (Other Multi-Modal Needs,
including bicycle, pedestrian, and public transit related needs).
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