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HomeMy WebLinkAboutItem 6f. Freeway Maintenance Agreement and Project Specific Maintenance Agreement with the State of California, Department of Transportation Item 6f Department: Public Works Cost Center: 5000 For Agenda of: 7/21/2026 Placement: Consent Estimated Time: N/A FROM: Aaron Floyd, Public Works & Utilities Director Prepared By: Greg Cruce, Deputy Director – Maintenance Operations SUBJECT: Freeway Maintenance Agreement and Project Specific Maintenance Agreement with the State of California, Department of Transportation RECOMMENDATION 1. Adopt a Resolution (Attachment A) titled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing execution of a Freeway Maintenance Agreement with Caltrans for portions of State Route 101 within the City limits”; and 2. Adopt a Resolution (Attachment B) titled, “A Resolution of the City Council of the City of San Luis Obispo, California, authorizing execution of a Project-Specific Maintenance Agreement with Caltrans for portions of State Highway Route 1 within the City limits.” POLICY CONTEXT Pursuant to Sections 100.25 and 131 of the Streets and Highways Code, local agencies may request that the State maintain traffic control signal systems on the City’s street system leading to and from the State Highway System if necessary to accommodate freeway traffic in making proper connections between the City and State roadways. These provisions authorize local agencies and Caltrans to allocate maintenance responsibilities for facilities that serve both local and state transportation functions. DISCUSSION Background The City of San Luis Obispo (City) is traversed by both State Route 101 (SR 101) and State Route 1 (SR 1), resulting in a variety of transportation facilities serving both state and local purposes. For decades, the City and the California Department of Transportation (Caltrans) have maintained agreements that assign maintenance responsibilities for roadway, bicycle, pedestrian, landscaping, and related infrastructure located within or adjacent to state highway right-of-way. The proposed agreements update and consolidate longstanding mainte nance responsibilities between the City and Caltrans. A condition of the City’s encroachment permit for the Higuera Complete Streets Project is to have an updated Freeway Maintenance Page 73 of 322 Item 6f (FMA) approved prior to the start of construction, which is supported by approximately $6.95 million in State grant funding. Caltrans utilizes different agreement mechanisms depending on the type of facility being maintained. The proposed FMA addresses maintenance responsibilities associated with SR 101 freeway facilities and local roadway connections, while the proposed Project - Specific Maintenance Agreement (PSMA) consolidates maintenance responsibilities for City-requested improvements located within SR 1 right-of-way. Together, these agreements clarify maintenance responsibilities between the City and Caltrans and support the delivery and maintenance of transportation infrastructure within the City. Freeway Maintenance Agreement (FMA) The City entered into Freeway Agreements with Caltrans in 1961 (Attachment C) and 1972 (Attachment D) related to the construction of freeway facilities and associated local roadway connections within City limits. In 1966, the City entered into an FMA (Attachment E) with Caltrans that established maintenance responsibilities for freeway-related facilities within the City. In 1991, the Council approved an amendment to the FMA that added portions of Olive and Walnut Streets connecting SR 101 and SR 1. The proposed updated FMA (Attachment F) is intended to replace or supersede the current FMA (last amended in 1991), clarify responsibilities, and support efficient maintenance operations. The proposed FMA is for areas adjacent to SR 101 from post - marker 26.5 to post-marker 30.37 within the City limits. All areas of City responsibility within the proposed FMA are clearly identified within maps in Attachment F, Exhibit A. The City did not acquire any new locations of responsibility in the proposed FMA; however, it does include an expanded area of maintenance responsibilities for the City near the Marsh Street interchange (Attachment F, Exhibit A, Location 2), reflecting the City’s use of State property for the Cerro San Luis trailhead and parking area. The proposed FMA for Council’s consideration has been drafted using the same framework as the original 1966 FMA. Additional updates include language for encampment clean-up responsibilities within assigned areas and insurance requirements. Addressing impacts of encampments (e.g., trash) within the identified areas has historically been the City's responsibility; however, the prior FMA did not specifically list this task. The table below summarizes the primary maintenance responsibilities of each agency. Facility Type City Responsibilities Caltrans Responsibilities Vehicular Overcrossings (local streets crossing over Highway 101) Bridge deck surface maintenance, drainage systems, lighting and electrical costs, sidewalks, railings, signs, pavement markings, and other traffic service facilities on the local street crossing. Structural bridge components supporting the freeway system unless specifically assigned to the City. Page 74 of 322 Item 6f Facility Type City Responsibilities Caltrans Responsibilities Walls, Soundwalls1, and Columns Graffiti removal on designated City- facing surfaces. Ownership, structural maintenance, repair, and replacement of soundwalls, walls, and columns. Graffiti removal on State-facing surfaces. Landscaped Areas Weed abatement and vegetation management within designated City- assigned areas. Maintenance of landscaped areas not assigned to the City and areas within Caltrans- maintained facilities. Bicycle Paths, Lanes, and Cycle Tracks Maintenance of bicycle facilities, including pavement markings, signage, delineators, striping, and related improvements. Not a State responsibility Unsheltered Encampments Encampment removal within designated City-assigned areas in accordance with the City's CAMP2 Standards and applicable laws. Encampment response within Caltrans-maintained areas not assigned to the City. Freeway Travel Lanes, Shoulders, Ramps, and State Highway Infrastructure Not a City responsibility. Full maintenance responsibility. (The underlined and italicized “Facility Type” in the above table are not specifically listed in the original FMA; however, the City has historically performed the associated maintenance as new facilities were installed under specific encroachment permits.) In general, the City maintains local transportation facilities that serve residents, businesses, bicyclists, and pedestrians in areas adjacent to SR 101, while Caltrans maintains the freeway system itself. Any facilities or areas not specifically assigned to the City under the agreement remain the responsibility of Caltrans. Project Specific Maintenance Agreement (PSMA) State Route 1 (SR 1) also traverses the City and is owned and maintained by Caltrans. Over the years, the City has partnered with Caltrans to construct community improvements within the State right-of-way, including landscaping, street trees, bicycle facilities, transit amenities, and wayfinding signage. Each improvement was constructed under an individual Caltrans encroachment permit or project agreement that assigned ongoing maintenance responsibility for those specific improvements to the City. Many of these agreements have expired or were associated with programs that are no longer active, including the former Clean California Program. As a result, there is currently 1 Brizzolara Street 2 Compassionate Assistance, Mitigation, and Prevention (CAMP) Standards Page 75 of 322 Item 6f no single agreement that comprehensively documents the City's main tenance responsibilities within the SR 1 corridor. The proposed PSMA (Attachment G) consolidates these existing maintenance obligations into a single agreement. It does not transfer responsibility for SR 1 to the City or create new maintenance obligations. Instead, it documents the City's responsibility for maintaining improvements that it previously requested, funded, and installed while allowing future City-requested improvements to be incorporated thro ugh amendments, if needed. Caltrans will continue to maintain SR 1, including the travel lanes, shoulders, drainage systems, highway structures, and other state transportation infrastructure. The City's responsibilities are limited to the community enhancements identified in the agreement. The table below summarizes the improvements identified in the PSMA Agreement: Example Improvement Responsibility Street trees along Santa Rosa and Walnut Street City Landscaped medians along Santa Rosa through the City limits City Transit shelters installed by the City City Bicycle lane striping and signage installed by the City City Highway 1 travel lanes, pavement, and sidewalks Caltrans Highway drainage and highway structures Caltrans The proposed PSMA provides a single, centralized framework for administering maintenance responsibilities within SR 1 right-of-way, improving clarity, coordination, and continuity between the City and Caltrans. Next Steps The FMA and PSMA presented in this staff report were prepared in coordination with Caltrans District 5 staff. Both agreements have been reviewed by the City Attorney’s Office, Risk Management, and Caltrans State Headquarters. Adoption of the resolutions will authorize the Mayor and City Manager to execute the FMA and PSMA for the identified portions of SR 101 and SR 1 within the City of San Luis Obispo. Previous Council or Advisory Body Action The following agreements or agreement amendments were approved by previous Council actions: April 17, 1961, Freeway Agreement (Attachment C) May 5, 1966, Freeway Maintenance Agreement (Attachment E) July 3, 1972, Freeway Agreement (Attachment D) November 1, 1991, Freeway Maintenance Agreement Amendment Public Engagement Page 76 of 322 Item 6f Community members will have the opportunity to review the proposed agreements following publication of the July 21, 2026 Council Agenda and may provide public comments through agenda correspondence or at the public meeting. CONCURRENCE The City’s Risk Manager concurs with the recommendation. The City Attorney’s Office approves as to form both proposed agreements. ENVIRONMENTAL REVIEW The recommended action is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301 (Existing Facilities). The proposed agreements provide for the operation, repair, maintenance, and minor alteration of existing public transportation facilities involving negligible or no expansion of existing or former use. The agreements clarify maintenance responsibilities between the City and Caltrans and do not authorize new construction or expansion of transportation facilities. FISCAL IMPACT Budgeted: N/A Budget Year: 2026-27 Funding Identified: N/A Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund $ $ $ $ State Federal Fees Other: Total $0 $ $ $0 The scope of City maintenance responsibilities remains similar to the services delivered under the existing agreement and is funded through department operating budgets or existing capital projects. No new funding is required to fulfill the proposed obligations. ALTERNATIVES Council could decide not to approve the updated agreements or direct modifications to the agreements. Council could choose not to approve the updated agreements with Caltrans, or direct changes to the agreements, which would require review and approval by Caltrans. Not approving or delaying approval of the updated agreements could impact the City’s ability to remain on schedule for the Higuera Complete Streets Project. A requirement of the grant is to have an updated Freeway Maintenance Agreement approved prior to the beginning of construction, which is anticipated for Summer 2026. Page 77 of 322 Item 6f ATTACHMENTS A - Draft Resolution Approving the Freeway Maintenance Agreement B - Draft Resolution Approving the Project-Specific Maintenance Agreement C - April 17, 1961, Freeway Agreement D - July 3, 1972, Freeway Agreement E - May 5, 1966, Freeway Maintenance Agreement F - Exhibit A – Freeway Maintenance Agreement and Map G - Exhibit B – Project Specific Maintenance Agreement and Map Page 78 of 322 R ______ RESOLUTION NO. _____ (2026 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A FREEWAY MAINTENANCE AGREEMENT WITH CALTRANS FOR THE PORTIONS OF STATE HIGHWAY ROUTE 101 WITHIN THE LIMITS OF THE CITY OF SAN LUIS OBISPO WHEREAS, the California Department of Transportation (“Caltrans”) is responsible for the construction, operation, and maintenance of the State Highway System, including freeway facilities within the City’s jurisdiction; and WHEREAS, in 1961 and 1972, Freeway Agreements were executed between the City of San Luis Obispo (“City”) and Caltrans, permitting control and maintenance over relocated or reconstructed City streets, frontage roads, and other State-constructed local roads; and WHEREAS, certain freeway improvements and appurtenant facilities within or adjacent to the City require ongoing maintenance, including but not limited to landscaping, lighting, drainage, signage, and related infrastructure; and WHEREAS, the City and Caltrans entered into a Freeway Maintenance Agreement dated May 5, 1966, related to the portions of State Route 101 within the limits of the City; and WHEREAS, the City and Caltrans amended the original Freeway Maintenance Agreement on November 5, 1991, to include additional areas; and WHEREAS, the City and Caltrans are in mutual agreement that an updated Freeway Maintenance Agreement will serve the best interests of both agencies and promote efficient maintenance operations. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that: Page 79 of 322 Resolution No. _____ (2026 Series) Page 2 R ______ SECTION 1. The Mayor and City Manager are authorized to execute the “Freeway Maintenance Agreement with the City of San Luis Obispo and Caltrans,” attached as Exhibit A. Upon motion of Council Member ___________, seconded by Council Member ___________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this 21st day of July 2026. ___________________________ Mayor Erica A. Stewart ATTEST: ______________________ Teresa Purrington City Clerk APPROVED AS TO FORM: ______________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ___________________________ Teresa Purrington City Clerk Page 80 of 322 R ______ RESOLUTION NO. _____ (2026 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A PROJECT SPECIFIC MAINTENANCE AGREEMENT WITH CALTRANS FOR THE PORTIONS OF STATE HIGHWAY ROUTE 1 WITHIN THE LIMITS OF THE CITY OF SAN LUIS OBISPO WHEREAS, the California Department of Transportation (“Caltrans”) is responsible for the construction, operation, and maintenance of the State Highway System, including freeway facilities within the City’s jurisdiction; and WHEREAS, certain highway improvements and appurtenant facilities within or adjacent to the City require ongoing maintenance, including but not limited to landscaping, bike lanes, signage, and related infrastructure; and WHEREAS, the City of San Luis Obispo (“City”) has made improvements to portions of Caltrans right-of-way along portions of State Route 1 within the limits of the City through encroachment Permit Agreements; and WHEREAS, the State and City are in mutual agreement that a formal Project Specific Maintenance Agreement will serve the best interest of both agencies and promote efficient maintenance operations. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that: Page 81 of 322 Resolution No. _____ (2026 Series) Page 2 R ______ SECTION 1. The Mayor and City Manage are authorized to execute the “Project Specific Maintenance Agreement with the City of San Luis Obispo and Caltrans,” attached as Exhibit 1. Upon motion of Council Member ___________, seconded by Council Member ___________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this 21st day of July 2026. ___________________________ Mayor Erica A. Stewart ATTEST: ______________________ Teresa Purrington City Clerk APPROVED AS TO FORM: ______________________ J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________. ___________________________ Teresa Purrington City Clerk Page 82 of 322 Page 83 of 322 Page 84 of 322 Page 85 of 322 Page 86 of 322 Page 87 of 322 Page 88 of 322 Page 89 of 322 Page 90 of 322 Page 91 of 322 Page 92 of 322 Page 93 of 322 Page 94 of 322 Page 95 of 322 Page 96 of 322 Page 97 of 322 Page 98 of 322 Page 99 of 322 Page 100 of 322 Page 101 of 322 Page 102 of 322 Page 103 of 322 Page 104 of 322 Page 105 of 322 Page 106 of 322 Page 107 of 322 Page 108 of 322 Page 109 of 322 Page 110 of 322 March 25, 2026 TR #05-6-HB21 SLO-101-26.5/30.37 – City of SLO FMA 1 FREEWAY MAINTENANCE AGREEMENT WITH CITY OF SAN LUIS OBISPO THIS AGREEMENT is made effective this ______ day of ____________, 20__, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as “STATE” and the CITY of SAN LUIS OBISPO; hereinafter referred to as “CITY” and collectively referred to as “PARTIES”. SECTION I RECITALS 1. On April 17, 1961, a Freeway Agreement was executed between CITY and STATE, wherein the PARTIES consented to certain adjustments of the local street and road system required for the development of a portion of STATE Highway Route (SR) 101, declared a freeway, within the jurisdictional limits of the CITY; and 2. On July 3, 1972, a Freeway Agreement was executed between CITY and STATE, wherein the PARTIES consented to certain adjustments of the local street and road system required for the development of a portion of STATE Highway Route (SR) 101, declared a freeway, within the jurisdictional limits of the CITY; and 3. Recent adjustments to said freeway have now been completed, or are nearing completion, and the PARTIES hereto mutually desire to identify the maintenance responsibilities of the CITY for areas lying within those modified freeway limits; and 4. There is an existing Freeway Maintenance Agreement, with CITY dated May 5, 1966, amended on November 15, 1991. This Agreement is meant to replace or supersede the earlier agreement. NOW THEREFORE IT IS AGREED: SECTION II AGREEMENT 1. PARTIES agree this Agreement shall supersede in its entirety the said Freeway Maintenance Agreement executed by PARTIES on May 5, 1966, and as amended on November 15, 1991. 2. Pursuant to Section 3 of April 17, 1961, and Section 4 of the July 3, 1972 Freeway Agreements, CITY has resumed or will resume control and maintenance over each of the relocated or reconstructed CITY roads, frontage roads, and other Page 111 of 322 March 25, 2026 TR #05-6-HB21 SLO-101-26.5/30.37 – City of SLO FMA 2 STATE constructed local roads, except for any portion which is adopted by STATE as a part of the freeway proper. 3. The degree or extent of maintenance work to be performed, and the standards, therefore, shall be in accordance with the provisions of Section 27 of the Streets and Highways Code and the current edition of the State Maintenance Manual. 4. CITY agrees to continue their control and maintenance of each of the affected relocated or reconstructed CITY streets and roads as shown on that attached hereto, Exhibit A and made a part hereof by this reference. 5. When another planned future improvement has been constructed and/or a minor revision has been effected within the limits of the freeway herein described which will affect the PARTIES’ maintenance responsibility as described herein, and there is mutual agreement on a change in the maintenance responsibilities between PARTIES, the PARTIES can revise the Exhibit A by a mutual written- execution of each of the exhibits. 6. CITY must obtain the necessary Encroachment Permits from STATE’s District 5 Encroachment Permit Office prior to entering STATE right of way to perform CITY maintenance responsibilities. This permit will be issued at no cost to CITY. 7. VEHICULAR OVERCROSSINGS 7.1. CITY will maintain, at CITY expense, the deck wearing surface and structural drainage system (and shall perform such work as may be necessary to ensure an impervious and/or otherwise suitable surface) and all portions of the structure above the bridge deck of a vehicular overcrossing, including, but without limitation, lighting installations (including all electrical costs), drainage facilities, as well as all traffic service facilities (sidewalks, signs, pavement markings, bridge rails, etc.) that may be required for the benefit or control of traffic using that overcrossing. 7.2. As directed by section 92.6 of the Streets and Highways Code, at locations determined by STATE, screening shall be placed on STATE freeway overpasses on which pedestrians are allowed. All screens installed under this program will be maintained by STATE, at STATE expense. 8. VEHICULAR AND PEDESTRIAN UNDERCROSSINGS Page 112 of 322 March 25, 2026 TR #05-6-HB21 SLO-101-26.5/30.37 – City of SLO FMA 3 8.1. CITY will maintain the CITY paved roadway sections as shown on Exhibit A, including the traveled way, shoulders, curbs, sidewalks, wall surfaces (including eliminating graffiti), drainage installations, lighting installations (including all electrical costs) and traffic service facilities that may be required for the benefit or control of traffic using that undercrossing. 8.2. CITY will request STATE’s District Encroachment Permit Engineer to issue the necessary Encroachment Permit for any proposed change in minimum vertical clearances between CITY roadway surface and the structure that results from modifications to the roadway (except when said modifications are made by STATE). If the planned modifications will result in a reduction in the minimum clearance within the traveled way, an estimate of the clearance reduction must be provided to STATE’s Transportation Permit Engineer prior to starting work. Upon completion of that work, a vertical clearance diagram will be furnished to STATE’s Transportation Permit Engineer that shows revised minimum clearances for all affected movements of traffic, both at the edges of the traveled way and at points of minimum clearance within the traveled way. 9. WALLS, SOUNDWALLS, AND COLUMNS – CITY is responsible for debris removal, cleaning, and painting to keep CITY's side of any wall structure or column free of debris, dirt, and graffiti. 10. LANDSCAPED AREAS - CITY is responsible for the maintenance of any plantings or other types of roadside improvements lying outside of the fenced area restricting walk-on access to the freeway. CITY agrees to control weeds at a level acceptable to the STATE. Any weed control performed by chemical weed sprays (herbicides) shall comply with all laws, rules, and regulations established by the California Department of Food and Agriculture. All chemical spray operations shall be reported quarterly (Form LA17) to the STATE to: District 05 Maintenance at 50 Higuera Street, San Luis Obispo, CA 93401. 11. INTERCHANGE OPERATION - It is STATE’s responsibility to provide efficient operation of freeway interchanges, including ramp connections to local streets and roads. 12. ELECTRICALLY OPERATED TRAFFIC CONTROL DEVICES A separate “Shared Cost Electrical Agreement” has been executed allocating costs between parties. Page 113 of 322 March 25, 2026 TR #05-6-HB21 SLO-101-26.5/30.37 – City of SLO FMA 4 13. BICYCLE PATHS, LANES, AND CYCLE TRACKS - CITY is solely responsible for all improvements, including but not limited to the delineation, paving, supportive structural components and bridges (excluding vehicular and pedestrian overcrossings), aggregate base shoulder, retaining walls, all railings, bollards, flexible barriers, curbs, storm water control measures, all fences, guard railing, drainage facilities, and slope and structural adequacy and any plantings or other types of roadside development installed as part of the project located and constructed within CITY jurisdiction in STATE's right of way as depicted in Exhibit A. CITY will maintain, at CITY expense, a safe facility for bicycle and pedestrian travel along the entire length of the path/lane/cycle track by providing sweeping and debris removal when necessary; and all signing and striping, and pavement markings (including green paint), electrical facilities (solar or otherwise) required for the direction and operation of that non-motorized facility. CITY shall perform routine structural and maintenance inspections and repair, replace or complete other improvements necessary to ensure the path/lane/cycle track retains its integrity for the safety of the public using this/these structure(s) and travelers using STATE ROW. 14. GRAFFITI REMOVAL - CITY, at CITY’S sole cost and expense, shall remove all graffiti from areas and facilities described as CITY maintained in this Agreement. CITY is solely responsible for ensuring that any graffiti that in any way resembles a mural, artwork, paintings, or other similar elements shall not be removed without the written authorization of STATE. Graffiti removal must protect air and water quality as required by law. CITY shall conform to the terms stated in STATE’s Maintenance Manual, Volume 1, Family D Chapter, D1.07. 15. UNSHELTERED ENCAMPMENTS – CITY shall remove Persons Experiencing Homelessness (PEH) and any structures, personal property, debris, and/or other items related to the encampment from the locations shown as CITY maintained in Exhibit A subject to applicable State and Federal law. Notwithstanding the terms of this agreement, CITY can also comply with applicable municipal ordinances and policies as long as they are not in conflict with, and meet or exceed, State laws, policies, procedures, and specifications – including, but not limited to, those standards and procedures intended to safeguard the interest of Persons Experiencing Homelessness. CITY shall seek law enforcement presence when dealing with encampments as they see fit. Page 114 of 322 March 25, 2026 TR #05-6-HB21 SLO-101-26.5/30.37 – City of SLO FMA 5 Nothing in this AGREEMENT grants or waives the right of California Highway Patrol (CHP) and other law enforcement agencies having jurisdiction over the locations shown in Exhibit A. 16. LEGAL RELATIONS AND RESPONSIBILITIES 16.1. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not PARTIES to this Agreement or to affect the legal liability of a PARTY to the Agreement by imposing any standard of care with respect to the operation and maintenance of STATE highways and local facilities different from the standard of care imposed by law. 16.2. 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 or jurisdiction conferred upon STATE arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and their officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement. 16.3. 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 and arising under this Agreement. It is understood and agreed that CITY shall 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, tortuous, 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. 17. PREVAILING WAGES: 17.1. Labor Code Compliance – If the work performed under this Agreement is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public works" in that it is construction, alteration, demolition, Page 115 of 322 March 25, 2026 TR #05-6-HB21 SLO-101-26.5/30.37 – City of SLO FMA 6 installation, or repair; or maintenance work under Labor Code section 1771, CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements in its contracts for public works. Work performed by CITY's own forces is exempt from the Labor Code's Prevailing Wage requirements. 17.2. Requirements in Subcontracts - CITY shall require its contractors to include prevailing wage requirements in all subcontracts when the work to be performed by the subcontractor under this Agreement is a "public works" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts. 18. INSURANCE- CITY and its contractors shall maintain in force, during the term of this agreement, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement. 19. TERMINATION - This Agreement may be terminated by timely mutual written consent by PARTIES, and CITY’s failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by STATE. 20. TERM OF AGREEMENT - This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated at any time upon mutual consent of the PARTIES or until terminated by STATE for cause. PARTIES are empowered by Streets and Highways Code Section 114 and 130 to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement. IN WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day and year first above written. Page 116 of 322 March 25, 2026 TR #05-6-HB21 SLO-101-26.5/30.37 – City of SLO FMA 7 THE CITY OF SAN LUIS OBISPO STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION By: __________________________ Mayor By: ___________________________ Deputy District Director Maintenance District 5 Initiated and Approved By: ___________________________ City Manager ATTEST: By: __________________________ City Clerk By: __________________________ City Attorney Page 117 of 322 March 25, 2026 TR #05-6-HB21 SLO-101-26.5/30.37 – City of SLO FMA Exhibit A (Plan map identifying the applicable STATE Routes (Freeway proper) and CITY road(s) and facilities) Page 118 of 322  ! #   #     # #       #  #      #  #         #  #      #   #         #  #      #   #  #        #     # #    #   #  #        #         #  #  #        #     # #  #        #    #    #  #  #                                                                                                !  !       !   !       !   !       !   !       !  !                                                                       "#        ! !         ! !                     !      !   !         !     !    !   !   !              !      !  !         !     !    !   !     ! Page 119 of 322 Page 120 of 322 Page 121 of 322 Page 122 of 322 Page 123 of 322 Page 124 of 322 Page 125 of 322 Page 126 of 322 May 4, 2026 Tr #05-6-HB23 SLO-1-L16.7/17.97 City of San Luis Obispo 1 PROJECT SPECIFIC MAINTENANCE AGREEMENT WITH CITY OF SAN LUIS OBISPO This Project Specific Maintenance Agreement (“AGREEMENT”) is made effective this _______ day of __________, 20___, by and between the State of California, acting by and through the Department of Transportation (“STATE”), and the City of SAN LUIS OBISPO (“LOCAL AGENCY”); each may be referred to individually as a “PARTY” and jointly as “PARTIES.” RECITALS 1. WHEREAS, a Cooperative Agreement 5CA9113 dated August 20, 1991 and 5CA9302 dated October 5, 1993 and Encroachment Permits Nos. 568E761211 dated August 5, 1968, 573E762397 dated November 9, 1973, 0586NMC0315 dated June 24, 1986, 0586NLC0355 dated July 8, 1986, 0588NLC0237 dated August 10, 1988, 0593NLC0378 dated October 27, 1993, 0511NBS0325 dated September 14, 2011, 0515NSI0375 dated October 5, 2015, and 0516NMC0431 dated August 16, 2016 was executed between LOCAL AGENCY and STATE to document the understanding between PARTIES regarding the planned improvement of the State Highway Route (SR) 1 and the adjustments of the local street and road system required for the development of that portion of SR 1 within the jurisdictional limits of the LOCAL AGENCY. 2. WHEREAS, the PARTIES hereto mutually desire to identify the maintenance responsibilities for the features and improvements, as defined herein, constructed or installed within the STATE right of way. 3. Categories of State Highway System (SHS) facilities covered under this AGREEMENT may include but are not limited to the following, which are specifically identified in Exhibit A: A. Bridge – A Bridge is a structure built to span a physical obstacle, including, but not limited to, a water body, valley, or road, allowing for the passage of vehicles, pedestrians, or trains. A Bridge may also include Undercrossings and Overcrossings. B. Complete Street Features and/or Enhancements – These may include, Bikeways (Class I, Class II, Class II with Buffer, Class III, and Class IV), pedestrian paths, bus lanes, parking spaces, sidewalks, crosswalks, textured surfaces, street furniture, roundabouts, signage, roadway Page 127 of 322 May 4, 2026 Tr #05-6-HB23 SLO-1-L16.7/17.97 City of San Luis Obispo 1 lighting, trash enclosures, street trees, tree wells, planters, planter boxes, landscaping, and irrigation. C. Drainage Facilities – Systems or structures designed to manage and direct the flow of water, typically to prevent flooding or waterlogging. Drainage Facilities include a variety of infrastructure components, such as: stormwater drains, sewers, ditches and channels, catch basins, retention or detention ponds, and culverts, inlets and outlets. D. Landscaped Areas – These areas include hardscaping, planting, vegetation, and related landscaping improvements. E. Walls, Retaining Walls, Columns, and Soundwalls – These improvements include structural components of embankments and noise reduction structures constructed within STATE ROW. 4. Definitions of SHS facilities components. A. Bikeway Class I – Provides a completely separated right-of-way designated for the exclusive use of bicycles and pedestrians with crossflows by motorists minimized. B. Bikeway Class II – Provides a restricted right-of-way designated for the exclusive or semi-exclusive use of bicycles with through travel by motor vehicles or pedestrians prohibited, but with vehicle parking and crossflows by pedestrians and motorists permitted. C. Bikeway Class III – Provides a right-of-way on-street or off-street, designated by signs or permanent markings and shared with pedestrians and motorists. D. Bikeway Class IV – Promotes active transportation and provides a right- of-way designated exclusively for bicycle travel adjacent to a roadway and which are separated from vehicular traffic. Types of separation include, but are not limited to, grade separation, flexible posts, inflexible physical barriers, or on-street parking. E. Bridge Rails and Posts – Portions of a Bridge attached to the bridge deck and deck surface. F. Crosswalk – Designated locations for pedestrians who are crossing roadways by defining and delineating paths on approaches to and within signalized intersections, and on approaches to other intersections where traffic stops. G. Deck Surface (Wearing Surface) – The surface of a bridge deck for vehicular traffic over the SHS (e.g., roadway surface). H. Deck – The structural component of a Bridge that supports and is below the Deck Surface (Wearing Surface) and above the Superstructure. I. Lighting – Electrical lamps and light posts installed within STATE ROW. J. Pedestrian Paths – A path or walkway, other than a sidewalk, that is owned by the City, County, or another public entity and is specifically Page 128 of 322 May 4, 2026 Tr #05-6-HB23 SLO-1-L16.7/17.97 City of San Luis Obispo 2 designed for pedestrian travel. The path is usually constructed of concrete, pavers, brick, stone, or asphalt, and it is designed for pedestrian use. K. Sidewalk – A paved path along the side of a road. L. Signage – Signs installed or approved by STATE. M. Street Furniture – Refers to various elements and structures placed along roadways (e.g., benches, trash bins, bicycle racks, lighting, bus stops/bus shelters, signage) to enhance pedestrian experience, improve safety, and contribute to the overall functionality and aesthetic of the street. These elements are designed to support active transportation, such as walking and cycling, while making the public space more comfortable and inviting for people. N. Structural/Roadway Drainage Facilities – Any facility that provides drainage to any location, including, but not limited to, culverts, wing walls, drains, drain inlets, gutters, curbs, and inlet grates. O. Substructure – Structural components of a Bridge that support the Superstructure and distribute the load to bridge footings and foundations. P. Superstructure – Structural portions of a Bridge supported by bridge columns/piers which are located below the Deck. OPERATIVE PROVISIONS 1. Maintenance Standards. PARTIES shall perform all maintenance in compliance with the standards set forth in Streets and Highways Code section 27, and in accordance with California laws, regulations, and STATE standards, including STATE’S Maintenance Manual, Code of Safe Operating Practices, policies, procedures, and specifications in effect and as amended. “Maintain” or “Maintenance” under this AGREEMENT includes routine inspections, repairs, cleaning, and State approved replacements. 2. Maintenance Service Schedule. Upon approval of the necessary Encroachment Permit to perform maintenance, LOCAL AGENCY shall provide STATE’s District Area Maintenance Superintendent, as shown in Exhibit C, at least twenty-four (24) hour prior telephone or email notice before performing any maintenance services under this AGREEMENT. LOCAL AGENCY shall notify the STATE of the frequency of its maintenance services. Maintenance services shall be performed between the hours indicated on the Encroachment Permit or otherwise authorized by STATE and may be performed on weekends and holidays if necessary. Page 129 of 322 May 4, 2026 Tr #05-6-HB23 SLO-1-L16.7/17.97 City of San Luis Obispo 3 3. Revising Exhibits. When another planned future improvement has been constructed and/or a revision to SHS facilities has been affected within the limits of the improvement covered by this AGREEMENT, PARTIES can revise this AGREEMENT by mutually amending, replacing, or providing additional pages to the Exhibits that must be signed by authorized representatives of PARTIES. No formal amendment to the body of this AGREEMENT will be necessary. The revised exhibit will thereafter supersede the previous Exhibit and become part of this AGREEMENT. 4. Amendment to Agreement. Except as provided in the preceding section concerning Exhibit amendments, the terms of this AGREEMENT can be changed only by a formal written amendment executed by all PARTIES. 5. Successors. This AGREEMENT shall be binding upon and inure to the benefit of each of the PARTIES and their respective successors-in-interest including, any subsequently incorporated city or other municipality established within the LOCAL AGENCY’s jurisdictional limits. If the successor city or municipality fails to enter into a new agreement with STATE to accept the obligations of the LOCAL AGENCY, LOCAL AGENCY shall continue to be contractually bound to STATE by the terms of this AGREEMENT. 6. Encroachment Permits. Before LOCAL AGENCY may enter STATE ROW to install any encroachment or perform any maintenance or work in the areas covered by this AGREEMENT, LOCAL AGENCY must first apply for and obtain an encroachment permit(s) from the STATE’s District 5 Encroachment Permit Office as per STATE’s EP policy. An encroachment permit issued by the STATE will be at no cost to LOCAL AGENCY. 1. the improved or unimproved roadway section(s) with STATE’s prior written approval. 7. Graffiti Removal. LOCAL AGENCY, at LOCAL AGENCY’s sole cost and expense, shall remove all graffiti from Undercrossing(s). LOCAL AGENCY is solely responsible for ensuring that any graffiti that in any way resembles a mural, artwork, painting, or other similar elements shall not be removed without the written authorization of STATE. Graffiti removal must protect air and water quality as required by law. LOCAL AGENCY shall conform to the terms stated in STATE’s Maintenance Manual, Volume 1, Chapter, D1.0 8. Complete Streets Features and/or Enhancements. A. The list of elements including, but not limited to, those provided in Exhibit A, were added to the SHS as part of a Complete Streets Project. PARTIES shall be responsible for the maintenance of each of the elements of the Complete Streets Features and/or Page 130 of 322 May 4, 2026 Tr #05-6-HB23 SLO-1-L16.7/17.97 City of San Luis Obispo 4 Enhancements as identified in Exhibit A and shall perform routine structural inspections, maintenance, repair and replace or complete other improvements necessary to ensure the respective features retain their integrity for the safety of the public using these features and travelers using STATE ROW. B. The PARTY identified as responsible in Exhibit A for the respective bikeway shall provide a safe facility for bicycle and pedestrian travel along the entire length of the said bikeway by providing sweeping and debris removal, when necessary, as deemed by STATE. C. The PARTY identified as responsible in Exhibit A shall maintain all signing and striping, electrical facilities (solar or otherwise), and pavement markings required for the direction and operation of that non-motorized facility. D. LOCAL AGENCY shall maintain green painted pavement markings within STATE’s right of way, as shown on Exhibit A. LOCAL AGENCY is responsible for the replacement of green pavement markings when pavement preservation measures are made by STATE. 9. Unsheltered Encampments. STATE shall remove Persons Experiencing Homelessness (PEH) and any structures, personal property, debris, and/or other items related to the encampment from the locations shown in Exhibit A, subject to STATE’s Maintenance Policy Directive 1001 R1, as amended, and applicable State and Federal law. Nothing in this AGREEMENT grants or waives the right of California Highway Patrol (CHP) and other law enforcement agencies having jurisdiction over the Locations shown in Exhibit A. 10. Graffiti Removal. LOCAL AGENCY, at LOCAL AGENCY’s sole cost and expense, shall remove all graffiti from areas identified in Exhibit A. LOCAL AGENCY is solely responsible for ensuring that any graffiti that in any way resembles a mural, artwork, painting, or other similar elements shall not be removed without the written authorization of STATE. Graffiti removal must protect air and water quality as required by law. LOCAL AGENCY shall conform to the terms stated in STATE’s Maintenance Manual, Volume 1, Chapter, D1.07. 11. Landscaped Areas. LOCAL AGENCY is responsible for the maintenance of any plantings or other types of roadside improvements installed by LOCAL AGENCY as permitted encroachments lying inside of STATE ROW as shown in Exhibit A. LOCAL AGENCY agrees to do the following: Page 131 of 322 May 4, 2026 Tr #05-6-HB23 SLO-1-L16.7/17.97 City of San Luis Obispo 5 A. To prune shrubs, tree plantings, and trees to control extraneous growth and ensure STATE standard lines of sight to signs and corner sight distances are always maintained for the safety of the public. B. To replace unhealthy or dead plantings when observed or within 30 days when notified in writing by STATE that plant replacement is required. C. To expeditiously maintain, replace, repair or remove from service any components of landscaping that has become unsafe or unsightly. D. To furnish electricity for irrigation system controls, and lighting system controls for all street lighting systems installed by LOCAL AGENCY. E. To maintain, repair and operate the irrigation systems in a manner that prevents water from flooding or spraying onto STATE highway, spraying parked and moving automobiles, spraying pedestrians on public sidewalks/bike paths, or leaving surface water that becomes a hazard to vehicular or pedestrian/bicyclist travel. F. To control weeds at a level acceptable to the STATE. Any weed control performed by chemical weed sprays (herbicides) shall comply with all laws, rules, and regulations established by the California Department of Food and Agriculture. All chemical spray operations shall be reported quarterly (Form LA17) to the STATE to: District 5 Maintenance at 50 Higuera Street, San Luis Obispo, CA 93401. G. To repair or replace any STATE facilities damaged or disturbed by CITY maintained Landscaping. H. To remove Landscaping and appurtenances and restore STATE owned areas to a safe and attractive condition acceptable to STATE in the event this Agreement is terminated as set forth herein. 12. Legal Relations and Responsibilities. A. No Third-Party Beneficiaries. This AGREEMENT is not intended to create duties, obligations, or rights of third parties beyond the PARTIES to this AGREEMENT. Nor does this AGREEMENT affect a PARTY’s legal liability by imposing any standard of care for the operation and maintenance of STATE highways and Page 132 of 322 May 4, 2026 Tr #05-6-HB23 SLO-1-L16.7/17.97 City of San Luis Obispo 6 LOCAL AGENCY facilities different from the standard of care imposed by law. B. Indemnification. Neither LOCAL AGENCY nor any of its officers or employees is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE in connection with any work, authority or jurisdiction conferred upon STATE pursuant to this AGREEMENT. To the fullest extent permitted by law, STATE shall fully defend, indemnify, and save harmless LOCAL AGENCY and its officers and employees from all claims, suits or actions of every kind occurring by reason of anything done or omitted to be done by STATE, its contractors, sub-contractors, and/or its agents pursuant to this AGREEMENT. Neither STATE nor any of its officers or employees is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by LOCAL AGENCY in connection with any work, authority or jurisdiction conferred upon LOCAL AGENCY pursuant to this AGREEMENT. To the fullest extent permitted by law, LOCAL AGENCY, shall fully defend, indemnify, and save harmless STATE and its officers and employees from all claims, suits or actions of every kind occurring by reason of anything done or omitted to be done by LOCAL AGENCY, its contractors, sub-contractors, and/or its agents pursuant to this AGREEMENT. C. Prevailing Wages and Labor Code Compliance. LOCAL AGENCY shall comply with any and all applicable labor and prevailing wage requirements in Labor Code Sections 1720 through 1815 and implement regulations for any public works or maintenance contracts and subcontracts executed for the LOCAL AGENCY’s work under this AGREEMENT. D. Insurance. LOCAL AGENCY and its contractors shall maintain in force, during the term of this AGREEMENT, a policy of general liability insurance, including coverage of bodily injury and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence, $2 million in aggregate, and $5 million in excess, as may be amended as the minimum liability coverage limits codified in the State’s Standard Specifications. LOCAL AGENCY will provide a certificate of insurance evidencing this insurance in a form satisfactory to STATE as a condition to STATE’s execution of this AGREEMENT. Page 133 of 322 May 4, 2026 Tr #05-6-HB23 SLO-1-L16.7/17.97 City of San Luis Obispo 7 13. Default. If LOCAL AGENCY fails to perform obligations assumed under this AGREEMENT, STATE may by written notice request that the default be remedied within thirty (30) calendar days. If LOCAL AGENCY fails or refuses to do so, STATE may complete the obligations and seek reimbursement from the LOCAL AGENCY who shall pay the invoice within thirty (30) calendar days. 14. Complete Agreement. This AGREEMENT, along with any attachments, is the full and complete integration of the PARTIES’ agreement with respect to the maintenance of the locations identified in Exhibit A. This AGREEMENT supersedes any previous written or oral agreements between the PARTIES with respect to the locations identified in Exhibit A. Unless otherwise stated, to the extent there is any conflict between this AGREEMENT and any other agreement (written or oral) regarding maintenance of the area identified in Exhibit A, the terms of this AGREEMENT shall control. 15. Severability. The unenforceability, invalidity, or illegality of any provision(s) of this AGREEMENT shall not render the other provisions unenforceable, invalid, or illegal. 16. Waiver. Waiver by any PARTY of any portion of this AGREEMENT shall not constitute a waiver of the same or any other portion hereof. 17. Governing Law. This AGREEMENT shall be governed by and interpreted in accordance with California law. 18. Notice. If either PARTY shall desire or is required to give notice to the other, such notice shall be given in writing, via email, and concurrently delivered by: (a) personal delivery, in which case, notice is effective upon delivery; (b) overnight courier (i.e., Federal Express) with charges prepaid or charged to the sender’s account, in which case, notice is effective when delivered; (c) priority U.S. Mail, in which case, notice shall be deemed delivered on the second business day after the deposit thereof with the U.S. Postal Service. 19. Cost. Any PARTY who is assigned obligation under this AGREEMENT shall complete them at their own costs, unless expressly stated otherwise in this AGREEMENT. Page 134 of 322 May 4, 2026 Tr #05-6-HB23 SLO-1-L16.7/17.97 City of San Luis Obispo 8 20. Termination. This AGREEMENT may be terminated by the mutual written consent of each PARTY. The STATE may terminate this AGREEMENT, should the LOCAL AGENCY fail to perform the requirements of this AGREEMENT at the time and in the manner provided herein. 21. Effective Date. This AGREEMENT shall become effective on the last of the dates each PARTY’s authorized representative has executed this AGREEMENT. 22. Authority. Each individual executing this AGREEMENT on behalf of each PARTY represents and warrants that he/she is duly authorized to execute this AGREEMENT. LOCAL AGENCY represents and certifies that it has, through its regular political process, authorized the execution of this AGREEMENT by appropriate resolution, delegation, or plenary authority, as required. A true and correct copy of the local resolution or ordinance has been provided to the STATE. 23. Electronic Signatures. Electronic signatures of the PARTIES, whether digital or encrypted, are intended to authenticate this written AGREEMENT, and shall have the same force and effect as manual signatures for this AGREEMENT. Page 135 of 322 May 4, 2026 Tr #05-6-HB23 SLO-1-L16.7/17.97 City of San Luis Obispo 14 THE CITY OF SAN LUIS OBISPO STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION By: __________________________ Mayor Initiated and Approved By: ___________________________ CITY Manager By: ___________________________ Deputy District Director Maintenance District 5 ATTEST: By: __________________________ CITY Clerk By: __________________________ CITY Attorney Page 136 of 322 May 4, 2026 Tr #05-6-HB23 SLO-1-L16.7/17.97 City of San Luis Obispo EXHIBIT A (Plan map identifying the applicable STATE Routes and LOCAL AGENCY facilities.) Page 137 of 322 Page 138 of 322 Page 139 of 322  0                                                                                            ! 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Page 143 of 322 May 4, 2026 Tr #05-6-HB23 SLO-1-L16.7/17.97 City of San Luis Obispo EXHIBIT A-1 Complete Street Features STATE LOCAL AGENCY N/A Standard sidewalks X Decorative sidewalks X Class I Bikeway (within STATE R/W) X Class II Bikeway (with stripe buffered) X Class II Bikeway (without buffered) X Class III Bikeway (Shared Lanes and Shared Shoulders) X Class IV Separated Bikeway in STATE R/W (Raised Island with planting or buffer with vertical element) X Green Pavement Markings X Standard crosswalks (including continental or ladder style) X Decorative crosswalks (brick thermoplastic, colored concrete, non-standard plan) X Intersection Lighting/Signal pole (State-standard) X Intersection Lighting/Signal pole (Non-State standard) X Bicycle detection X Pedestrian signal indication and push button X Pedestrian hybrid beacons X In-Roadway Warning Lights at Crosswalks X Roadway Rapid Flashing Beacons (RRFBs) solar X Roadway Rapid Flashing Beacons (RRFBs) hardwired X Street Trees/Tree Wells, Medians (Landscaping), including irrigation systems X Decorative lighting with decorative pole X Bicycle parking (secure bike racks or bike lockers) X Trash/Recycling receptacles X Page 144 of 322 May 4, 2026 Tr #05-6-HB23 SLO-1-L16.7/17.97 City of San Luis Obispo Transit Facilities (Bus Stops, Bus Shelters, and Benches) X Brown City-standard road signs X Custom City signs X Page 145 of 322 May 4, 2026 Tr #05-6-HB23 SLO-1-L16.7/17.97 City of San Luis Obispo Exhibit B PARTY Representatives Contact information. LOCAL AGENCY Attn: Greg Cruce, Deputy Director of Maintenance Operations Address: 25 Prado Road City, Zip: San Luis Obispo, 93401 Contact Number: 805-781-7264 STATE Attn: Tyler Laing Address: 50 Higuera Street City, Zip: San Luis Obispo, 93401 Contact Number: 805-858-8191 STATE AREA MAINTENANCE SUPERINTENDENT Attn: State Maintenance Superintendent: Joshua Milton Email: joshua.milton@dot.ca.gov Phone: 805-922-1987 Page 146 of 322