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Home My WebLink AboutR-11665 authorizing the Mayor and City Manager to enter into a Freeway Maintenance Agreement with CaR 11665 RESOLUTION NO. 11665 (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: Docusign Envelope ID: 8AC97B3A-1E65-8737-836C-97B683D3AD5E Resolution No. 11665 (2026 Series) Page 2 R 11665 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 Shoresman, seconded by Council Member Marx, and on the following roll call vote: AYES: Council Member Boswell, Marx, Shoresman, Vice Mayor Francis, and Mayor Stewart NOES: None ABSENT: None 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 Docusign Envelope ID: 8AC97B3A-1E65-8737-836C-97B683D3AD5E 7/24/2026 | 10:47 AM PDT 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 Docusign Envelope ID: 8AC97B3A-1E65-8737-836C-97B683D3AD5E 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 Docusign Envelope ID: 8AC97B3A-1E65-8737-836C-97B683D3AD5E 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. Docusign Envelope ID: 8AC97B3A-1E65-8737-836C-97B683D3AD5E 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. Docusign Envelope ID: 8AC97B3A-1E65-8737-836C-97B683D3AD5E 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, Docusign Envelope ID: 8AC97B3A-1E65-8737-836C-97B683D3AD5E 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. Docusign Envelope ID: 8AC97B3A-1E65-8737-836C-97B683D3AD5E 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 Docusign Envelope ID: 8AC97B3A-1E65-8737-836C-97B683D3AD5E 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) Docusign Envelope ID: 8AC97B3A-1E65-8737-836C-97B683D3AD5E ! # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # ! ! ! ! ! ! ! ! ! ! "# ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! 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