HomeMy WebLinkAboutAGENDA REPORT 2025 0618 CC REG ITEM 10ECITY OF MOORPARK, CALIFORNIA
City Council Meeting
of June 18, 2025
ACTION ADOPTED RESOLUTION NO.
2025-4334. (ROLL CALL VOTE:
UNANIMOUS)
BY A. Hurtado.
E. Consider Resolution Approving a Freeway Maintenance Agreement between the
State of California Department of Transportation and the City of Moorpark. Staff
Recommendation: Adopt Resolution No. 2025-4334 approving a Freeway
Maintenance Agreement between the State of California Department of
Transportation and the City of Moorpark subject to final language approval by the
City Manager. (Staff: PJ Gagajena, Assistant City Manager) (ROLL CALL
VOTE REQUIRED)
Item: 10.E.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: PJ Gagajena, Assistant City Manager
DATE: 06/18/2025 Regular Meeting
SUBJECT: Consider Resolution Approving a Freeway Maintenance Agreement
between the State of California Department of Transportation and the
City of Moorpark
BACKGROUND/ DISCUSSION
On July 6, 1971, the State of California Department of Transportation (Caltrans) and the
County of Ventura entered into a Freeway Maintenance Agreement (FMA) to designate
a portion of State Route 118 (SR-118) as a freeway. The agreement provided for the
closure, relocation, and construction of certain roads, and for the County to assume
control and maintenance responsibilities for specific relocated or reconstructed roadways.
A similar agreement was executed on November 30, 1971, between Caltrans and the
County for portions of State Route 23 (SR-23). Following the City of Moorpark’s
incorporation in 1983, a revised FMA was adopted in 1989 between Caltrans and the City
(Resolution No. 89-578) that established general terms for the City to assume control and
maintenance of certain roadways reconstructed or relocated by Caltrans within the City
limits.
For over three decades, no revised FMA has been adopted, largely due to differing
interpretations between the City and Caltrans about who is responsible for specific
maintenance elements. These include hardscape and landscape maintenance in areas
such as embankments, slopes, medians, areas adjacent to freeway ramps, bridge decks,
and fixtures and structural elements attached to bridge decks. This ambiguity has led to
inconsistent maintenance practices, occasional service gaps, deteriorated pavement
surfaces such as on bridge overcrossings, and uncertainty when negotiating
responsibilities with contractors or responding to resident concerns.
Recognizing the need for an updated, maintenance agreement, City staff began formal
discussions with Caltrans in September 2024 to negotiate a new FMA. The goal of these
discussions was to clarify roles and responsibilities, establish consistent maintenance
standards, and ensure that both agencies are aligned on expectations related to safety,
aesthetics, and operational efficiency.
Item: 10.E.
229
Honorable City Council
06/18/2025 Regular Meeting
Page 2
This updated FMA defines each party’s respective responsibility for ongoing inspection,
maintenance, and repairs related to structures and facilities within and adjacent to State
right-of-way, including:
• Vehicular and non-vehicular overcrossings and undercrossings
• Soundwalls, retaining walls, bridge components, and drainage
• Lighting, signage, sidewalks, traffic striping, and ADA improvements
• Graffiti and trash removal (excluding fenced Caltrans property)
• Landscape and weed abatement (in non-fenced areas maintained by the City)
• Trails and bicycle/pedestrian paths constructed within Caltrans right-of-way
• Encampment removal procedures (consistent with Caltrans policy)
Routine maintenance by the City within Caltrans right-of-way will require an annual
encroachment permit. This new FMA provides a clearer delineation of responsibility,
streamline coordination with Caltrans, and better support the City’s ongoing efforts to
maintain an attractive and safe transportation network for residents and travelers.
ENVIRONMENTAL DETERMINATION
This action is exempt from the California Environmental Quality Act (CEQA) as it does
not constitute a project, as defined by Section 15378 of the State CEQA Guidelines.
Therefore, no environmental review is required.
FISCAL IMPACT
There is no fiscal impact to enter the agreement. Maintenance responsibilities described
reflect existing City practices and will be incorporated into current maintenance operations
within the approved operating budget.
COUNCIL GOAL COMPLIANCE
This action does not support a specific strategic directive.
STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED)
Adopt Resolution No. 2025-____ approving a Freeway Maintenance Agreement between
the State of California Department of Transportation and the City of Moorpark subject to
final language approval by the City Manager.
Attachment 1: Draft Resolution No. 2025-____
Attachment 2: Freeway Maintenance Agreement
230
ATTACHMENT 1
RESOLUTION NO. 2025-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING A FREEWAY
MAINTENANCE AGREEMENT BETWEEN THE STATE OF
CALIFORNIA DEPARTMENT OF TRANSPORTATION AND THE
CITY OF MOORPARK
WHEREAS, on June 21, 1989, the City Council entered into a Freeway
Maintenance Agreement with the State of California Department of Transportation
(Caltrans) that established general terms for the control and maintenance of certain
roadways reconstructed or relocated by Caltrans within the City limits; and
WHEREAS, the City and Caltrans desires to enter into a new Freeway
Maintenance Agreement to define each party’s respective responsibility for ongoing
inspection, maintenance, and repairs related to structures and facilities within and
adjacent to Caltrans’ right-of-way; and
WHEREAS, the hardscape and landscape maintenance in areas referenced in the
Freeway Maintenance Agreement include vehicular and non-vehicular overcrossings and
undercrossings; soundwalls, retaining walls, bridge components, and drainage; lighting,
signage, sidewalks, traffic striping, and ADA improvements; graffiti and trash removal;
landscape and weed abatement; trails and bicycle/pedestrian paths; encampment
removal; and embankments, slopes, medians, and areas adjacent to freeway ramps and
bridges.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby approves the Freeway Maintenance
Agreement between the City of Moorpark and Caltrans subject to final language approval
by the City Manager.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall
cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 18th day of June 2025.
________________________________
Chris R. Enegren, Mayor
ATTEST:
___________________________________
Ky Spangler, City Clerk
231
Caltrans FMA with City of Moorpark (Citywide)
FREEWAY MAINTENANCE AGREEMENT
BETWEEN THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION AND
THE CITY OF MOORPARK
This Freeway Maintenance Agreement (“AGREEMENT”) is made by and between
the State of California, acting by and through the Department of Transportation
(“STATE”), and the City of Moorpark (“LOCAL AGENCY”); each may be referred
to individually as a “PARTY,” and jointly as “PARTIES.”
RECITALS
1.WHEREAS, on November 30,1971; a Freeway Agreement was executed
between County of Ventura and STATE for State Route 23, where upon
incorporating certain portions of County lands, County of Ventura
consented to certain adjustments of the local street and road system
required for the development of that portion of STATE Highway Route (SR)
23 within the jurisdictional limits of the County of Ventura as a freeway;
2.WHEREAS, the City of Moorpark was incorporated on July 1, 1983;
3.WHEREAS, portions of the territory covered by said Freeway Agreement
were subsequently annexed by the CITY, and the CITY has succeeded to
the obligations of the County under said Freeway Agreement, with respect
to the County roads located within the annexed territory;
4.WHEREAS, a Freeway Agreement dated June 21, 1989 was executed
between LOCAL AGENCY and STATE, to document the understanding
between PARTIES regarding the planned traffic circulation features of the
State Highway Routes (SRs) 23 and 118 and the adjustments of the local
street and road system required for the development of that portion of SRs
23 and 118 within the jurisdictional limits of the LOCAL AGENCY; and, a plan
Map for such freeway was attached to the Freeway Agreement showing
the delineation of STATE Highway and LOCAL AGENCY’s streets and
roadways;
5.WHEREAS, pursuant to the above Freeway Agreement and the attached
Map, LOCAL AGENCY has resumed or will resume control and
maintenance over each of the affected relocated or reconstructed
LOCAL AGENCY streets, frontage roads, and other STATE constructed local
streets, except for those portions adopted as a part of the freeway proper;
and
ATTACHMENT 2
232
Caltrans FMA with City of Moorpark (Citywide)
6. WHEREAS PARTIES hereto mutually desire to clarify and define the PARTIES
respective division of maintenance, and responsibilities as to their respective
right of way and towards STATE HIGHWAY SYSTEM (SHS) facilities that include
but are not limited to.
• Vehicular Undercrossing
• Vehicular Overcrossings
• Non-vehicular Overcrossings
• Non-vehicular Undercrossing
• Walls- Retaining Walls, Columns, Soundwalls
• Landscaped Areas
• Screening
• Interchange Operation
• Bicycle Paths
7. State Highway System (SHS) Facilities.
Categories of SHS facilities covered under this AGREEMENT may include but
are not limited to the following which are specifically identified in Exhibit A:
Vehicular overcrossings and bridges over STATE right of way: These
overcrossings are roadways constructed over and situated within
State ROW supported by the deck, superstructure, and substructure
(“Vehicular Overcrossings and appurtenant structures”).
Non-vehicular pedestrian and bicycle overcrossings and bridges:
These overcrossings are pedestrian/bicycle path(s) and structures
constructed over and within STATE ROW (“Non-Vehicular
Overcrossings”).
Vehicular and Non-vehicular undercrossing(s): These undercrossings
are roadway(s) or non-vehicular pathways crossing under STATE
ROW and appurtenant structures situated within STATE ROW.
Walls- Sound walls, Retaining walls: These improvements include
structural components of embankments and noise- reduction
structures constructed within STATE ROW.
Landscaped areas: These areas include hardscaping, planting,
vegetation and related landscaping improvements situated within
outside of STATE ROW.
Screening: This includes fencing installed on a bridge safety barrier
to protect the safety of the traveling public.
8. Definitions of Facility Components.
A. Deck surface (wearing surface) – The surface of a bridge deck for
vehicular, pedestrian, and bicycle traffic over the SHS (e.g.;
roadway surface).
233
Caltrans FMA with City of Moorpark (Citywide)
B. Deck – The structural component of a bridge that supports and is
below the deck surface (wearing surfaces) and above the
superstructure.
C. Superstructure – Structural portions of a bridge supported by bridge
columns/piers which are located below the deck.
D. Substructure – Structural components of a bridge that support the
superstructure and distribute the load to bridge footings and
foundations.
E. Bridge rails and posts – Portions of a bridge attached to the bridge
deck and deck surface on overcrossings.
F. 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.
G. Lighting – Electrical lamps and light posts installed within State right
of way that facilitate safe passage of traveling public.
H. Signage- Signs that provide any traffic related guidance.
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 of all structures and facilities, repairs, cleaning, replacements, and
improvements, if necessary.
2. Control of Streets/Roads. STATE is not responsible for maintaining, repairing,
improving or replacing any property or improvements that do not constitute
part of the State Highway System (SHS). STATE agrees to continue control
those portions adopted as a part of SRs 23 and 118 Freeway proper as
shown in Exhibit A which is attached to and made a part of this AGREEMENT.
PARTIES agree to their respective maintenance responsibility towards SHS
facilities as specified in this AGREEMENT.
3. Revising Exhibits. When another planned future improvement has been
constructed and/or a minor revision has been affected within the limits of the
freeway herein described. PARTIES can revise this maintenance agreement
by mutually amending, replacing, or providing additional pages to the Exhibit.
The Exhibit must be signed by authorized representatives of PARTIES. No formal
amendment to the body of the Agreement will be necessary. The revised
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Caltrans FMA with City of Moorpark (Citywide)
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 insure 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 accept the obligations of the LOCAL AGENCY by entering into a new
agreement with STATE, LOCAL AGENCY shall continue to be contractually
bound 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 07 Encroachment Permit
Office as per STATE’s encroachment permits policy. LOCAL AGENCY may
apply for an annual encroachment permit to cover all routine maintenance
activities, which must be renewed every year. LOCAL AGENCY must apply for
and obtain additional encroachment permits, if necessary, to enter or
perform any work within STATE ROW not covered by this AGREEMENT. An
encroachment permit issued by the STATE will be at no cost to LOCAL
AGENCY.
7.Overcrossings (Vehicular and Non-vehicular). STATE and LOCAL AGENCY
shall maintain Overcrossings respectively as follows:
A. STATE shall inspect and maintain at STATE’s expense, the structural
components of the Overcrossing(s) which include the deck,
superstructure, and substructure.
B. LOCAL AGENCY shall perform all maintenance, inspections, repair,
replace or complete other improvements necessary to maintain the
safety of the following components of the Overcrossing:
1. Road/street surface(s) installed on the deck;
2. Structural Drainage facilities;
3. All portions of the overcrossing structure situated on and above
the bridge deck, including but not limited to lighting, traffic
controls, traffic lights, sidewalks, signs, bike paths, pavement
overlays, pavement markings, striping, and improvements for
compliance with the Americans with Disabilities Act (ADA);
4. Other improvements that may be constructed above or on the
bridge deck with STATE’s prior written approval;
235
Caltrans FMA with City of Moorpark (Citywide)
5. The repairs or maintenance of the bridge rails and posts may
be completed by the STATE and be compensated for the
actual costs by the LOCAL AGENCY.
C. Graffiti and Trash Removal. LOCAL AGENCY, at LOCAL AGENCY’s
expense, shall remove all graffiti and legally remove and dispose of
all debris and trash from the facilities described in this Section. LOCAL
AGENCY is not responsible for graffiti and trash removal that is within
fenced-in areas owned by the STATE. LOCAL AGENCY 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’s District 07
Transportation Art Coordinator. 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, Family D
Chapter, D1.06.
D. Unsheltered Encampments. LOCAL AGENCY shall remove Persons
Experiencing Homelessness (PEH) and any structures, personal
property, debris, and/or other items related to the encampment from
the overcrossing, subject to STATE’s Encampment Removal policy,
MPD 1001 R1 and applicable State and Federal Law 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 Overcrossings.
E. Screening. LOCAL AGENCY is not responsible for maintaining
screening that STATE installs on STATE freeway overcrossings pursuant
to Streets and Highways Code section 92.6
8.Undercrossings (Vehicular and Non-Vehicular). STATE and LOCAL AGENCY
shall maintain Undercrossing(s) respectively as follows:
A.STATE shall inspect and maintain, at STATE’s expense, the structural
components of the Undercrossing(s) including deck, deck surfaces,
superstructure, substructure, structural drainage facilities and
undercrossing facilities and improvements.
B.LOCAL AGENCY, at LOCAL AGENCY’s expense, shall inspect,
maintain, repair, replace, or complete other improvements
necessary to maintain the safety of the facilities noted below:
1.LOCAL AGENCY’s improved and unimproved roadway
sections, including but not limited to road surfaces, shoulders,
curbs, sidewalks, gutters and wall surfaces;
236
Caltrans FMA with City of Moorpark (Citywide)
2. Roadway drainage facilities;
3. All portions above the LOCAL AGENCY’s improved and
unimproved roadway facilities, including but not limited to
lighting, traffic controls, traffic lights, sidewalks, signs, bike
paths, pavement markings, striping, and improvements for
compliance with the ADA;
4. Other improvements that may be constructed on the
improved or unimproved roadway section(s) with STATE’s prior
written approval.
C. Graffiti and Trash Removal. LOCAL AGENCY, at LOCAL AGENCY’s
sole cost and expense, shall remove all graffiti and legally remove
and dispose of all debris and trash from the facilities described in this
section. LOCAL AGENCY is not responsible for graffiti and trash
removal that is within fenced-in areas owned by the STATE. LOCAL
AGENCY 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’s
District 07 Transportation Art Coordinator. 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, Family D Chapter, D1.06.
Unsheltered Encampments. LOCAL AGENCY shall remove Persons
Experiencing Homelessness (PEH) and any structures, personal
property, debris, and/or other items related to the encampment from
the undercrossing, subject to STATE’s Encampment Removal policy,
MPD 1001 R1 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 Undercrossings.
9. Walls, Columns. Retaining wall and Soundwalls. LOCAL AGENCY shall
remove debris, trash, and graffiti and clean and paint any walls, soundwalls
and similar structures on the sides facing LOCAL AGENCY’s
streets/roadways. LOCAL AGENCY is not responsible for areas that are
within fenced-in areas owned by the STATE. Any graffiti on a mural, artwork,
paintings, or other similar elements may not be removed without prior
consultation with and approval from the STATE’s District 07 Transportation
Art Coordinator.
10. Bicycle, Pedestrian Paths, Lanes and Trails (TRAIL)
237
Caltrans FMA with City of Moorpark (Citywide)
A.LOCAL AGENCY is solely responsible for, and will maintain, TRAIL and
all its related facilities including, but not limited to: paving, supportive
structural components, aggregate base shoulder, retaining walls,
bridges (of any sort), all railings, bollards, storm water control
measures, all fences, guard railing, drainage facilities, and slope and
structural adequacy of bicycle/pedestrian TRAIL and any plantings
or other types of roadside development installed as part of PROJECT
located and constructed within LOCAL AGENCY jurisdiction in STATE's
right of way.
B.In addition, LOCAL AGENCY will provide a safe facility for bicycle and
pedestrian travel along the entire length of the TRAIL by providing
sweeping and debris removal when necessary. LOCAL AGENCY will
maintain all signing and striping, electrical facilities (solar or
otherwise), and pavement markings required for the direction and
operation of that non-motorized facility
C.Failure by LOCAL AGENCY to maintain TRAIL as per the terms of this
Agreement will amount to a breach of the terms of the
Encroachment Permit and this Agreement and subject to the
remedies stated in the Encroachment Permit.
D.LOCAL AGENCY, at LOCAL AGENCY’s expense, shall remove all
graffiti and remove and legally dispose of all debris and trash from
TRAIL. Any graffiti that resembles a mural, artwork, paintings, or other
similar elements may not be removed without prior consultation with
and approval from the STATE’s District 07 Transportation Art
Coordinator.
E.LOCAL AGENCY shall perform routine structural and maintenance
inspections and repair, replace or complete other improvements
necessary to ensure the TRAIL retain their integrity for the safety of the
public using this/these structure(s) and travelers using State right of
way.
11.Landscaped Areas – LOCAL AGENCY is responsible for the maintenance of
any plantings or other types of roadside improvements installed and owned
by LOCAL AGENCY as permitted encroachments lying inside and outside
of freeway right-of-way in Exhibit A. LOCAL AGENCY is not responsible for
landscaping that is within fenced-in areas owned by the STATE. LOCAL
AGENCY shall restrict walk-on access to the freeway.
12.Street Lightings – LOCAL AGENCY is responsible to maintain all streetlights
installed and owned by LOCAL AGENCY as permitted encroachments
within the State’s right of way including, but not limited to, ground mounted
238
Caltrans FMA with City of Moorpark (Citywide)
poles, conduits, and pull boxes. Responsibility of payment for electricity
costs of the streetlights shown on Exhibit A shall lie with LOCAL AGENCY.
13.Flagpole – LOCAL AGENCY is responsible to inspect and maintain the
overall appearance including, but not limited to, the condition, wear,
mounting hardware, and elements of the flagpole.
STATE reserves the right to remove the flagpole at any time due to
construction, rehabilitation or other necessary activities without any
obligation, compensation to, or approval of LOCAL AGENCY. STATE may
provide a minimum of thirty (30) days notification to LOCAL AGENCY of its
intent to remove the flagpole to allow for timely removal and salvage by
LOCAL AGENCY. If a safety issue becomes apparent, no notice will be
provided to the LOCAL AGENCY. STATE will bill the LOCAL AGENCY for all
costs of removal. LOCAL AGENCY may reinstall flagpole after construction
or any rehabilitation if conditions at the time permit. LOCAL AGENCY must
apply for a separate Encroachment Permit in order to reinstall the flagpole.
14.Weed Abatement - LOCAL AGENCY shall engage in weed abatement
operations. LOCAL AGENCY shall control weeds at a level acceptable to
STATE. Any weed control performed by chemical weed sprays
(herbicides)shall comply with all laws, rules, and regulations established by
California Department of Food and Agriculture. All chemical spray
operations shall be reported quarterly (form LA17) to STATE via the STATE’s
Landscape Specialist, Maintenance Support, Caltrans District Office 100
South Main Street, Los Angeles, CA 90012.
15.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
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
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Caltrans FMA with City of Moorpark (Citywide)
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
implementing regulations for any public works or maintenance
contracts and subcontracts executed for the LOCAL AGENCY’s work
under this AGREEMENT.
D.Insurance.
Self-Insured. LOCAL AGENCY is self-insured. LOCAL AGENCY shall
deliver evidence of self-insured coverage providing general liability
insurance, coverage of bodily injury and property damage liability,
in an amount of $1 million per occurrence and $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, by delivering a Letter Certifying Self-Insurance. The
Letter of Self-Insurance must be substantially in the form of Exhibit B,
and identify the AGREEMENT number, and location as depicted in
Exhibit A. LOCAL AGENCY shall provide the original Letter Certifying
Self-Insurance as a condition to STATE’s execution of this AGREEMENT.
A copy of the original letter shall be attached to this AGREEMENT as
Exhibit B.
Self-Insured using Contractor. If the work performed under this
AGREEMENT is done by LOCAL AGENCY ‘s contractor(s), LOCAL
AGENCY shall require its contractor(s) to maintain in force, during the
term of this AGREEMENT, a policy of general liability insurance,
including coverage of bodily injury and property damage liability,
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Caltrans FMA with City of Moorpark (Citywide)
naming 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, 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.
16. Default. If a PARTY fails to perform obligations assumed under this
agreement, the non-defaulting PARTY may by written notice request that
the default be remedied within thirty (30) calendar days. if the defaulting
PARTY fails or refuses to do so, the non-defaulting PARTY may complete the
obligations and seek reimbursement from the defaulting PARTY who shall
pay the invoice within thirty (30) calendar days. If there is an immediate
threat to maintain the structural integrity of, or prevent imminent danger of
destruction to, the features shown on Exhibit A, either PARTY may perform
necessary maintenance or remedial measures to maintain the structural
integrity and/or prevent destruction of the features without notice or delay.
17. Cost. Any PARTY who is assigned obligation under this AGREEMENT shall
complete them at their own costs, unless expressly stated otherwise in this
AGREEMENT.
18. Termination. This Agreement may be terminated by the mutual written
consent of each PARTY.
19. Effective Date. This AGREEMENT shall become effective on the last of the
dates each PARTY’s authorized representative has executed this
AGREEMENT.
20. 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.
21. 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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Caltrans FMA with City of Moorpark (Citywide)
THE CITY OF MOORPARK
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
Date: Date:
Mayor
Godson Okereke
Deputy District Director
Maintenance District 07
APPROVED:
Date:
City Manager
242
EXHIBIT A
(Plan map identifying the applicable STATE Routes (Freeway proper) and CITY
road(s) and facilities.)
243
SR-118
SHEET 7
FLAGPOLE ROUTE 23 PM R12,90 ROUTE 118 PM R17o49
MOORPARK
PRINCETON AVE UC BRoNOo 52-334 L/R __ fl__O�TE 118 PM T19,15
I
I
SHEET 6
DISTRICT COUNTY ROUTE SHEET PM SHEET NO" TOTAL SHEETS
07 VEN
(
SR-118
23
11 8 01 07
TO CITY OF SIMI VALLEY
SHEET 4
PRINCETON AVE UC BRoNOo 52-331 L/R ROUTE 118 PM T18,57
COLLINS DR OC BR,NO, 52-332 1
ROUTE 118 PM T19,98
SOUTNERN PACIFIC RAILROAD
LIMIT OF AGREEMENT
ROUTE 118 PM R22"6
SHEET 3
NEW LOS ANGELES AVE UC BR,NO, 52-330 L/R ROUTE 23 PM T11055
SHEET 2
TIERRA REJADA RD UC BRoNOo 52-319 L/R ROUTE 23 PM R10,18
TIERRA REJADA RD
SIMI VALLEY I CITY LIMITS �-----------1
_ �ILY_LlMlT� --LIMIT OF AGREEMENT
ROUTE 23 PM R10,18
I I TO CITY OF THOUSAND OAKS EXHIBIT II A II
NOT TO SCALE
244
LEGEND:
UNINCORPERATED CITY OF MOORPARK
LOCAL ROAD SEGMENTS WITHIN FREEWAY RIGHT OF WAY LIMITS TO BE MAINTAINED BY CITY OF MOORPARK
CITY LIMITS
STATE RIGHT OF WAY
TIERRA REJADA RD UNDERCROSSING BR.NO. 52-0319 L/R
M "'
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DISTRICT COUNTY ROUTE SHEET PM SHEET NO" TOTAL SHEETS
07 VEN 23 Rl Oo 7 8 02 07
/
EXHIBIT II A II
NOT TO SCALE
245
LEGEND:
�
LOCAL ROAD SEGMENTS WITHIN
FREEWAY RIGHT OF WAY LIMITS TO BE MAINTAINED BY CITY OF MOORPARK
STATE RIGHT OF WAY
NEW LOS ANGELES ST UNDERCROSSING BR .NO. 52-0330 L/ R
DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS
07 VEN 23 T11.55 03 07
EXHIBIT "A"
NOT TO SCALE 246
I
LEGEND:
�
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LOCAL ROAD SEGMENTS WITHIN FREEWAY RIGHT OF WAY LIMITS TO BE MAINTAINED BY CITY OF MOORPARK
STATE RIGHT OF WAY
PRINCETON AVE UNDERCROSSING BR .NO. 62-0331 R/ L
DISTRICT COUNTY OUTE SHEET PM SHEET NO, TOTAL SHEETS
118 T18.57 04 07
EXHIBIT II A II
NOT TO SCALE
247
LEGEND:
WB ROUTE 118
LOCAL ROAD SEGMENTS WITHIN FREEWAY RIGHT OF WAY LIMITS TO BE MAINTAINED BY CITY OF MOORPARK
STATE RIGHT OF WAY
PRINCETON AVE UNDERCROSSING BR.NO. 52-0334 R/ L
DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS
07 VEN 118 T19.15 05 07
EXHIBIT II A II
NOT TO SCALE 248
DISTRICT COUNTY ROUTE SHEET PM SHEET NO 0 TOTAL SHEETS
07 VEN 118 T19o98 06 07
m �
LEGEND: m m
LOCAL ROAD SEGMENTS WITHIN
� FREEWAY RIGHT OF WAY LIMITS ::D ::D
TO BE MAINTAINED BY CITY OF 0 0
MOORPARK C: C: J STATE RIGHT OF WAY -I -I m m
COLLINS DR OVERCROSSING
.... .... EXHIBIT II A II
I .... .... • BR.NO. 52-0332 0) 0) NOT TO SCALE 249
FLAGPOLE
111111111111111111111111111111111111111111111�
LOS ANGELES Ave
LEGEND
� TO BE MAINTAINED BY CITY OF MOORPARK
STATE RIGHT OF WAY LIMITS
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ROUTE 118
DISTRICT COUNTY ROUTE SHEET PM SHEET NO. TOTAL SHEETS
07 VEN 118 R17.49 07 07
/1111111111111111111111111111111111111111111111111111111111111
EXHIBIT II A II
NOT TO SCALE
250
EXHIBIT B
LETTER CERTIFYING CITY’S’S SELF-INSURED STATUS
On Local Agency letterhead
California Department of Transportation
100 South Main Street, MS 03
Los Angeles, CA 90012 ________________, 20___
ATTN: Godson Okereke
Re: Statement of Self-Insurance for CITY of Moorpark for Freeway Maintenance
Agreement No. 07-23-RD05 with California Department of Transportation for
the City’s maintenance responsibilities within the State’s right of way along
SRs 23 and 118.
Dear Mr. Okereke:
This letter certifies that the CITY of Moorpark is self-insured and self-funded
covering third-party claims arising out of its general operations (i.e.; commercial
general liability and automobile liability insurance). Further, the CITY is self-
insured covering workers’ compensation claims and has received the consent
of the State Department of Industrial Relations to do so.
Each fiscal year, as a part of its budgetary process, the CITY appropriates funds
specifically to satisfy valid third-party claims and workers’ compensation claims,
which may be brought against the CITY.
The CITY certifies its self-insured, general liability coverage for bodily injury and
property damage liability, meets the required coverage amounts in section 15-D
(Insurance) of the Freeway Maintenance Agreement, specifically general
liability insurance, coverage of bodily injury and property damage liability in an
amount of $1 million per occurrence and $2 million in aggregate and $5 million
in excess.
If you need any additional information regarding this letter, please direct those
inquiries through my office.
Sincerely,
City Manager
City of Moorpark
251