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HomeMy WebLinkAboutItem No. 18 - Memorandum of Understanding with Riverside County Transportation Commission for18)Memorandum of Understanding with Riverside County Transportation Commission for the Construction of the Interstate 15 Express Lane Project Southern Extension Approve and authorize the Mayor to execute a Memorandum of Understanding with Riverside County Transportation Commission for the Construction of the Interstate 15 Express Lane Project Southern Extension. Page 1 of 2 REPORT TO CITY COUNCIL To:Honorable Mayor and Members of the City Council From:Jason Simpson, City Manager Prepared by:Yu Tagai, City Engineer Date:December 9, 2025 Subject:Memorandum of Understanding with Riverside County Transportation Commission for the Construction of the Interstate 15 Express Lane Project Southern Extension Recommendation Approve and authorize the Mayor to execute a Memorandum of Understanding with Riverside County Transportation Commission for the Construction of the Interstate 15 Express Lane Project Southern Extension. Background Riverside County Transportation Commission (RCTC) in partnership with Caltrans and the Federal Highway Administration, completed the Interstate 15 Express Lanes Project in 2021, which added two express lanes to I-15 in both directions between State Route 60 to Cajalco Road in Corona. RCTC is now undertaking the construction of two new tolled express lanes from approximately Cajalco Road to approximately State Route 74 (Central Avenue) in the City of Lake Elsinore. The I-15 Express Lane Southern Extension proposes to widen up to 15 bridges, add noise barriers, retaining walls, and drainage systems, and implement tolling equipment and signs. Discussion The Memorandum of Understanding will establish and coordinate the responsibilities of RCTC and the City, with respect to the I-15 Express Lanes Southern Extension Project. RCTC is responsible for providing all services to complete the project and obtain all applicable environmental approvals and permits; providing all funding for the project; constructing any project work within the City’s jurisdiction and providing the City an opportunity to inspect said work; carrying out public outreach to keep the stakeholders and general public apprised of the project. City is responsible for reviewing plans in a timely manner for project work, if any, in the City‘s jurisdiction; processing required encroachment permits; and attending meetings of task force I-15 ELPSE MOU Page 3 of 2 formed for public information, traffic management, detours, and related construction work. Currently, there are no modifications to any City-owned facility expected. Fiscal Impact There is no financial impact associated with entering into the Memorandum of Understanding. Attachments Attachment 1 - I-15 ELPSE MOU Attachment 2 - Project Map Engineering 17336.01114\42688907.2 1 MEMORANDUM OF UNDERSTANDING BETWEEN RIVERSIDE COUNTY TRANSPORTATION COMMISSION AND THE CITY OF LAKE ELSINORE FOR CONSTRUCTION OF THE INTERSTATE 15 EXPRESS LANE PROJECT SOUTHERN EXTENSION This Memorandum of Understanding (“MOU”) is made and entered into this _____ day of _________, 2025 (“Effective Date”) by and between the Riverside County Transportation Commission (“RCTC”) and the City of Lake Elsinore (“City”). RCTC and the City are sometimes referred to herein individually as “Party”, and collectively as “Parties”. RECITALS WHEREAS, RCTC is undertaking the construction of two new tolled express lanes in each direction in the median of Interstate 15 (I-15) from approximately Cajalco Road in Corona to approximately State Route 74 (Central Avenue) in the City of Lake Elsinore for distance of approximately 15.8 miles, herein referred to as “Project”. The Project is further depicted in Exhibit A. WHEREAS, the Project extends to the south of the existing I-15 Express Lanes which opened in 2021 and currently ends in the vicinity of Cajalco Road. The Project proposes the widening of up to 15 bridges; potential construction of noise barriers, retaining walls, and drainage systems; and implementation of electronic toll collection equipment and signs. WHEREAS, the Project includes three toll zones in each direction, each approximately 5 miles in length, and are commonly referred to as “Segments”. The ingress and egress, into and out of the toll lanes respectively, is expected to be consistent with the existing I- 15 Express Lanes. WHEREAS, no new permanent right-of-way is expected to be acquired as the Project is constructed entirely within the existing freeway right-of-way. WHEREAS, no modification of any City owned facility is currently expected. The only expected impact to local city streets may be temporary impacts due to the inside widening of the existing State owned overcrossing bridge at Lake Street. WHEREAS, RCTC intends to utilize the Progressive Design Build (PDB) approach to design and construct the Project in Segments as funding becomes available. The first Project Segment to be constructed and opened to traffic is referred to as the Initial Operating Segment and is expected to be the northerly most toll segment, with the southerly limits at approximately the Indian Truck Trail interchange. 17336.01114\42688907.2 WHEREAS, the Parties acknowledge that RCTC has or shall fully comply with the California Environmental Quality Act (CEQA) and all other applicable laws, as a precondition to construction of the Project. WHEREAS, it is the intent of the Parties to enter into this MOU to establish and coordinate the responsibilities of the Parties with respect to the Project, establish certain opportunities for cooperation and coordination and set forth various responsibilities of the Parties all as further set forth herein. NOW THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, it is mutually understood and agreed by RCTC and the City as follows: TERMS 1. Definitions. In addition to the definitions set forth in the recitals above, the following terms shall have the meanings as set forth below. 1.1 As used in this MOU, The term “PDB Phase 1” shall refer to the period of time in which RCTC and the design builder are developing preliminary design and mutually negotiating the cost for the final design and construction. PDB Phase 1 may cover the entire Project or segments therein. 1.2 As used in this MOU, The term “PDB Phase 2” shall refer to the period in which RCTC and the design-builder are developing final design and constructing the project. PDB Phase 2 may cover the entire Project or segments therein. 1.3 As used in this MOU, the term “City’s Jurisdiction” shall mean and refer to the areas within the Project limits either owned and/or maintained by the City. As used herein, the term “City’s Jurisdiction” expressly excludes the State highway and Riverside County owned right of way. 1.4 As used in this MOU, the term “City Standards” shall mean and refer to the City’s standard plans, specifications, policies, guidelines, and ordinances, design criteria, construction details, and testing/inspection requirements, and amendments and supplements thereto, for work within the City’s Jurisdiction, approved by the City and in effect six months prior to execution of any PDB Phase 2 contract between RCTC and the design-builder. 2. Term. This MOU shall be effective as of the date first set forth above, and shall continue in effect until the Project is completed and accepted by RCTC, as will be further defined in the RCTC and design-builder PDB Phase 2 contract, unless otherwise terminated as specified in this MOU (“Term”). 3. Agreement to Cooperate. The Parties agree to mutually cooperate in order to help ensure that the Project is successfully completed with minimum impact to both Parties, and the City commits to support the Project. The Parties will coordinate any 17336.01114\42688907.2 concurrent construction projects occurring during the PDB Phase 2 period to minimize impacts to both parties. 4. Additional Improvements Requested by City. If the City requests additional improvements to City owned facilities within the Project limits, the Parties will mutually cooperate to incorporate the improvements to the extent reasonable without doing harm to the Project. The City will be responsible for environmental approvals and paying for all the costs of any City requested betterment. RCTC has the sole discretion of approving the addition of any City requested improvements into the Project. 5. Obligations of the City. If consistent with all applicable local, state and federal laws and regulations, the City agrees as follows: 5.1 The City shall timely review design plans for Project work, if any, to be completed within the City’s Jurisdiction, and provide any approvals or comments within thirty (30) days of receipt of the plans. If the City fails to provide any comments or its approval within said time period, the design plans shall be deemed approved by the City. The City shall inspect the Project work completed within the City’s Jurisdiction upon written notice of completion of the work by RCTC to the City, and shall provide approval or identify any punch list work within fifteen (15) days. 5.2 The City shall timely process the required encroachment permits to cover the RCTC design-builders work on the Project within the City right of way. Encroachment permits shall be processed in no more than five (5) working days after receipt of a complete encroachment permit application from the design-builder. The City shall not issue any encroachment permits to any other contractors if the proposed work thereunder has the potential to delay or impact the Project, without first coordinating the same with the design-builder and RCTC. 5.3 The City shall have appropriate representatives regularly attend meetings of the design-builder’s task forces formed for public information, traffic management and detours, and related construction work impacting the City, and shall provide input at such meetings related to Project work that may impact City residents. 5.4 The City shall waive all charges and fees related to plan review and inspections for the Project. 5.5 The City shall waive any street trenching restrictions/moratoriums currently in place within the City limits with respect to the Project work and shall waive any other local requirements that prohibit or interfere with construction of the Project. 5.6 Following completion of the Project work within the City’s Jurisdiction and prior to final acceptance thereof, the City shall timely review and provide approval of the work or identify any punch list work within fifteen (15) days from the written request for the final inspection. The City shall assume responsibility for the Project facilities completed within the City’s Jurisdiction upon final acceptance of the work by RCTC and shall be solely 17336.01114\42688907.2 responsible and liable for the operation, maintenance and use of, including all subsequent public use of such Project facilities, at no cost or expense to RCTC. 5.7 The City will make its best efforts to perform all obligations of the City related to the Project in such a manner as to allow the Project to progress as scheduled. 6. Obligations of RCTC. 6.1 RCTC shall be responsible for providing all services to complete the Project, or as reasonably necessary for Project completion and for obtaining all applicable environmental approvals and permits necessary to complete the Project, other than that mutually agreed upon additional improvements under Section 4.. 6.2 RCTC shall be responsible for providing all funding for the Project, other than that mutually agreed upon additional improvements under Section 4. 6.3 RCTC shall be responsible for the process of selecting the design- builder in compliance with all applicable local, state and federal laws and allow a representative for the City to participate in the selection process. 6.4 RCTC shall construct any Project work within the City’s Jurisdiction, including work under Section 4, to the City Standards that will be defined in the contract between RCTC and its design-builder. 6.5 RCTC shall provide the City an opportunity to inspect the Project work within City’s Jurisdiction during construction at City cost. 6.6 RCTC shall require its design-builder to obtain all required permits and approvals from the City for construction of any Project work within the City’s Jurisdiction. 6.7 RCTC shall include, in its contract with the design-builder, a requirement that the design-builder include the City as an additional insured and as an indemnified party under said agreement. 6.8 RCTC shall include, in its contract with the design-builder, a requirement that the design-builder repair any damage caused by its operations to Lake Street between the on and off ramp termini with Lake Street. 6.9 Except in the case of an unforeseen circumstance, RCTC shall require its design-builder to provide at least a fifteen (15) day notification to City prior to any full or partial closure of any streets within City’s Jurisdiction exceeding one (1) day in duration. Short term closures less than one (1) day in duration shall require forty eight (48) hours prior notice. 6.10 RCTC will institute a public outreach campaign to keep emergency responders, School District transportation department, transit operators, the residents of the City and the general public apprised of the Project work, and any street closures and 17336.01114\42688907.2 other impacts to use of City right of way that may result from the Project. In addition, RCTC shall develop and maintain a written Emergency Response plan that includes emergency contact information for RCTC’s design-builder, County of Riverside, City of Lake Elsinore emergency responders and design-builder personnel that would be expected to respond to an emergency situation. 6. Mutual Agreement 6.1 The Parties agree that PDB nature of the project results in the project being designed and constructed in segments, or its entirety, as funding becomes available. 6.2 The Parties agree that the express lane access locations as depicted in the draft environmental document publicly circulated on October 9, 2024 are preliminary and subject to change during preliminary and final design. Final express lane access locations are at the sole discretion of RCTC in accordance with applicable design standards. 6.3 The Parties agree that currently there are no known additional improvements or reconstruction of any City owned facilities within City’s Jurisdiction. 6.4 Other than reviews related to final inspection and City Acceptance of the Project facilities within the City's Jurisdiction, the Parties agree that RCTC shall be the party responsible for conducting reviews of the Contractor's designs and plans, and for performance of any required field inspections to document that the work performed conforms to City Standards. RCTC shall provide the City copies of all design plans for improvements within City's Jurisdiction, for review and comment during development by the Contractor of the final design for the Project. Approval of the Contractor's designs and plans shall remain within the sole discretion of RCTC. 7. Indemnification. 7.1 RCTC shall indemnify, defend and hold the City, its directors, officials, officers, employees, agents, consultants and design-builders free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or in equity, to property or persons, including wrongful death, in any manner arising out of or incident to any negligent acts, omissions or breach of law, or willful misconduct of RCTC, its officials, officers, employees, agents, consultants or design- builders in the performance of RCTC’s obligations under this MOU, including the payment of all reasonable attorneys’ fees. 7.2 The City shall indemnify, defend and hold RCTC, its directors, officials, officers, employees, agents, consultants and design-builders free and harmless from any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or in equity, to property or persons, including wrongful death, in any manner arising out of or incident to any negligent acts, omissions or breach of law, or willful misconduct of the City, its officials, officers, employees, agents, consultants or design-builders in the performance of the City’s obligations under this MOU, including the payment of all reasonable attorneys’ fees. 17336.01114\42688907.2 8.3 The indemnification provisions set forth in this Section 8 shall survive any expiration or termination of this MOU. 17336.01114\42688907.2 17336.01114\42688907.2 7 SIGNATURE PAGE TO MEMORANDUM OF UNDERSTANDING IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding on the date first herein above written. RIVERSIDE COUNTY TRANSPORTATION COMMISSION By: Aaron Hake, Executive Director Approved as to Form: By: _________________________ Best Best & Krieger LLP General Counsel CITY OF LAKE ELSINORE Approved by the City Council By: Brian Tisdale Mayor ATTEST: By: Candice Alvarez City Clerk (SEAL) Approved as to Form: City Attorney By: Barbara Leibold, City Attorney 17336.01114\42688907.2 EXHIBIT “A” As depicted in Figure 1, the proposed Project will construct two new tolled express lanes in each direction in the median of Interstate 15, extending to the south the existing I-15 Express Lanes that opened in 2021, from approximately Cajalco Road in Corona to approximately State Route 74 in the City of Lake Elsinore, approximately 15.8 miles. The Work will take place in the Cities of Corona, Lake Elsinore and the County of Riverside. The Express Lane toll zones, also referred to as segments, are depicted in Figure 2. The first construction segment, referred to as the Initial Operating Segment, is expected to be Segment 1. Figure 1 17336.01114\42688907.2 17336.01114\42688907.2 Figure 2