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2019/06/25 Riverside County Transportation Agency I-15 Nichols Road Interchange to the I-215 and Ethanac Road Interchange Agreement1 5 7 Contract No.19 bs Riverside Co. Transportation Lake, Fisinore, Farris and Menifee Agreement for the Nichols Road & Ethanac Road Corridor Sturdy AGREEMENT BY AND BETWEEN RIVERSIDE COUNTY AND THE CITIES OF LAKE ELSINORE, PERRIS AND MENIFEE FOR A CORRIDOR DEVELOPMENT PLANNING STUDY CONNECTING 8 11 THE 1-15 & NICHOLS ROAD I Ti=RCHANGE TO THE 1-215 & ETHANAC ROAD INTERCHANGE 9 This AGREEMENT, effective on LCi by and between the County of Riverside, 10 acting through its Transportation Department, referred to hereinafter as COUNTY, and the Cities of Lake Elsinore, 11 Perris and Menifee, hereinafter individually referred to as a CITY and collectively referred to as CITIES. COUNTY If- AND CITIES are sometimes collectively referred to hereinafter as PARTIES, and individually as a PARTY. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RECITALS ' A. On January 17, 2017, COUNTY entered into an agreement with the Riverside County Transportation Commission (RCTC) titled "Agreement with the County of Riverside for the Funding of Measure A Western County New Corridors Improvement Study of the Ethanac Road/State Route 74 (SR-74)/Nichols Road Corridor Project". The terms of that agreement provide funding in the amount of $2,000,000 to perform the study. The funding required for the full study is split with RCTC providing $2,000,000 and Local Agencies providing the remaining $1,000,000. I B. On March 7, 2017, COUNTY entered into an agreement with Michael Baker International titled "Engineering Services Agreement for El Toro Ethanac Expressway Project Corridor Development Planning Study between County of Riverside • Transportation Department and Michael Baker International". The terms of the agreement stipulate that the firm of Michael Baker International will provide environmental and engineering consulting services necessary to complete the Corridor Development Planning Study (referred to hereinafter r� as CORRIDOR STUDY) for a fee not to exceed $1,500,000. C. The proposed CORRIDOR STUDY area is located within the jurisdictional boundaries of the COUNTY and LAJ CITIES as shown on the map attached as Exhibit "A" and incorporated herein by reference. " D. East -west traffic within western Riverside County is currently carried primarily on Interstate 10 and State Routes 60 and 91. These corridors are already experiencing significant gridlock and the situation is projected JUN 2 5 2019 M 1 Interagency Cooperative Agreement e' Lake Elsinore, Perris and Menifee Agreement for the Nichols Road & tathanac Road Corridor Study to worsen. The CORRIDOR STUDY is intended to provide guidance on implementing transportation projects 2 I that will improve east -west mobility to the benefit of the PARTIES to this AGREEMENT. 3 E. PARTIES desire to share in the cost of the Local Agency funding contribution of $1,000,000 ("Local Agency 4 i Contribution"). The Local Agency Contribution shares will be split with the COUNTY contributing $475,000 and each City contributing $175,000. 6 �I F. COUNTY will act as the Lead Agency and will coordinate the CORRIDOR STUDY with CITIES. 7� G. The initial focus of the CORRIDOR STUDY will be to evaluate extending Ethanac Road to connect to State 8 Route 74 and to evaluate connecting the Nichols Road and Interstate 15 Interchange to State Route 74 by 9 means of new road segments as shown on the map attached as Exhibit "B" and incorporated herein by 19 reference. Subsequent analysis will determine the impacts to other segments of the corridor and will make 11 12 13 14 15 recommendations for improvements that are needed to make the corridor function efficiently between Interstate 15 and Interstate 215. AGREEMENT i NOW THEREFORE, in consideration of the mutual promises contained herein, the PARTIES hereto agree as I follows: 16 !� 1. All recitals are true and correct and incorporated herein by reference. 17 2. COUNTY will contribute $475,000 in funding towards the Local Agency Contribution. 18 3. The CITIES will each contribute $175,000 in funding towards the Local Agency Contribution, which shall be 19 deposited with COUNTY within thirty (30) days of full execution of this AGREEMENT. 29 4. Any savings recognized will be credited or reimbursed, when allowed by policy or law, in proportion to the 21 amount obligated by each PARTY. 22 + 5. Nothing in this AGREEMENT is intended to commit either the COUNTY or CITIES to funding any portion of 23 CORRIDOR STUDY beyond the funds specifically identified for the CORRIDOR STUDY as described in this 24 AGREEMENT, nor shall this AGREEMENT be construed as obligating COUNTY or CITIES to continue with 25 the CORRIDOR STUDY, if funds are not available. 26 11 6. COUNTY will coordinate with CITIES' staff, CITIES' councils, community groups and the general public as 27 part of the outreach effort for the CORRIDOR STUDY. An outreach schedule showing the intended outreach 28 effort is attached as Exhibit "C" to this AGREEMENT and is incorporated herein by reference. 29 7. CITIES will issue, upon proper application and where deemed appropriate by CITIES and not unreasonably Interagency Cooperative Agreemem 1 2 3 5 6 7 8 9 1r 11 12 13 14 15 -16 17 18 19 20 21 22 23 24 25 Lake Elsinore, Perris and Menifee Agreement for the Nichols Road & Ethanac Road Corridor Sturdy withheld, the encroachment permits required for the CORRIDOR STUDY within CITIES' right-of-way. The encroachment permits, or equivalent permits, that are provided pursuant to this Section 7 shall be provided by CITIES to COUNTY (including its contractors, subcontractors, consultants and agents) at no cost. 8. Nothing in this AGREEMENT shall be construed to prevent or preclude COUNTY from expending funds on the CORRIDOR STUDY prior to the execution of the AGREEMENT, or from being reimbursed for such expenditures. However, COUNTY understands and acknowledges that any expenditure of funds on the CORRIDOR STUDY prior to the execution of the AGREEMENT is made at the COUNTY's sole risk, and that some expenditures by the COUNTY may not be eligible for reimbursement under this AGREEMENT. 9. The COUNTY shall require, at a minimum, all persons or entities hired to perform the CORRIDOR STUDY (including their subcontractors, consultants and agents) to obtain insurance of the types and in the amounts described below. Such insurance shall be maintained throughout the term of this AGREEMENT, or until completion of the CORRIDOR STUDY, whichever occurs last: a) Occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the work contemplated under this AGREEMENT ("WORK") or be no less than two times the occurrence limit. b) Business automobile liability insurance or equivalent form with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c) Errors and omissions liability insurance with a limit of not less than $1,000,000 per occurrence. Professional liability insurance shall only be required of design or engineering professionals. d) Workers' compensation insurance with statutory limits and employers' liability insurance with limits of not less than $1,000,000 each accident. 10. For the term of this AGREEMENT, no member, officer or employee of the COUNTY or CITIES, during the term of his or her service with the COUNTY or CITIES, as the case may be, shall have any direct interest in 26 this AGREEMENT, or obtain any present or anticipated material benefit arising therefrom. 27 11. CITIES and COUNTY shall retain or cause to be retained for audit for a period of three (3) years from the date 28 of final payment, all records and accounts relating to the WORK or the execution of this AGREEMENT. 29 12. Neither COUNTY nor any officer or employee thereof shall be responsible for any damage or liability Interagency Cooperative Agreement 1 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 i Lake Elsinore, Perris and Menifee Agreement for the Nichols Road & Ethanac Roars Corridor Study I occurring by reason of anything done or omitted to be done by CITIES under or in connection with any work, authority or jurisdiction delegated to CITIES under this AGREEMENT. It is further agreed that pursuant to Government Code Section 895.4, each City shall fully indemnify and hold COUNTY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done by such CITY under or in connection with any work, authority or jurisdiction delegated to CITIES under this AGREEMENT. 13. Neither CITIES nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by COUNTY (or its contractors, subcontractors, consultants, or agents) under, or in connection with any work, authority or jurisdiction delegated to COUNTY under this AGREEMENT. It is further agreed that pursuant to Government Code Section 895.4, COUNTY shall fully indemnify and hold CITIES harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by COUNTY (or its contractors, subcontractors, consultants, or agents) under or in connection with any work, authority or jurisdiction delegated to COUNTY (or its contractors, subcontractors, consultants, or agents) under this AGREEMENT. 14. This AGREEMENT shall be governed by and construed under the laws of the State of California. Venue shall be in Riverside County, California. 15. If any PARTY commences an action against another PARTY arising out of or in connection with this AGREEMENT, the prevailing party in such litigation shall be entitled to have and recover from the losing party, reasonable attorneys' fees and costs of suit. 16. This AGREEMENT constitutes the entire agreement between the PARTIES relating to the subject matter hereof and supersedes any previous agreements or understandings. 17. The invalidity in whole or in part of any provision of this AGREEMENT shall not void or affect the validity of any other provision of this AGREEMENT. 18. All rights and obligations hereunder that by their nature are to be performed after any expiration or termination of this AGREEMENT shall survive any such expiration or termination. 27 I� 19. There are no intended third party beneficiaries of any right or obligation assumed by the PARTIES. 28 20. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed 29 by all PARTIES and no oral understanding or other agreement not incorporated herein shall be binding on the Interagency Cooperative Agreement MW 1 2 3 4 {I 5 6 7 81 � I 10 11 12 13 1 14 15 16 17 I 18 19 20 21 22 23 24 25 26 27 28 29 Lake Elsinore, Perris and Menifee Agreement for the Nichols Road & Ethanac Road Corridor Study PARTIES. 21. This AGREEMENT may be executed in one or more counterparts, and when a counterpart shall have been signed by each PARTY hereto, each shall be deemed an original, but all of which constitute one and the same instrument. Interagency Cooperative Agreement Lake Elsinore, Perris and Menifee Agreement for the Nichols Road d Ethonsc Road Corridor Study ARTICLE VIII • APPROVALS COUNTY: JUN 25 2019 KEVI d JEFFRIES ►MNM NAM Chairman, Riverside County Board of Supervisors Q ATTEST: � x O } 10 LL 00 11 JUN 2 6 2019 12 d: 13 KECIA HARPER-?fllhIF 14 Clerk of the Board (SEAL) 15 16 .. CITY OF PERRIS: 17 18 19 [. r Dated: (✓ �? 20 Richard Belmudez NAMe 21 City Manager 22 mt! 23 ATTEST: 24 25 26 Dated: 27 N S 5 aA r 29 City Clerk C Interagency Cooperative Agreement CITY OF LAKE ELSINORE: _ Dated: J a y Grant Yates PP&MO RAM City Manager mu - ATTEST: O•u-�_ i14 City Clerk m,.e CITY OF MENIFEE: Dated: �F16 1 AaM4AID A 6_V(0,4- TED XPATE Gr MAAfA66�-2 Tntz ATTEST: E NICHOLS ROAD EXHIBIT C • OUTREACH SCHEDULE Ethanac Road and Nichols Road Corridor Development Planning Study i PROJECT DEVELOPMENT County Kick-off Project kick-off. County Project Team ■ Project Team Meetings Discuss and resolve project issues and coordinate activities. County Project Team • • • STAKEHOLDER COORDINATION Project Scoping Meetings Cities Kick-off meeting w/Cities City Engineers (and applicable Technical Staff), County Project � Team Caltrans Kick-off meeting w/Caltrans Caltrans Planners & Local Assistance Staff, County Project Team Alternative Screening Workshop Workshop 1: Determine Screening Criteria for Nichols Road alternatives. Technical Advisory Group, County Project Team • • Workshop 2: Receive initial input on Nichols Road alternatives. Corridor Vision Workshops Workshop 1: Present initial Corridor Vision to County and receive input. Workshop 1: County Project Team •• Workshop 2: Present revised Corridor Vision and obtain final feedback. Workshop 2: Technical Advisory Group, County Project Team Pre -Application Meeting with RCA Obtain input from RCA regarding the gap closures Regional Conservation Authority, County Project Team Alternative Workshop Present initial Nichols Road alternatives, concur on selected build alternatives. Technical Advisory Group, County Project Team Project Action Plan Workshop Present the segments and sequencing of the project. Receive input. Focused Meetings Focused meetings to be set as needed to discuss project specific details and Agencies, Stakeholders, County Project Team receive input on alignments, alternatives, land use, development, etc. STAKEHOLDER BRIEFINGS Focused Briefings Specialized briefings as requested. Targeted Stakeholder Groups, such as Elected Officials or Chambers of Commerce City Council Briefings Public presentation to City Councils on project status updates. City Councils, City Staff, Council Meeting Attendees, County Project Team, County Management Lake Elsinore Menifee Perris PUBLIC OUTREACH MAC/CAC Meetings Round 1: To introduce project MAC/CAC members, Public, County Project Team, County Round 2: To report findings from open houses and workshops Management Warm Springs CAC Good Hope/Meadowbrook MAC ! Winchester -Homeland MAC ! Nuview-Romoland MAC Q. Mead Valley MAC ■ Open House Community Meeting Present project, answer questions and obtain feedback Public, County Project Team Supervisor Town Halls Project presentation Public, County Supervisor, County Project Team, County Management Note: The meeting times and attendees represent the anticipated meeting time frames and attending groups for the Planning Study. The list of meetings and attendees may not be complete and may change during the process of completing the Planning Study. • • • As Required As Required • As scheduled by Supervisors June 7, 2017 Il � • ! r ! • •