HomeMy WebLinkAboutContract 1960 0 --19ioO
AGREEMENT No. 20-62-054-00
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AGREEMENT FOR FUNDING UNDER SB 821 BICYCLE AND
PEDESTRIAN FACILITIES PROGRAM
(Transportation Development Act Article 3; Senate Bill 821)
This Funding Agreement ("AGREEMENT') is entered into as of March 31 , 2022
("Effective Date"), by and between the RIVERSIDE COUNTY TRANSPORTATION
COMMISSION("RCTC") and the CITY OF CATHEDRAL CITY("RECIPIENT"). RCTC and
RECIPIENT may be referred to herein individually as a"Party"and collectively as the "Parties."
RECITALS
A. RCTC is a county transportation commission created and existing pursuant to California Public
Utilities Code Sections 130053 and 130053.5.
B. Under RCTC's SB 821 Bicycle and Pedestrian Facilities Program("PROGRAM"), cities and
counties in the County of Riverside are notified of the availability of PROGRAM funding and
a call for projects("CALL FOR PROJECTS")is anticipated to be issued biennially by RCTC.
C. On February 4, 2019, a CALL FOR PROJECTS was published by RCTC seeking applications
for FY 2019/20 PROGRAM funding, which applications were reviewed in accordance with
the applicable evaluation criteria included in the CALL FOR PROJECTS.
D. Based on the application attached as Attachment 1 and incorporated herein by this reference,
RECIPIENT has been selected to receive PROGRAM funding for its proposed Cathedral
Canyon Drive Sidewalk Gap Closure("PROJECT").
E. In conjunction with its application to RCTC, RECIPIENT was competing for Active
Transportation Program ("ATP") funds to use as its funding match for the PROJECT.
Therefore the Parties delayed entering into the AGREEMENT until the ATP funds were
secured by RECIPIENT.
F. Funding for the PROJECT shall be provided pursuant to the terms contained in this
AGREEMENT and pursuant to applicable PROGRAM policies adopted by RCTC, which are
attached hereto and incorporated herein as Attachment 2.
NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants and
consideration contained herein,the Parties mutually agree as follows:
1. Incorporation of Recitals. The Parties acknowledge and agree that the above recitals are true
and correct,and hereby incorporate those recitals by this reference into the AGREEMENT.
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2. RCTC Funding Amount. RCTC hereby agrees to distribute to the RECIPIENT, on the terms
and conditions set forth herein, a sum not to exceed Three Hundred and Thirty Eight Thousand
Four Hundred Dollars ($338,400), to be used exclusively for reimbursing the RECIPIENT for
eligible expenses as described herein ("FUNDING AMOUNT"). RECIPIENT acknowledges
and agrees that the FUNDING AMOUNT may be less than the actual and final cost of the
PROJECT, which final costs are the sole responsibility of RECIPIENT, and RCTC will not
contribute PROGRAM funds in excess of the maximum authorized in this Section 2 unless
otherwise mutually agreed to in writing by the PARTIES. In the event the FUNDING
AMOUNT is not fully utilized by RECIPIENT for the PROJECT, the unused FUNDING
AMOUNT must be returned to RCTC within ninety (90) ninety days of a written request by
RCTC unless RECIPIENT can demonstrate in writing, subject to written approval by RCTC
in its sole discretion,the following: (i)valid reason for why PROJECT costs were significantly
lower than the estimate included in RECIPIENT's attached application for funding, and (ii)
written proposal for how any unused FUNDING AMOUNT will be used for a proposal to
support the PROJECT or other use that supports the goals and requirements of the PROGRAM.
2.1 Eligible Project Costs. Reimbursement for PROJECT costs
("REIMBURSEMENT') may only include those items expressly allowed for under Article 3 of
the Transportation Development Act (California Public Utilities Code section 99200 et seq.),
which provides that funding shall be allocated for the construction, including related engineering
expenses, of facilities based on the PROGRAM policies adopted by RCTC, provided that such
items are included in the scope of work included in the application, attached as Attachment 1
("SCOPE OF WORK"). All PROJECT costs not included in the SCOPE OF WORK and not
expressly permitted under Article 3 of the Transportation Development Act and the PROGRAM
policies shall be considered ineligible for REIMBURSEMENT. In the event the SCOPE OF
WORK needs to be amended, RECIPIENT shall submit a letter requesting such amendment, the
reasons for the requested change and confirmation that costs associated with the proposed
amendment are eligible for PROGRAM reimbursement for written approval by RCTC, which
approval is subject to RCTC's discretion.
In the event of any ambiguity between this AGREEMENT, PROGRAM policies, and applicable
law, the following order of precedence will govern: (1)Applicable law; (2) PROGRAM policies;
(3) this AGREEMENT. In the•case of any conflict between this Agreement and any of its
attachments,the body of this Agreement shall govern.
2.2 Timing for Project Completion. In accordance with the PROGRAM
policies attached hereto as Attachment 2, RECIPIENT has until January 31, 2024 to complete the
PROJECT, unless otherwise agreed to in writing by the PARTIES. If the PROJECT is not
completed by January 31,2024,RCTC shall have the sole discretion to delete the PROJECT from
the PROGRAM and reprogram the funding for future approved PROGRAM projects.
RECIPIENT will not be reimbursed until the PROJECT is accepted as complete in writing by
RCTC following the submission of the PROGRAM funding claim form ("CLAIM FORM")
attached hereto and incorporated herein as Attachment 3. In the event additional time is needed
for the completion of the PROJECT, RECIPIENT may submit a letter to RCTC requesting an
extension of time to complete the PROJECT with an explanation of why the PROJECT cannot be
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completed under the existing schedule for completion included as Attachment 1. attached hereto
and incorporated herein. Before and after PROJECT photographs must be included with the
CLAIM FORM upon PROJECT completion, as well as copies of paid invoices and any other
backup requested for repayment and audit purposes.
2.3 Increases in Project Funding. The FUNDING AMOUNT may, at RCTC's
sole discretion, be augmented with additional PROGRAM funds and local agency match funds
proportionate to the amounts included in Section 3 if there is a FUNDING AMOUNT balance and
the RECIPIENT provides justification as to the reason for the funding increase. Any such increase
in the FUNDING AMOUNT must be approved in writing by RCTC's Executive Director and
RCTC shall be under no obligation whatsoever to approve any increase in the FUNDING
AMOUNT. No such increased funding shall be expended to pay for any PROJECT work already
completed.
2.4 Cost Savings. In the event that bids or proposals for the PROJECT are
lower than anticipated, or there are cost savings for any other reason, the FUNDING AMOUNT
shall be reduced through an amendment to the AGREEMENT mutually agreed to in writing by
the Parties. RECIPIENT shall inform RCTC of any cost savings and any cost savings shall be
returned to RCTC or may be reprogrammed with written approval by RCTC for other RECIPIENT
projects that align with the PROGRAM. No PROGRAM funding may be used for projects not
approved by RCTC. If RECIPIENT provides a local match commitment and there are cost savings
on the PROJECT, RCTC will still be reimbursed at the matching ratio as presented in the Project
application despite such cost savings in accordance with PROGRAM policies.
2.5 No Funding for Temporary Improvements. Only segments or components
of the PROJECT that are intended to form part of or be integrated into the PROJECT may be
funded by PROGRAM funds. No improvement(s)which is/are temporary in nature, including but
not limited to temporary lanes,curbs,or drainage facilities,shall be funded with PROGRAM funds
except as needed for staged construction of the PROJECT.
2.6 Review and Reimbursement by RCTC. Upon receipt of the final detailed
invoice from the RECIPIENT clearly documenting work completed and corresponding costs,
RCTC may request additional documentation or explanation of the SCOPE OF WORK costs for
which reimbursement is sought. Undisputed amounts shall be paid by RCTC to the RECIPIENT
within thirty (30) days. In the event that RCTC disputes the eligibility of the RECIPIENT for
reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an
attempt to resolve the dispute. Additional details concerning the procedure for the RECIPIENT's
submittal of invoices to RCTC and RCTC's consideration and payment of submitted invoices are
set forth in Attachment 3.
2.7 Recipient's Funding Obligation to Complete the Work. In the event that
the PROGRAM funds allocated to the SCOPE OF WORK represent less than the total cost of the
PROJECT, RECIPIENT shall be solely responsible for providing such additional funds as may be
required to complete the PROJECT. RCTC has no obligation with respect to the safety of any
SCOPE OF WORK performed at a PROJECT site. Further, RCTC shall not be liable for any
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action of RECIPIENT or its contractors relating to the condemnation of property undertaken by
RECIPIENT or construction related to the PROJECT.
2.8 Recipient's Obligation to Repay Program Funds to RCTC. In the event it
is determined, whether through a post-completion audit or otherwise, the PROJECT was not
completed in accordance with the PROGRAM requirements or this AGREEMENT,RECIPIENT
agrees that any PROGRAM funds distributed to RECIPIENT for the PROJECT shall be repaid in
full to RCTC. The Parties shall enter into good faith negotiations to establish a reasonable
repayment schedule and repayment mechanism which may include, but is not limited to,
withholding of Measure A Local Streets and Roads revenues, if applicable. RECIPIENT
acknowledges and agrees that RCTC shall have the right to withhold any Measure A Local Streets
and Roads revenues due to RECIPIENT, in an amount not to exceed the total of the PROGRAM
funds distributed to RECIPIENT, and/or initiate legal action to compel repayment, if the
RECIPIENT fails to repay RCTC within a reasonable time period not to exceed one hundred eighty
(180)days,including any good faith negotiations, from receipt of written notification from RCTC
that repayment is required due to failure to comply with the PROGRAM policies or this
AGREEMENT.
2.9 Records Retention and Audits. RECIPIENT shall retain all PROJECT
records in an organized manner for a minimum of three (3) years followingcompletion of the
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PROJECT. PROJECT records shall be made available for inspection by RCTC upon request. If
a post PROJECT audit or review indicates that RCTC has provided reimbursement to the
RECIPIENT in an amount in excess of the maximum PROGRAM provided for in this Section 2,
or has provided reimbursement of ineligible PROJECT costs, the RECIPIENT shall reimburse
RCTC for the excess or ineligible payments within thirty(30)days of notification by RCTC. This
Section 2.9 does not supersede any rights or remedies provided to RCTC under Section 2.8 or
applicable law.
3. Recipient's Local Match Contribution. RECIPIENT shall provide at least One Hundred and
Twelve Thousand Six Hundred Dollars($112,600)of funding toward the SCOPE OF WORK,
as indicated in RECIPIENT'S application attached as Attachment 1 and submitted to RCTC in
response to its CALL FOR PROJECTS. RECIPIENT costs related to (i) preparation and
administration costs related to invoices, billings and payments; (ii) any RECIPIENT fees
attributed to the processing of the SCOPE OF WORK;and(iii)expenses for items not included
within the attached SCOPE OF WORK shall be borne solely by the RECIPIENT and shall not
qualify towards RECIPIENT's local match requirement in this Section 3.
4. Term: The term of this AGREEMENT shall be from the date first herein above written until:
(i) the date RCTC formally accepts the PROJECT as complete, pursuant to Section 2.2; (ii)
termination of this AGREEMENT pursuant to Section 14; or (iii) RECIPIENT has fully
satisfied its obligations under this AGREEMENT. All applicable indemnification and
insurance provisions of this AGREEMENT shall remain in effect following the termination of
this AGREEMENT.
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5. Recipient Responsibilities, RECIPIENT shall be responsible for all aspects of the PROJECT,
in compliance with all applicable state and federal laws, including: (i) development and
approval of plans, specifications and engineer's estimate in accordance with all applicable
laws,regulations and building codes;obtaining any necessary environmental clearances;right
of way acquisition; and, obtaining all permits required by impacted agencies prior to
commencement of the PROJECT; (ii) all aspects of procurement, contracting, and
administration of the contracts and claims for the PROJECT;(iii)all construction management
of any construction activities undertaken in connection with the PROJECT, including
surveying and materials testing; and, (iv) development of a budget for the PROJECT and
SCOPE OF WORK prior to award of any contract for the PROJECT,taking into consideration
available funding, including PROGRAM funds.
6. Indemnification. RECIPIENT shall defend, indemnify and hold RCTC, its officials,governing
board members, officers,employees, agents, and consultants free and harmless from any and
all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any
kind, in law or equity,to property,persons or government funding agency, including wrongful
death, to the extent arising out of or incident to any intentional or negligent acts, errors or
omissions of the RECIPIENT,its officials,officers, employees,agents,and consultants related
to a breach of this AGREEMENT or any act or omission arising out of the activities governed
by this AGREEMENT. RECIPIENT'S obligation to indemnify includes without limitation
the payment of all consequential damages and reasonable attorneys' fees, expert witness fees
and other related costs and expenses of defense. RECIPIENT shall defend, at its own cost,
expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every
kind that may be brought or instituted against RCTC, its officials, officers,employees, agents,
and consultants in connection with this AGREEMENT. RECIPIENT shall pay and satisfy any
judgment, award or decree that may be rendered against RCTC, its officials, officers,
employees, agents, and consultants in any such suits, actions or other legal proceedings,
including any settlement. RECIPIENT's obligation to indemnify shall not be restricted to
insurance proceeds.
7. Expenditure of Funds by Recipient Prior to Execution of Agreement. RECIPIENT
commenced the Project on or about November 18, 2019, and costs incurred following such
date are eligible for reimbursement under this AGREEMENT, provided they otherwise meet
the requirements herein, and provided that this AGREEMENT is executed no later than June
1, 2022.
8. Compliance with Applicable Laws and Insurance. RECIPIENT agrees to comply with all
applicable laws and regulations, including public contracting laws, requirements for any local
state or federal funding used, and records retention and performance reporting requirements
concerning the SCOPE OF WORK and PROJECT, which applicable laws and regulations shall
be passed on to contractors by RECIPIENT as applicable. RECIPIENT shall have the
responsibility of making sure the appropriate amounts of insurance are included in all
applicable agreements for the construction of the PROJECT and RCTC shall be named as an
Additional Insured on all insurance certificates obtained for the completion of the PROJECT.
PROJECT insurance funds shall be looked to first for the repayment of any claims determined
to have merit.
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9. Representatives of the Parties. RCTC's Executive Director, or his or her designee, shall serve
as RCTC's representative and shall have the authority to act on behalfof RCTC for all purposes
under this AGREEMENT. RECIPIENT's representative shall be the individual identified in
the Project application as RECIPIENT'S representative to RCTC. RECIPIENT'S
representative, or designee, shall have the authority to act on behalf of RECIPIENT for all
purposes under this AGREEMENT and shall coordinate all activities with RCTC concerning
the SCOPE OF WORK under the RECIPIENT's responsibility. RECIPIENT shall work
closely and cooperate fully with RCTC's representative and any other agencies which may
have jurisdiction over or an interest in the PROJECT.
10.Monitorine of Progress by RCTC. RECIPIENT shall allow RCTC's designated representative,
or designee, to inspect or review the progress of the work at any reasonable time with prior
written notice by RCTC. RCTC may request that the RECIPIENT provide RCTC with
progress reports concerning the status of the SCOPE OF WORK and PROJECT completion.
11. Binding on Successors in Interest. Each and every provision of this AGREEMENT shall be
binding and inure to the benefit of the successors in interest of the Parties. Due to the specific
obligations contemplated herein, this AGREEMENT may not be assigned by any Party hereto
except with the prior written consent of the other Party.
12. Independent Contractors. Any person or entities retained by RECIPIENT or any contractor
shall be retained on an independent contractor basis and shall not be employees of RCTC. Any
personnel performing services on the PROJECT shall at all times be under the exclusive
direction and control of the RECIPIENT or contractor, whichever is applicable. The
RECIPIENT or contractor shall pay all wages, salaries and other amounts due such personnel
in connection with their performance of services on the SCOPE OF WORK and as required by
law. The RECIPIENT or contractor shall be responsible for all reports and obligations
concerning such personnel, including, but not limited to: social security taxes, income tax
withholding, unemployment insurance and workers' compensation insurance.
13. Conflicts of Interest. For the term of this AGREEMENT, no member, officer or employee of
RECIPIENT or RCTC, during the term of his or her service with RECIPIENT or RCTC, as
the case may be, shall have any direct interest in this AGREEMENT, or obtain any present or
anticipated material benefit arising therefrom.
14. Termination. This AGREEMENT may be terminated for cause or convenience as further
specified below.
14.1 Termination for Convenience. Either RCTC or RECIPIENT may, by
written notice to the other party,terminate this AGREEMENT,in whole or in part,for convenience
by giving thirty (30) days'written notice to the other party of such termination and specifying the
effective date thereof.
14.2 Effect of Termination for Convenience. In the event that RECIPIENT
terminates this AGREEMENT for convenience, RECIPIENT shall, within one hundred eighty
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(180) days, repay to RCTC in full all PROGRAM funds provided to RECIPIENT under this
AGREEMENT. In the event that RCTC terminates this AGREEMENT for convenience, RCTC
shall,within ninety(90)days,distribute to the RECIPIENT PROGRAM funds in an amount equal
to the aggregate total of all unpaid invoices which have been received from RECIPIENT regarding
the SCOPE OF WORK for the PROJECT at the time of the notice of termination; provided,
however, that RCTC shall be entitled to exercise its rights under Section 2.6, including but not
limited to conducting a review of the invoices and requesting additional information from
RECIPIENT. This AGREEMENT shall terminate upon receipt by the non-terminating party of
the amounts due it under this Section 14.
14.3 Termination for Cause. Either RCTC or RECIPIENT may,by written notice
to the other party, terminate this AGREEMENT, in whole or in part, in response to a material
breach hereof by the other Party, by giving written notice to the other Party of such termination
and specifying the effective date thereof. The written notice shall provide a thirty(30)day period
to cure any alleged breach. During the thirty (30) day cure period, the Parties shall discuss, in
good faith,the manner in which the breach can be cured.
14.4 Effect of Termination for Cause. In the event that RECIPIENT terminates
this AGREEMENT in response to RCTC's uncured material breach hereof, RCTC shall, within
ninety (90) days, distribute to the RECIPIENT PROGRAM funds in an amount equal to the
aggregate total of all unpaid invoices which have been received from RECIPIENT regarding the
SCOPE OF WORK for the PROJECT at the time of the notice of termination. In the event that
RCTC terminates this AGREEMENT in response to the RECIPIENT's uncured material breach
hereof, the RECIPIENT shall, within one hundred eighty (180) days, repay to RCTC in full all
PROGRAM funds provided to RECIPIENT under this AGREEMENT. Notwithstanding
termination of this AGREEMENT by RCTC pursuant to this Section 14.4, RCTC shall be entitled
to exercise its rights under Section 2.6, including but not limited to conducting a review of the
invoices and requesting additional information. This AGREEMENT shall terminate upon receipt
by the terminating Party of the amounts due it under this Section 14.4.
14.5 No Program Funding. In the event that RCTC determines there are
inadequate PROGRAM funds for whatever reason, RCTC shall have the ability to immediately
terminate the AGREEMENT with written notice to RECIPIENT. In the event that RCTC
terminates this AGREEMENT under this Section 14.5, RCTC shall, within ninety (90) days,
distribute to the RECIPIENT PROGRAM funds in an amount equal to the aggregate total of all
unpaid invoices which have been received from RECIPIENT regarding the SCOPE OF WORK
for the PROJECT at the time of the notice of termination; provided,however,that RCTC shall be
entitled to exercise its rights under Section 2.6, including but not limited to conducting a review
of the invoices and requesting additional information from RECIPIENT.
14.6 Cumulative Remedies. The rights and remedies of the Parties provided in
this Section 14 are in addition to any other rights and remedies provided by law or under this
AGREEMENT.
15. Notice. All notices hereunder shall be in writing and shall be effective upon receipt by the
other Party. All notices and communications, including invoices, between the Parties to this
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AGREEMENT shall be addressed as set forth below and provided by any of the following
methods (i) personally delivered; (ii) sent by electronic mail, with a subject line clearly
identifying this AGREEMENT, read receipt requested, and a cc: provided to the identified
staff; (iii) sent by first-class mail, return receipt requested; or (iv) sent by overnight express
delivery service with postage or other charges fully prepaid. Notwithstanding the foregoing,
notices of dispute or termination sent by electronic mail must be followed by hard copy mailed
notice to be effective.
TO RCTC: TO RECIPIENT:
Anne Mayer John Corella
Executive Director Director of Public Works
RCTC Cathedral City
4080 Lemon Street,3rd Floor 68700 Avenida Lalo Guerrero
Riverside, California 92501 Cathedral City, Ca 92234
Phone: (951) 787-7141 (760) 770-0327
e-mail: amayer@rctc.org jcorella@cathedralcity.gov
cc: JChan@RCTC.org
Any party may update its address and contact information by providing written notice of the
new information to the other Parties in accordance with this Section 15.
16. Prevailing Wares. RECIPIENT and any other person or entity hired to perform services on
the SCOPE OF WORK are alerted to the requirements of California Labor Code Sections 1770
el seq.. which require the payment of prevailing wages where the SCOPE OF WORK or any
portion thereof is determined to be a "public work," as defined therein. RECIPIENT shall
ensure compliance with applicable prevailing wage requirements by any person or entity hired
to perform the SCOPE OF WORK or any portion thereof falling within the definition of
"public work." RECIPIENT shall defend, indemnify, and hold harmless RCTC, its officers,
employees, consultants, and agents from any claim or liability, including without limitation
reasonable attorneys' fees,arising from any failure or alleged failure to comply with California
Labor Code Sections 1770 el seg. on the PROJECT.
17.Equal Opportunity Employment. The Parties represent that they are equal opportunity
employers and they shall not discriminate against any employee or applicant for employment
because of race,religion,color,national origin,sexual orientation,ancestry, sex or age. Such
non-discrimination shall include, but not be limited to, all activities related to initial
employment, upgrading, demotion,transfer, recruitment or recruitment advertising, layoff or
termination.
18. Entire Agreement. This AGREEMENT embodies the entire understanding and agreement
between the Parties pertaining to the matters described herein and supersedes and cancels all
prior oral or written agreements between the Parties with respect to these matters. Each Party
acknowledges that no Party, agent or representative of the other Party has made any promise,
representation or warranty,express or implied, not expressly contained in this AGREEMENT,
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that induced the other Party to sign this document. Modifications to this AGREEMENT shall
be in the form of a written amendment executed by authorized representatives of the Parties to
be bound.
19. Governing Law and Severability. This AGREEMENT shall be governed by, and be construed
in accordance with, the laws of the State of California. If any portion of this AGREEMENT
is found to be unenforceable by a court of law with appropriate jurisdiction,the remainder of
the AGREEMENT shall be severable and survive as binding on the Parties.
20. Attorneys' Fees. If any legal action is initiated for the enforcement/interpretation of this
AGREEMENT, or because of any alleged dispute, breach, default or misrepresentation in
connection with any of the provisions of this AGREEMENT,the successful or prevailing party
shall be entitled to recover reasonable attorneys' fees,witness fees and other costs incurred in
that action or proceeding, in addition to any other relief to which it may be entitled as
determined by a court of law or appointed decider under alternative legal proceedings.
21. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or
obligation assumed by the Parties.
22. Section Headings and Interpretation. The section headings contained herein are for
convenience only and shall not affect in any way the interpretation of any of the provisions
contained herein. The AGREEMENT shall not be interpreted as being drafted by any Party or
its counsel.
23.No Waiver. Failure of RCTC to insist on any one occasion upon strict compliance with any
of the terms, covenants or conditions in this AGREEMENT shall not be deemed a waiver of
such term,'covenant or condition, nor shall any waiver or relinquishment of any rights or
powers hereunder at any one time or more times be deemed a waiver or relinquishment of such
other right or power provided under applicable law.
24. Time of Essence. Time is of the essence for each and every provision of this AGREEMENT.
25. Counterrparts. This AGREEMENT may be executed in any number of counterparts, each of
which shall be deemed to be an original, but all which together will constitute but one
agreement.
26. Form of Signatures. A manually signed copy of this Agreement which is transmitted by
facsimile, email or other means of electronic transmission shall be deemed to have the same
legal effect as delivery of an original executed copy of this Agreement for all purposes. This
Agreement may be signed using an electronic signature.
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE
TO
AGREEMENT NO.20-62-054-00
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AGREEMENT FOR FUNDING UNDER SB 821 BICYCLE AND PEDESTRIAN
FACILITIES PROGRAM
IN WITNESS WHEREOF,the Parties have caused this AGREEMENT to be signed by their
duly authorized representatives as of the Effective Date.
RCTC RECIPIENT
CITY OF ATHEDRA CITY
Name: Anne Mayer Name: Charles McClendon
Title: Executive Director Title: City Manager
APPROVED AS TO FORM APPROVED AS TO FORM
Best Best&Krieger LLP Or, „= ,4/
By:
By. _1�
Name:"LAG S• sc/
Title: General Counsel /���dr
Title:Cps f
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ATTACHMENT 1
(RECIPIENT APPLICATION FOR FUNDING)
Attachment 1
17336.00005\34820017 I
rg
FY19/20 SB 821 Bicycle and Pedestrian Facilities Program
BIENNIAL CALL FOR PROJECTS APPLICATION
I. APPLICANT INFORMATION
Lead Agency: City of Cathedral City
Address: 68700 Avenida Lab Guerrero
Contact Person: John A. Corella Title: Dir.of Engineering/Public Works
Telephone#: 760-770-0327 Fax#: (760) 202-1460
Email Address: jcorella a@cathedralcity.gov
Project Name: Cathedral Canyon Drive Sidewalk Gap Closure
U. PROJECT DETAILS
Project type:
U Bicycle Project lr! Pedestrian Project
Project located within a disadvantaged community?
0 Yes Pi No 0 Partial 45-50% per CalEnviroscreen 1
Project location:
[14%-]Coachella Valley 0 Western Riverside County
Does this project proposal include any of the following(check all that apply):
0 Curb El Gutter kiji Driveway ramps
If any of the above were checked, is the benefit provided for the exclusive use of
bicyclists/pedestrians?
0N 0Yes
III. PROJECT DESCRIPTION
Describe the project in its entirety. Include the need, benefit, and location of the project.
Photos of the existing site of the proposed project are encouraged.
*A map on 8%x11 paper, Indicating, at a minimum,the project location must be included.
FY19/20 SB 821 Bicycle and Pedestrian Facilities Program
BIENNIAL CALL FOR PROJECTS APPLICATION
III. Project Description
The City of Cathedral City proposes to install sidewalks, curb ramps and widen bike lanes on
Cathedral Canyon Drive from Canyon Shore Drive to Dinah Shore Drive ("'0.6 miles)on both sides.
This segment of Cathedral Canyon Drive is predominantly residential, but no homes front the
street. The goal of installing these items is to provide a safer,viable and continuous pathway for
pedestrians and bicyclists from Canyon Shores Drive to Dinah Shore Drive to access local schools,
parks and businesses.
* Please see Exhibit A for the Project Location Map.
Cathedral Canyon Drive is on the south side of the City. It is a 4-lane divided modified secondary
highway (64' curb-to-curb) with 10 feet right of way on each side per the City's General Plan.
Majority of the right-of-way has existing landscaping. There is no sidewalks or curb ramps on
both sides of Cathedral Canyon Drive north of Canyon Shores Drive. There is a 5 foot-wide bike
lane on both sides of Cathedral Canyon Drive. The posted speed limit is 45 mph.
* Please see Exhibit B for Existing Conditions.
The City proposes to install 6,700 linear feet of sidewalk along with curb ramps on Cathedral
Canyon Drive between Canyon Shore Drive and Dinah Shore Drive to meet ADA standards. The
improvements will be designed per County of Riverside Standard Plans and Specifications. The
city will also propose widening the existing bike lane, which will follow the California MUTCD
Standard.
Installing safe and useful sidewalks in the City of Cathedral City is a high priority. The City has
multiple on-going projects for sidewalk gap closures and installation of bike lanes. The addition
of sidewalks and widened bike lanes will allow for safer passage for pedestrians, bicyclists and
the disabled.
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Looking on the eastside of Cathedral Canyon Drive at Canyon Shores
Drive. The curb ramps at both corners are not ADA compliant.
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Looking northbound on Cathedral Canyon Drive. Notice speed limit of 45
miles per hour and bike lane adjacent to eastside curb. The sidewalk
abruptly ends and only grass landscaping is existing.
EXHIBIT B: EXISITING CONDITIONS
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Looking northbound on Cathedral Canyon Drive on the eastside. No
paved sidewalks for approximately 3,200 feet from Canyon Shores Drive
to Dinah Shores Drive on both sides of the street.
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Looking northbound on Cathedral Canyon Drive.There are no ADA
compliant curb ramps or sidewalk at the entrance of Cathedral Canyon
Country Club.
FY19/20 SB 821 Bicycle and Pedestrian Facilities Program
/ Y
BIENNIAL CALL FOR PROJECTS APPLICATION
IV. Destination Served
Below is a list of the destinations that lie within a%-mile radius of the project segment.
Schools
1. Cathedral City Elementary School
2. Cathedral City High School
3. Mayfield College
Public Agencies/Utilities
4. Police station/City Hall
5. Riverside County Agencies
6. Cathedral City Public Works
7. Edison
8. Cathedral City Parking Structure
9. Post Office
Retail Centers
10. Walgreens
11. Cathedral City Marketplace (Food-4-Less, Regency 10 and others)
12. Mountain View Plaza (Home Loans, Dog Grooming & others)
13. Shopping plaza (Azteca Furniture& others)
14. Shopping plaza (Leslie's Upholstery, Value Smog & others)
15. Date Palm Plaza (Tortilla Factory& others)
16. The Crossroads
17. Esplanade (Boost Mobile& others)
18. Mission Plaza (In-Shape& others)
19. Arco Gas Station/Jiffy Lube Oil
20. Perez Plaza (Gentlemen's Club & others)
21. Perez Business Park
Medical Facilities
22. I M Augusta Medical Facility
FY19/20 SB 821 Bicycle and Pedestrian Facilities Program
BIENNIAL CALL FOR PROJECTS APPLICATION
Churches
23. Destiny West Christian Church
24. Hosanna City Church
25. Spanish Assembly of God
26. Apostolic Assembly of God
27. Calvary Christian Center
Parks
28. Patriot Park, Big League Dreams
29. Ocotillo Park
30. Town Square Park
31. Cathedral City Festival Lawn
32. Memorial Park
Dealerships
P
33. Lexus/ Kia, Honda,Toyota, Chrysler, Dodge &Jeep
Hotel/Motel
34. Welk Resorts Palm Springs
35. Holiday Inn
Industrial Area
36. Stone House, The Auto Inn &others
37. GH Pools, Smog Test Center&others
38. Recycle Center, Air Conditioning and Heating & others
39. Extra Space Storage& others
40. ExtermaPest, Victory Tile Marble& others
Library
41. Cathedral City Branch Library
* Please see Exhibit C for Destinations Served Map.
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FY19/20 SB 821 Bicycle and Pedestrian Facilities Program
BIENNIAL CALL FOR PROJECTS APPLICATION
V.Safety
The existing 85th percentile speed on Cathedral Canyon Drive from Dinah shore Drive to Canyon
Shore Drive is 49 mph per the latest speed survey conducted and adopted by the City.The posted
speed limit is 45 mph. The average daily traffic (ADT) as provided in the 2019 report is 16,722
vehicles per day. There are three schools within the Y4-mile project segment vicinity: Cathedral
City Elementary School,Cathedral City High School and Mayfield College.The number of students
enrolled in each school are 667, 1,569 and 509, respectively.
Pedestrians currently do not have access to sidewalks and curb ramps from Canyon Shore Drive
to Dinah Shore Drive on both sides of Cathedral Canyon Drive. The exclusion of sidewalks and
ADA curb ramps limit where individuals can travel safely, especially wheelchair-bound
individuals. Without curb ramp access, disabled individuals will have to traverse on the roadway
in the dedicated bicycle lanes or in the uneven landscaped area.
The proposed project will add an estimated 6,700 linear feet of sidewalks and ADA compliant
curb ramps on the both sides of Cathedral Canyon Drive. It will also include restriping of the
roadway to widen the dedicated bike lane from Canyon Shore Drive to Dinah Shore Drive to
ensure minimum bike widths of 5'.
VI. Project Enhancement
The proposed project segment is located in between multiple residential communities where
taking leisure walks is a daily routine, especially for the elderly.Children and young adults attend
local schools within the project vicinity. By adding ADA compliant sidewalks and curb ramps
individuals will have safer path of travel and sidewalks will be more suitable for the disabled.The
installation of the sidewalk will also complete the gap south of Canyon Shore Drive.This will allow
pedestrians a complete path from Perez Road to Dinah Shore Drive. In addition, widening the
bike lanes will encourage bicyclists to use the dedicated lanes instead of sidewalks and have
ample space between the curb and motorists.
FY19/20 SB 821 Bicycle and Pedestrian Facilities Program
BIENNIAL CALL FOR PROJECTS APPLICATION
VII. Multimodal Access
Sunline Transit Agency operates in the City of Cathedral City. Within the %-mile radius of the
project,the Sunline Transit Agency has 16 bus stops served by routes 30 and 111.
Bus Stops:
1. Date Palm Dr. at Dave Kelley Rd.—(SUNLINE 30)
2. Date Palm Dr. at Ortega Rd. —(SUNLINE 30)
3. Date Palm Dr. at Dinah Shore Dr.—(SUNLINE 30)
4. Date Palm Dr. at Dinah Shore Dr. —(SUNLINE 30)
5. Date Palm Dr. at Victoria Dr. —(SUN LINE 30)
6. Date Palm Dr. at 35" Ave. — (SUNLINE 30)
7. Date Palm Dr. at 35"Ave. —(SUNLINE 30)
8. Date Palm Dr. at Converse Rd.—(SUNLINE 30)
9. Date Palm Dr. at Converse Rd.—(SUNLINE 30)
10. Date Palm Dr. at Gerald Ford Dr. —(SUNLINE 30)
11. Date Palm Dr. at Gerald Ford Dr.—(SUNLINE 30)
12. E. Palm Canyon Dr. at Auto Park Dr. —(SUNLINE 111)
13. E. Palm Canyon Dr. at Perez Rd. —(SUNLINE 111)
14. Cathedral Cyn. Dr. at Officer David Vasquez Rd.—(SUN LINE 30)
15. Perez Rd. at Cathedral Cyn. Dr. (SUNLINE 30)
16. Perez Rd. at Perez Business Prk. (SUNLINE 30)
* Please see Exhibit D for Multimodal Access.
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FY19/20 SB 821 Bicycle and Pedestrian Facilities Program
BIENNIAL CALL FOR PROJECTS APPLICATION
VIII. PROJECT BUDGET AND SCHEDULE
The project budget and local match may only encompass the pedestrian or bicycle facility
project;no additional maintenance,street projects,etc.expenses should be included.
Total Estimated Project Cost $451 Q0 000 -( 100%)
Local Match*Committed: $ 112,600.00 (25 %)
SB 821 Funds Requested: $338,400.00 (75
4 %)
*Supporting documentation of proposed match must be included.
Breakdown of Estimated Project Cost (must add up to "Total Estimated Project Cost" above):
Engineering/Administration5100,000.00
Right-of-Way $0
Construction $351,000.00
Other(specify): $—
Estimated project start date (Mo/Yr): January 2020
Estimated project end date (Mo/Yr): January 2021
IX. Summary of All Projects Submitted for SB 821 Funding Consideration
Please provide a complete list of projects your agency is submitting for this year's SB 821 Call for
Projects, including this application. It is highly recommended for agencies to create one comprehensive
summary table and provide the table for every application.
Project Name I Total Local Local SB 821 Funds SB 821
Estimated Match$ Match Requested$ Funds
Project Cost % Requested
I %
1' Perez Road Sidewalk Gap Closure 508,000.00 0.00 0 508,000.00 100
2. Cathedral Cyn Dr.Sidewalk Gap Closure 451,000.0011 t 2,600.00 25 338,400.00 75
3'rrGerald Ford Bike Lane Project 27,400.00 5,480.00 20 21 ,920.00 80
4.
FY19/20 SB 821 Bicycle and Pedestrian Facilities Program
BIENNIAL CALL FOR PROJECTS APPLICATION
IIX.CERTIFICATION
I certify that the information presented herein is complete and accurate and, if this agency
receives funding, It will be used solely for the purposes stated in this application and following
the adopted policies.
Signature(ii.1G4--/ C L 1 Title City Manager
Date April 25, 2019
ATTACHMENT 2
(PROGRAM POLICIES)
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 BICYCLE
AND PEDESTRIAN FACILITIES PROGRAM ADOPTED POLICIES
Transportation Development Act Policies
1. Up to five(5)percent of Article 3 apportionment can be used to supplement other
funding sources used for bicycle and safety education programs;the allocation cannot
be used to fully fund the salary of a person working on these programs.
2. Article 3 money shall be allocated for the construction, including related engineering
expenses, of the facilities, or for bicycle safety educationprograms.
3. Money may be allocated for the maintenance of bicycling trails,which are closed to
motorized traffic.
4. Facilities provided for the use of bicycles may include projects that serve the needs
of commuting bicyclists, including, but not limited to, new trails serving major
transportation corridors, secure bicycle parking at employment centers, park and
ride lots, and transit terminals where other funds are available.
5. Within thirty(30)days after receiving a request for a review from any city or county,
the transportation-planning agency shall review its allocations.
6. Up to twenty(20)percent of the amount available each year to a city or county
may be allocated to restripe Class 11 bicycle lanes.
7. A portion of each city's allocation may also be used to develop comprehensive bicycle
and pedestrian plans. Plans must emphasize bike/pedestrian facilities that support
utilitarian bike/pedestrian travel rather than solely recreational activities;a maximum
of one entire allocation per five(5) years may be used for plan development.
8. Allowable maintenance activities for the local funds are limited to maintenance and
repairs of Class I off-street bicycle facilities only.
RCTC Policies
1. The SB 821 Call for Projects will occur on a biennial basis, with a release date of the
Attachment 2
17336 00005\34820017.1
first Monday of every other February and a close date of the last Thursday of every
other April, beginning in 2015.
2. If a project cannot be fully funded, RCTC may recommend partial funding for
award. To handle tiebreakers, RCTC will use, in terms of priority, the safety
question first then construction readiness.
3. Agencies awarded funds will not be reimbursed for any project cost overruns.
4. Agencies being awarded an allocation will be reimbursed in arrears only upon
submitting adequate proof of satisfactory project completion. Claims need to
include: the claim form, copies of paid invoices, a copy of the Notice of
Completion (NOC), and photographs of the completed project.
5. The allocated amount represents the maximum amount eligible for reimbursement.
For projects completed under the allocated amount,the agency will be reimbursed at
the matching ratio as presented in the application.
6. An agency will have thirty-six (36) months from the time of the allocation to complete
the project. There will be no time extensions granted unless the reason for the delay can
be demonstrated. Where substantial progress or a compelling reason for delay can be
shown,the agency may be granted administrative extensions in twelve-month
increments at the discretion of the Executive Director.
7. Any programmed and unused Article 3 Program funds will be forfeited unless that
agency can a)utilize the unused funds to complete projects that are the same or similar
in scope and/or are contiguous to the approved project or b)apply the funds to a project
previously submitted under an Article 3 call for projects and approved by the
Commission, subject to Executive Director approval.
8. Design and construction of facilities must conform to the general design criteria for
non-motorized facilities as outlined in the Caltrans Highway Design Manual.
9. Temporary facilities, projects in the bid process, or projects that are under
construction will not be funded.
10. The SB 821 evaluation committee will be comprised of a minimum of five evaluators
representing a wide range of interests; such as: accessibility, bicycling,Coachella
Valley, public transit, and the region. Staff,consultants, and other representatives from
agencies submitting project proposals will not be eligible to participate on the
evaluation committee that year.
11. Following each call, staff will monitor the equity of allocations to Coachella Valley
versus Western Riverside County; the allocation should be relative to what the
Coachella Valley's share would have been if distributed on a per capita basis(the
percentage of funds applied for should also be taken into consideration). If the
allocation is often found to be inequitable to the Coachella Valley, staff will
recommend adoption of a new policy to correct the imbalance.
12. Certain costs at times associated with bicycle/pedestrian projects are not eligible when
the benefit provided is not the exclusive use of bicyclists/pedestrians, such as: curb and
Attachment 2
17336 00005\34820017.1
gutter as part of roadway drainage system, driveway ramps installed across sidewalks,
and where roadway design standards require a roadway shoulder width that is at least
as wide as a standard bike lane.
13. For each Call for Projects, a city is eligible to submit up to three(3) applications,and
the County of Riverside is eligible to submit up to two(2)applications per
Supervisorial District.
14. Each application is limited to a maximum request of ten (10)percent of the current
Call for Projects programming capacity.
15. Total award to one jurisdiction is limited to twenty(20)percent of current Call for
Project's programming capacity.
16. Awarded agencies can commence reimbursable project activities on Julyl of the Call
for Project fiscal year cycle. E.g.: for FY 19/20 Call for Projects, reimbursable work
starts on July 1, 2019.
17. Awarded agencies have until June 1 of the Call for Project fiscalyear cycleto execute
the Memorandum of Understanding(MOU)with RCTC.E.g.: for FY 19/20 Call for
Projects, MOUs must be executed by June 1, 2022.
Attachment 2
17336.00005\34820017.1
ATTACHMENT 3
TDA ARTICLE 3 BICYCLE AND PEDESTRIAN FACILITIES
NON-TRANSIT CLAIM FORM
CLAIMANT: COUNTY: _Riverside
ADDRESS:
CONTACT PERSON: _ TITLE:
I verify that the information on this Claim Form is true and accurate to the best of my knowledge.
Signed: Date:
PROJECT NAME:
PROJECT AWARDED IN FY:
START DATE (Mo/Yr):
COMPLETED DATE (Mo/Yr):
TDA ARTICLE 3 REVENUES AND EXPENSES OF CLAIMANT:
Total Project Cost $ ( 100% )
Local Match Spent: $ ( %)
SB 821 Funds Spent: $__ ( %)
Breakdown of Project Cost(must add up to "Total Project Cost" above):
Administration $ __
PA/ED $ _-
PS&E
Right-of-Way
Construction
Other (specify):
Other (specify): $ _
Supporting Document Checklist:
o Notice of Completion
o Before and After pictures of project site
o Paid Invoices
Attachment 3
17336.00005134820017.1
ASSURANCE OF MAINTENANCE
SB 821 SIDEWALK/BIKEWAY FACILITIES
WHEREAS,THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION HAS
ALLOCATED $ TO THE CITY/COUNTY OF _
FOR THE IMPROVEMENT OF THE
SIDEWALK/BIKEWAY PROJECT; AND,
WHEREAS, THIS INVESTMENT OF PUBLIC FUNDS CAN BE FULLY REALIZED IF
THIS FACILITY IS MAINTAINED TO ADEQUATE OPERATING STANDARDS FOR USE BY
COMMUTER AND RECREATIONAL PEDESTRIANS/BICYCLISTS;
THEREFORE,THE CITY/COUNTY OF ASSURES
THAT THIS FACILITY WILL BE MAINTAINED AT ADEQUATE OPERATING STANDARDS.
SIGNED:
TITLE:
DATE:
Attachment 3
17336 00005\34820017 1