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
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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.
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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
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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
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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.
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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
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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:
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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
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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
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March 25, 2026
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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
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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
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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.
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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.
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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,
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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.
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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
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March 25, 2026
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Exhibit A
(Plan map identifying the applicable STATE Routes (Freeway proper) and CITY
road(s) and facilities)
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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
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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
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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.
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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
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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:
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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
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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.
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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.
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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.
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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
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City of San Luis Obispo
EXHIBIT A
(Plan map identifying the applicable STATE Routes and LOCAL AGENCY
facilities.)
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May 4, 2026
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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
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City of San Luis Obispo
Transit Facilities (Bus Stops, Bus
Shelters, and Benches) X
Brown City-standard road
signs X
Custom City signs X
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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
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