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HomeMy WebLinkAboutItem No. 05 Riverside Cty. Transportation Commision Agreement Bike and Ped Fac ProgramText File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: RES 2014-049 Agenda Date: 10/10/2017 Status: Consent AgendaVersion: 1 File Type: ResolutionIn Control: City Council / Successor Agency Agenda Number: 5) Page 1 City of Lake Elsinore Printed on 10/5/2017 Page 1 of 2 REPORT TO CITY COUNCIL To:Honorable Mayor and Members of the City Council From:Grant Yates, City Manager Prepared By: Brad Fagrell, City Engineer Date:October 10, 2017 Subject:Riverside County Transportation Commission (RCTC) Agreement for Funding Under the SB 821 Bicycle and Pedestrian Facilities Program Recommendation Approve an Agreement with Riverside County Transportation Commission (RCTC) accepting funding for the SB 821 Bicycle and Pedestrian Facilities Program in the amount of $503,492. Background SB 821 Bicycle and Pedestrian funds are administered by the Riverside County Transportation Commission (RCTC) and distributed to local agencies on a competitive basis. Two percent of the Local Transportation Fund revenue is made available each year for use on bicycle and pedestrian facility projects in Riverside County. TDA Article 3 (SB 821) funds are available to local agencies to cover engineering expenses, right-of-way acquisition, and construction costs for bicycle and pedestrian facilities. Discussion The City received confirmation from RCTC on June 26, 2017, that the proposed projects were approved for funding: Bicycle Lanes to Downtown –Project Cost $100,200 Machado Street Bike Lanes –Project Cost $151,800 Chaney Street Sidewalk Improvements – Project Cost $275,660 Sumner, Mohr & Davis Street Sidewalk Improvements – Project Cost $195,905 W. Lakeshore Drive Sidewalk Improvements – Project Cost $263,868 Mission Trail Bike Lanes – Project Cost $19,550 On September 19, 2017, the City received notification from RCTC that an alternate funding source became available for several projects awarded to other jurisdictions through SB 821 in June. This allowed additional SB 821 funds to become available. Page 2 of 2 On September 25, 2017, RCTC awarded additional funds to the City for the Palomar Multi-Use Trail; therefore, an additional agreement will be brought forward at a later date for our seventh SB 821 project of the year. Fiscal Impact The City is required to provide a fifty percent (50%) local match. Funds in the amount of $503,492 will be satisfied using Gas Tax and other transportation capital funds. Exhibits A – Agreement AGREEMENT No. 18-62-019-00 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 , 2017 ("Effective Date"), by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("RCTC") and the City of Lake Elsinore ("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 6, 2017, a CALL FOR PROJECTS was published by RCTC seeking applications for FY 2018 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 six projects: Bicycle Lanes to Downtown; Machado Street Missing Link Bike Lanes; Chaney Street Missing Link Sidewalk; Sumner, Mohr and Davis Street Missing Link Sidewalk; W. Lakeshore Drive Missing Link Sidewalk; and Mission Trail Missing Link Bike Lanes ("PROJECT"). E. 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. Page 1 of 10 17336.00005130172633.1 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 Five Hundred Three Thousand, Four Hundred Ninety -Two ($503,492), 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 attached hereto and incorporated herein as Attachment 3 ("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. 2.2 Timing for Project Completion. In accordance with the PROGRAM policies attached hereto as Attachment 2, RECIPIENT has twenty-four (24) months to complete the PROJECT from the date of this AGREEMENT, unless otherwise agreed to in writing by the PARTIES. If the PROJECT is not completed within 24 months, 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 4. 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 completed under the existing schedule for completion included as Page 2 of 10 17336.00005\30172633.1 Attachment 3, 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 ROTC'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 in effect at the time of PROJECT selection and approval 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 4. 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 Page 3 of 10 17336.00005\30172633.1 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 following completion of the 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 Five Hundred Three Thousand, Four Hundred Ninety -Two dollars ($503,492) 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 13; 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. Page 4 of 10 17336.00005\30172633.1 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. Nothing in this AGREEMENT shall be construed to prevent or preclude RECIPIENT from expending funds on the PROJECT prior to the execution of this AGREEMENT, or from being reimbursed by RCTC for such expenditures. However, RECIPIENT understands and acknowledges that any expenditure of funds on the PROJECT prior to the execution of the AGREEMENT is made at RECIPIENT's sole risk and that some expenditures by RECIPIENT may not be eligible for reimbursement under this AGREEMENT. 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. Page 5 of 10 17336.00005\30172633.1 PROJECT insurance funds shall be looked to first for the repayment of any claims determined to have merit. 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 behalf of RCTC for all purposes under this AGREEMENT. RECIPIENT hereby designates [title], or his or her designee, as RECIPIENT'S representative to ROTC. RECIPIENT'S representative 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. Monitoring 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. Page 6 of 10 17336.00005\30172633.1 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 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 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 13. 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 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 13.4, 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 13.4. 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 13.5, RCTC shall, within 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 Page 7 of 10 17336.00005\30172633.1 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 12 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 AGREEMENT shall be either personally delivered, sent by first-class mail, return receipt requested, sent by overnight express delivery service with postage or other charges fully prepaid as follows: TO RCTC: Anne Mayer Executive Director RCTC 4080 Lemon Street, 3rd Floor Riverside, California 92501 Phone: (951) 787-7141 TO RECIPIENT: Brad Fagrell City Engineer City of Lake Elsinore 130 S. Main Street Lake Elsinore, California 92530 Phone: (951) 674-3124 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 Wages. 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 et sem., 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 et sem. 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 Page 8 of 10 17336.00005\30172633.1 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, 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. Counterparts. 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. Facsimile copies of signatures shall be treated as originals. [SIGNATURES ON NEXT PAGE] Page 9 of 10 17336.00005\30172633.1 SIGNATURE PAGE TO AGREEMENT NO. 18-62-019-00 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 LAKE ELSINORE M. Name: Anne Mayer Name: Title: Executive Director Title: APPROVED APPROVED AS TO FORM IF `1271115!151=110 Page 10 of 10 17336.00005\30172633.1 ATTACHMENT 1 (RECIPIENT APPLICATION FOR FUNDING) Attachment 1 17336.00005\30172633.1 1. Bicycle Lanes to Downtown SB 821 Application FY17/18 SB 821 Bicycle and Pedestrian Facilities Program BIENNIAL CALL FOR PROJECTS APPLICATION 1. APPLICANT INFORMATION Lead Agency: City of Lake Elsinore Project Name: Bicycle Lanes to Downtown Contact Person: Nicholas Lowe Title: Consultant Traffic Engineer Telephone #: (951)374-6124 x804 Fax #: Email Address: nlowe@lake-elsinore.org Address: 130 South Main Street Lake Elsinore CA 92530 II. PROJECT DETAILS Project type (check all that apply): ® Bicycle Project ❑ Pedestrian Project Project location: ❑ Coachella Valley ® Western Riverside County Does this project proposal include any of the following? (check all that apply): ❑ Curb ❑ Gutter ❑ Driveway ramps If any of the above were checked, is the benefit provided for the exclusive use of bicyclists/pedestrians? ❑ No ❑ Yes 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 indicating, at a minimum, the project location must be included. The City of Lake Elsinore proposes to install class II bike lanes on Lakeshore Drive from Chaney Street to Mohr Street (^'0.25 miles) and on Graham Avenue from Mohr Street to Main Street (^'0.85 miles). The City also proposed to install a class III bike route on Main Street from Limited Street to Flint Street. All three -roadway segments are in the downtown area of the City. There is only one nearby existing bicycle facility on W. Lakeshore Drive and Limited Street that has 1 FY17/18 SB 821 Bicycle and Pedestrian Facilities Program BIENNIAL CALL FOR PROJECTS APPLICATION limited reach and is only one-way. This project will build around that existing segment and link it to more destinations. Lakeshore Drive is a secondary roadway (70' curb -to -curb width) per the City's general plan. It is one of two main corridors that link the north and south parts of the City. The City proposes 5'-7' class II bike lanes with green -backed markings on Lakeshore Drive. This will provide dedicated bicycle lanes to enhance bicyclist safety. The bike lanes on Lakeshore Drive will be the first leg of bicycle infrastructure to go towards the north end of the City. Graham Avenue is a collector highway (48' curb -to -curb width) per the City's general plan. It is one of several roadways leading into the City's downtown area and would be the first to get bicycle facilities. The City proposes 5' class II bike lanes with green -backed markings on Graham Avenue and restriping that section of roadway to accommodate them and the existing on - street parking. This project will provide dedicated bicycle lanes to enhance bicyclist safety and bring active transportation users to the downtown core. Main Street is a collector roadway (48' curb -to -curb width) per the City's general plan. However, the roadway cross section varies from 28' wide travel width to 62' wide travel width. Main Street is the primary street that traverses the City's downtown core and provides direct access to the restaurants and shops there. The City proposes to install a class III bike route with green -backed sharrow markings on Main Street and restriping that section of roadway to accommodate them and the existing on -street parking. This project will provide bicycle facilities in the downtown core. It will be a very visible project to all that come downtown to encourage the use of active transportation. All three -roadway segments currently have no bicycle infrastructure with intermittent sidewalks. Bicyclists on Lakeshore Drive often need to ride in the gravel or dirt shoulders due to the lack of a paved shoulder or bike lane. Bicyclists on Graham Avenue currently deal with varying pavement widths, on -street vehicle parking, and lack of driver notification. While Graham Avenue is relatively wide, there is no delineation between parking, bicyclists, and the travel lane, which can lead to conflicts between modes of travel. The City proposes 5' class II bike lanes with green -backed markings on Graham Avenue. The bike lanes will be designed per 2014 CA-MUTCD to be installed between the travel way and existing parking. In areas where possible, a 2' or larger buffer between the bike lane and the traveled way will be considered. The bike lanes and route will provide safe and attractive bicycle facilities for the surrounding communities and lead users to downtown. Installing safe and useful bicycle facilities in the City of Lake Elsinore is a high priority. The City has been providing public outreach through the Healthy LE program to get its citizens outdoors 2 FY17/18 SB 821 Bicycle and Pedestrian Facilities Program BIENNIAL CALL FOR PROJECTS APPLICATION and active. According to CalEnviroScreen 3.0, the areas served are between the 80th and 85th percentile for overall score, and are in the 97th percentile for cardiovascular health. There is a definite need for a more active population in this area and providing bicycle lanes is a great project to do that. A link to and through the downtown core area would be a very high profile project and would be the banner bicycle project in the City. IV. DESTINATIONS SERVED (15 pts) List and describe the destinations served by the proposed project (e.g. employment center, school/college, retail center, downtown area, park or recreation facility, library, museum, government office, medical facilities). For pedestrian projects, destinations served must be within a Y4 -mile or less radius of the proposed project. For bicycle projects, destinations served must be within a 2 -mile or less radius of the proposed project. *A map with numbered destinations served must be included. The Bicycle Lanes to Downtown project is a bicycle lane project, which calls for a 2 -mile radius for possible destinations. Destinations served by this bicycle lane project are: • Yarborough Park. This park offers a soccer field and a playground catered to toddlers. It also has picnic tables and covered areas. • Swick and Matich Park. This park offers three competitive baseball fields. It is in constant use by Little League teams. • City Park. This park offers the shade of many trees and covered areas. It also has a basketball court and a playground. • Lakepoint Park. This park offers a large multi -use field, playgrounds, and picnic tables. • Temescal Canyon High School, Ortega High School, Valley Adult School, Elsinore Middle School, Elsinore Elementary School, Railroad Canyon Elementary School, Machado Elementary School • Lake Elsinore Outlet Center. A large shopping center with over 45 retailers. • Shopping Centers. The shopping center at the intersection of Central and Collier boasts a Home Depot, Target, Aldi, and many restaurants. More shopping is available on Lakeshore, which includes Stater Brothers, Albertsons, Rite Aid, various restaurants and 3 FY17/18 SB 821 Bicycle and Pedestrian Facilities Program BIENNIAL CALL FOR PROJECTS APPLICATION other services. Shopping centers on Railroad Canyon Road include Walmart, Vons, many restaurants and fast food locations, banks, and other retailers. • Employment centers on Central Avenue and Pasadena Street. There are many industrial parks and offices in this area, which include auto services, realtors, construction suppliers, and property management offices. • Downtown. Many stores and businesses operate in and around the downtown core area. • Car dealerships. There are three car dealerships nearby. • Lake Elsinore Diamond Stadium. The stadium is home to the Lake Elsinore Storm, which is a minor league affiliate of the MLB. • One fire station within the 2 -mile radius: Riverside County Fire Station 10. • Riverwalk Trail. Riverwalk is a Class I multi -use trail that is located adjacent to the flood channel on the east side of the City. It is approximately 2.5 miles long and links the downtown area to the shopping and industrial area near Pasadena Street. It is most often used as a bicycle and walking trail. V. SAFETY (10 pts) Describe the extent to which the proposed project will increase safety for the non -motorized public. Include information about project characteristics such as: no existing shoulder within project limits, no existing/planned sidewalk or bikeway adjacent to the project, etc. Applicants may wish to consider including documented pedestrian/bicycle collision history, most current and valid 85' percentile speed of motorized traffic in project limits, photos of existing safety hazards the project will address, existing pedestrian/bicycle traffic counts, student attendance figures for schools served by project. Bicyclists riding on Lakeshore Drive will find the paved shoulder that is preferable to ride on has varying widths and may be far too narrow to ride. Bicyclists ride either in the travel lanes or in the dirt shoulders. The current posted speed limit on Lakeshore Drive is 40 mph while the 85th percentile speed is 42 mph. Bicyclists riding on Graham Avenue will find that there are no bicycle facilities on the entire roadway segment. There is on -street parking for most of the segment, which forces bicyclists to 4 FY17/18 SB 821 Bicycle and Pedestrian Facilities Program BIENNIAL CALL FOR PROJECTS APPLICATION travel closer to the vehicle lane without any driver notification. The current posted speed limit on Graham Avenue is 30 mph while the 851h percentile speed ranges from 33 to 37 mph. Bicyclists riding on Main Street will find that there are no bicycle facilities on the entire roadway segment. There is on -street parking for most of the segment — with some areas of angled parking — which forces bicyclists to travel in the vehicle lane or shoulder without any driver notification. The current posted speed limit on Main Street is 25 mph while the 851h percentile speed is 32 mph. Temescal Canyon High School has an attendance of 2,139. Ortega High School has an attendance of 236. Elsinore Middle School has an attendance of 1,126. VI. PROJECT ENHANCEMENT (5 pts) Provide information about any enhancements the proposed project includes that would encourage people to use the facility; for example, ADA ramps, bicycle lockers or other bicycle amenities, or completing a missing link. Said enhancements must pre-exist or be part of the project proposal. The proposed project will provide bicycle facilities to the downtown core of the City that has no existing facilities. The project will also lead the way for more bicycle lanes in the surrounding area. In addition, the project will complete the missing link on W. Lakeshore Drive. The additional access to the downtown core will encourage more use of bicycling and active transportation. The Riverwalk trail will also be directly linked to this project, which adds an additional 2.5 miles of bicycle trails. Additional benefits are enhanced safety for bicyclists and increased community health. VII. MULTIMODAL ACCESS (5 pts) List each bus stop or park and ride facility served by the proposed project. For pedestrian projects, destinations served must be within a %-mile or less radius of the proposed project. For bicycle projects, destinations served must be within a 2 -mile or less radius of the proposed project. *A map with numbered bus stops and/or park and rides served must be included. In the 2 -mile radius of the project, the Riverside Transit Agency (RTA) has 39 bus stops served by routes 7, 8, and 22. 5 FY17/18 SB 821 Bicycle and Pedestrian Facilities Program BIENNIAL CALL FOR PROJECTS APPLICATION VIII. PROJECT BUDGETAND 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 Local Match* Committed: (10 pts) $ 100,200 (100%) $ 50,100 (50%) SB 821 Funds Requested: $ 50,100 (50%) *Supporting documentation of proposed match must be included. Breakdown of Estimated Project Cost (must add up to "Total Estimated Project Cost" above): Engineering/Administration Right -of -Way Construction Other (specify): Estimated Construction start date (Mo/Yr): August 2017 Estimated Construction end date (Mo/Yr) 1X. CERTIFICATION June 2019 $_ 17,200 $0 $ 83,000 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 A 7i�,AIA Title Date 4 -z6 -/l n rM Jolt P IvV. t Class III Bike Route alU:7.e :�y u�p'`•+•� '•� :i� � '391, N � '��y�...y?(v ' �a : ,� `tom •� Nearby Destinations - 2 Mile Radius I - Shopping Center 2 - Machado Elementary School 3 - Shopping Center 4 - Shopping Center (Stater Brothers) 5 - Lake Elsinore Outlets 6 - Temescal Canyon High School 7 - Shopping Center (Costco, Lowe's, Food) 6 - Shopping Center (Home Depot, Food) 9 - Food and LA Fitness 10 - Earl Warren Elementary School 11 - Shopping Center (rarget, Food) 12 - Industrial Park 13 - Ortega High School, Valley Adult School 14 - Elsinore Middle School 15 - Elsinore Elementary School 22 - Car Dealerships 16 - City's Downtown Core 23 - Medical Center 17 - Fire Station 24 - Shopping Center 16 - Swick and Matich Park 25 - Summerhill Park 19 - City Park 26 - Shopping Center 20 - Lakepoint Park 27 - Shopping Center (Walmart Vans) 21 - Railroad Canyon Elementary School 26 - Shopping Center (Food) Shopping Center Shopp ng Center Shopping Center Lake Els none Diamond Stadium Looking west on Lakeshore Drive. No bike lanes existing. 1' paved shoulder with dirt shoulder. Westbound has large shoulder. Looking west on Graham Avenue. No bike lanes existing. On -street parking used frequently near destinations like this USPS Office. Looking west on south on Main Street. No bike lanes existing. Angled on -street parking prevents ability to install class II bike lanes. 25 mph speed limit in downtown core allows for class III sharrows. 76404 lMPT—, ow U. Q I. �y yr r r lint it- Z�K Q - � Q7 y r I April 26`h, 2017 RE: Letter of Support To whom it may concern: In our efforts as a Public Safety Advisory Commission to improve our bike lanes and trail facilities, we recognize the growing interest our citizens are expressing for us to make them safer for their families and friends. With this growing interest in outdoor physical and recreational activities in our city, the funding of the proposed location improvements is very important to our community. Our bike lane and trail projects are located on Machado Street from Grand to Lakeshore, Lakeshore from Jernigan to Machado, Mission Trail from Diamond to Campbell, Lakeshore from Chaney to Mohr, Graham from Mohr to Main, Main from Limited to Flint, and a bike trail south of Palomar adjacent to the channel. The staff has identified these locations after review by the Public Safety Advisory Commission and our Traffic Engineer Consultant as the priority places that would best improve the bike and trail activities by our citizens. I fully support the proposed improvements as part of our ongoing efforts to make our city as safe as possible for our growing population. Si?ayv ely, wart Chairman Public Safety Advisory Commission 2. Machado Street Missing Link Bike Lanes SB 821 Application FY17/18 SB 821 Bicycle and Pedestrian Facilities Program BIENNIAL CALL FOR PROJECTS APPLICATION I. APPLICANT INFORMATION Lead Agency: City of Lake Elsinore Project Name: Machado Street Missing Link Bike Lanes Contact Person: Nicholas Lowe Title: Consultant Traffic Engineer Telephone #: (951)374-6124 x804 Fax #: Email Address: nlowe@lake-elsinore.org Address: 130 South Main Street, Lake Elsinore, CA 92530 II. PROJECT DETAILS Project type (check all that apply): ® Bicycle Project ❑ Pedestrian Project Project location: ❑ Coachella Valley ® western Riverside County Does this project proposal include any of the following? (check all that apply): ❑ Curb ❑ Gutter ❑ Driveway ramps If any of the above were checked, is the benefit provided for the exclusive use of bicyclists/pedestrians? ❑ No ❑ Yes Ill. PROJECT DESCRIPTION The City of Lake Elsinore proposes to install class II bike lanes on Machado Street from Grand Avenue to Lakeshore Drive (^'1.75 miles) and on Lakeshore Drive from Jernigan Street to Machado Street (-0.25 miles). Both roadway segments are on the north side of the City and connect at the intersection of Lakeshore Drive and Machado Street. The project proposes to install class II bike lanes for the entirety of both segments. Lakeshore Drive currently has class II bike lanes, but they terminate at Jernigan Street. Installing bike lanes on this segment would connect Lakeshore bicycle lanes to the proposed bicycle lanes on Machado Street. Machado Street is a secondary and major roadway (70' and 80' curb -to -curb width) per the City's general plan. It is one of three main northeast -southwest corridors on the north side of 1 FY17/18 SB 821 Bicycle and Pedestrian Facilities Program BIENNIAL CALL FOR PROJECTS APPLICATION the City. The bike lanes to Machado Street will provide the first and, currently, only bicycle infrastructure that traverses the entire north side of the City. Lakeshore Drive is an urban arterial (96' curb -to -curb width) per the City's general plan. It is one of two main corridors in the City that parallel the Interstate 15 freeway that link the City together. Adding this small segment of bike lanes to Lakeshore Drive will connect existing bike lanes to proposed bike lanes on Machado creating continuous bike lanes in that area. The City proposes 5'-7' class II bike lanes with green -backed markings on Lakeshore Drive and restriping that section of roadway to accommodate them. This will provide dedicated bicycle lanes to enhance bicyclist safety. Both roadway segments currently have no bicycle infrastructure with very few sidewalks. Bicyclists on Lakeshore Drive suddenly lose their class II bike lane and are left on the open street. Bicyclists on Machado Street currently deal with varying pavement widths, on -street vehicle parking, and lack of driver notification. While Machado Street is relatively wide, there is no delineation between parking, bicyclists, and the travel lane, which can lead to conflicts between modes of travel. The City proposes 5'-7' class II bike lanes with green -backed markings on Machado Street. The bike lanes will be designed per 2014 CA-MUTCD to be installed between the travel way and existing parking. In areas where possible, a 2' buffer between the bike lane and the traveled way will be considered. The bike lanes will provide a safe and attractive bicycle facility for the surrounding communities. Installing safe and useful bicycle facilities in the City of Lake Elsinore is a high priority. The City has been providing public outreach through the Healthy LE program to get its citizens outdoors and active. According to CalEnviroScreen 3.0, the areas served are between the 50th and 80th percentile for overall score, but are in the 94th and 97th percentiles for cardiovascular health. There is a definite need for a more active population in this area and providing bicycle lanes is a great project to do that. IV. DESTINATIONS SERVED (15 pts) The Machado Street and Lakeshore Drive is a bicycle lane project, which calls for a 2 -mile radius for possible destinations. Destinations served by this bicycle lane project are: • Alberhill Ranch Community Park. This park offers four soccer fields and a basketball court. It also has a community center building that houses the Boys and Girls Club. • McVicker Park. This park offers two competitive baseball fields and a bmx/skate park. 2 FY17/18 SB 821 Bicycle and Pedestrian Facilities Program BIENNIAL CALL FOR PROJECTS APPLICATION • Temescal Canyon High School, Lakeside High School, Terra Cotta Middle School, Rice Canyon Elementary School, Machado Elementary School, Withrow Elementary School, Butterfield Elementary School • Lake Elsinore Outlet Center. A large shopping center with over 45 retailers. • Shopping Centers. The shopping center at the intersection of Central and Collier boasts a Home Depot, Target, Aldi, and many restaurants. More shopping is available on Lakeshore, which includes Stater Brothers, Albertsons, Rite Aid, various restaurants and other services. • Employment centers on Central Avenue and Pasadena Street. There are many industrial parks and offices in this area, which include auto services, realtors, construction suppliers, and property management offices. • Two fire stations within the 2 -mile radius: Riverside County Fire Station 51 and 85. V. SAFETY (10 pts) Bicyclists riding westbound on Lakeshore Drive will find that the bike lane ends suddenly at Jernigan Street. Bicyclists then have to mix with vehicular traffic as they approach Machado Street. The current posted speed limit on Lakeshore Drive is 45 mph while the 85th percentile speed is 49 mph. Bicyclists riding on Machado Street will find that there are no bicycle facilities on the entire roadway segment. There is on -street parking for most of the segment, which forces bicyclists to travel closer to the vehicle lane without any driver notification. The current posted speed limit on Machado Street is 40 mph while the 85th percentile speed ranges from 40 to 46 mph. Lakeside High School has an attendance of 1,973 while Temescal Canyon High School has an attendance of 2,139. Terra Cotta Middle School has an attendance of 1,126. VI. PROJECT ENHANCEMENT (5 pts) The proposed project will complete a missing link on Lakeshore Drive while providing bicycle facilities to a large portion of the City that has no existing adjacent facilities. Completing the missing link and adding additional access will encourage more use of bicycling and active 3 FY17/18 SB 821 Bicycle and Pedestrian Facilities Program BIENNIAL CALL FOR PROJECTS APPLICATION transportation. Additional benefits are enhanced safety for bicyclists and increased community health. VII. MULTIMODAL ACCESS (5 pts) In the 2 -mile radius of the project, the Riverside Transit Agency (RTA) has 38 bus stops served by routes 7, 8, 22, and 206. There is a park and ride facility on Collier Avenue at the Lake Elsinore Outlet Center serving route 22. 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 Local Match* Committed: (10 pts) $ 151.800 (100%) $ 75,900 (50%) SB 821 Funds Requested: $ 75.900 (50%) *Supporting documentation of proposed match must be included. Breakdown of Estimated Project Cost (must add up to "Total Estimated Project Cost" above): Engineering/Administration $ 19,800 Right -of -Way $ 0 Construction $ 132,000 Other (specify): $ Estimated Construction start date (Mo/Yr): August 2017 Estimated Construction end date (Mo/Yr): Tune 2019 IX. 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. 4 FY17/18 SB 821 Bicycle and Pedestrian Facilities Program BIENNIAL CALL FOR PROJECTS APPLICATION Signature S�,_a 7&W& Title Eh 1 figs Date 4-24- 17 9 a 7 q � ` • � ♦". �."1.�` � 'Yr Zc't�; a[ s r � � � a •�� ~` f r\ � � • , ' r a � i�-,�`4. e� ��{ � c� 'E"wiz.. St}C, �j [,� v",IC�c�sr •�a. < y ' ` LL tr (- r k. �� ..,, •,a! ,ati-}��yai• e�r .'�+ 1.•,3! �r�,.,-may � TASFs SA i.o,v r � i - ,! i . '�� f�j•y ``�+ . �'' jet,' r t ' • a' r ° ;, vo > +w�S • i . ° , fA0. ^t + Y� '!`a - N. �D `' ti1��4;' `t'4 ,r,+F (A J r M1 r, r` Te ''� vrC c k, 'i° Y _'.}=. ti"•.r r;' y f, y , �•.'.,y � - - N; tY4�,•i i ti}s�.a `t :mow•: _� Y' •fir t :.i', y'�i . t`�."�. '.. .,. e. .• i• e - j'j .-� � �a : v : .. ,� a j - ' rye=, ; i. ,d L,. � �• ` , .� . y - a'v :,.,n -r a. � - 1. 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U It 15 41 e3 1 - Butterfield Elementary School 2 - Lake Country Plaza 3 - Lake Elsinore Market 4 - Backyard Barbecue & Catering 5 - Lakeside High School 6 - Shopping Center Nearby Destinations - 2 Mile Radius 7 - Shopping Center 8 - Machado Elementary School 9 - New Song Calvary Chapel 10 - Rite Aid Pharmacy 11 - Shopping Center 12 - Shopping Center (Stater Brothers) 13 - Shopping Center (Albertson) 14 - Withrow Elementary School 15 - Mc%Acker Park 16 - Fire Station 17 - Terra Cotta Middle School 18 - Alberhill Ranch Community Park 19 - Lake Elsinore Outlets 20 - Temescal Canyon High School 21 - Shopping Center (Home Depot. Food) 22 - Shopping (Target) 23 - Industrial Park N CGr' gle Looking north on Machado Street. No bike lanes existing. On -street parking is allowed. Bicycles ride in travel lane next to parked cars. Looking north on Machado Street. Southbound has narrower pavement section and right-of-way issues. Centerline can be shifted to allow for class 11 bike lanes. April 26`h, 2017 RE: Letter of Support To whom it may concern: In our efforts as a Public Safety Advisory Commission to improve our bike lanes and trail facilities, we recognize the growing interest our citizens are expressing for us to make them safer for their families and friends. With this growing interest in outdoor physical and recreational activities in our city, the funding of the proposed location improvements is very important to our community. Our bike lane and trail projects are located on Machado Street from Grand to Lakeshore, Lakeshore from Jernigan to Machado, Mission Trail from Diamond to Campbell, Lakeshore from Chaney to Mohr, Graham frau Mohr to Main, Main from Limited to Flint, and a bike trail south of Palomar adjacent to the channel. The staff has identified these locations after review by the Public Safety Advisory Commission and our Traffic Engineer Consultant as the priority places that would best improve the bike and trail activities by our citizens. I fully support the proposed improvements as part of our ongoing efforts to make our city as safe as possible for our growing population. Si?aySte�wart ely, Chairman Public Safety Advisory Commission 3. Chaney Street Missing Link Sidewalk SB 821 Application FY17/18 SB 821 Bicycle and Pedestrian Facilities Program BIENNIAL CALL FOR PROJECTS APPLICATION I. APPLICANT INFORMATION Lead Agency: City of Lake Elsinore Project Name: Chaney Street Missing Link Sidewalk Contact Person: Farid Dost Title: Senior Civil Engineer Telephone #: 951-674-3124 Fax #: Email Address: fdost@lake-elsinore.org Address: 130 S. Main Street, Lake Elsinore, CA 92530 11. PROJECT DETAILS Project type (check all that apply): ❑ Bicycle Project ® Pedestrian Project Project location: ❑ Coachella Valley ® Western Riverside County Does this project proposal include any of the following? (check all that apply): ® Curb ® Gutter ® Driveway ramps If any of the above were checked, is the benefit provided for the exclusive use of bicyclists/pedestrians? ❑ No ® Yes 111. PROJECT DESCRIPTION This proposed sidewalk infill project for Chaney Street, situated between W. Flint Street and W. Sumner Avenue will construct approximately 1,800 linear feet of ADA Compliant sidewalk, curb and gutter on the eastern side of the Chaney Street. The project area is located within a Disadvantage Community per the California Environmental Screen, which is within 81-85% percentile range, and is in the 97th percentile for cardiovascular health ❖ Please see Project Location Map (Exhibit A). 1 FY17/18 SB 821 Bicycle and Pedestrian Facilities Program BIENNIAL CALL FOR PROJECTS APPLICATION Primary benefits of this much-needed project will be a safe and continuous sidewalk for students and residents along Chaney Street to the Lake Elsinore Unified School District, Ortega High School, Valley Adult School, Lake Elsinore Middle School and Lake Elsinore Elementary School. Currently, there are no sidewalks on either side of the Chaney Street. The lack of sidewalk limits safe pedestrian mobility within the area for local residents and students whose only means of transportation is walking, biking and using public transportation to reach nearby destinations. These pedestrians must maneuver through an unimproved and uneven dirt path that is adjacent to vehicular traffic. The speed limit on Chaney Street is 35 mph. The Average Daily Traffic (ADT) on this section of Chaney between Collier and Treleven is 6,709 and Chaney between Treleven and Lakeshore Drive is 3,437. The Lake Elsinore Elementary School has an attendance of 623, Lake Elsinore Middle School has an attendance of 790, and Ortega High School has an attendance of 236. The City of Lake Elsinore proposes the Chaney Street Sidewalk Project to complete the much needed and critical missing link that will connect the local communities to schools, parks, and churches. During the rainy seasons, this dirt path can force pedestrians to use the adjacent roadway, in conjunction with vehicular traffic, to reach their destination. ❖ Please see Exhibit B for the pictures of the existing site. IV. DESTINATIONS SERVED (15 pts) The Chaney Street Sidewalk Project is a Pedestrian project. A 3/ -mile radius around the proposed project location identifies the destinations served. There are multiple trip generators for this project location. The first being the Lake Elsinore Elementary School, Lake Elsinore Middle School, Ortega High School, Valley Adult School and the Lake Elsinore Unified School District offices. The next group of trip generators are the nearby shopping centers, restaurants, churches, parks, post offices, library, fire station and the Lake Elsinore Community Center. ❖ Please see Exhibit C for Destinations Served. Please note, due to a large destination area served, not all are shown 2 FY17/18 SB 821 Bicycle and Pedestrian Facilities Program BIENNIAL CALL FOR PROJECTS APPLICATION V. SAFETY (10 pts) Pedestrians, bicycle and vehicular traffic currently share the road along the proposed segment due to an unpaved and uneven dirt pathway. This is a highly undesirable and unsafe mode of travel for pedestrians with the vehicular traffic driving at speeds in excess of the posted 35 mph. Construction of infill sidewalk, curb and gutter will correct this dangerous condition by providing a continuous off -the -road link for students and other pedestrians, which will eliminate the use of unimproved road shoulders as a method of travel, which is especially critical during rainy weather as pedestrians try to avoid muddy shoulders. The proposed segments will eliminate conflict between pedestrians, bicycles and vehicles and meet the current ADA requirements. VI. PROJECT ENHANCEMENT (5 pts) It The proposed sidewalk project will complete a critical and much needed "missing link" and will connect local communities to the above-mentioned schools, local parks, beaches, churches, restaurants, and other businesses. The new sidewalks will provide all-weather access to schools, parks and the shopping centers within the area. This sidewalk connectivity will continue to encourage and promote walking as an alternate transportation method and is consistent with the City of Lake Elsinore's Healthy LE Program. VII. MULTIMODAL ACCESS (5 pts) The Chaney Street project is a sidewalk project. A %-mile radius around the proposed project was used to identify bus stops served. The bus services in this area are operated by the Riverside Transit Agency (RTA). RTA Bus 8 has 9 bus stops within the % mile radius around the proposed project. RTA Bus 8 destinations include the Lake Elsinore Outlet Center, Wal-Mart and Shopping Center, Wildomar Independent and Assisted Living, Lake Elsinore and other commercial, recreational, learning and business locations. When Bus 8 becomes accessible via this new sidewalk project, local residents will be able to use public transportation more frequently and will be able to connect to Bus 22, Bus 40, Bus 205, and Bus 206 via Bus 8. This will provide them access to go to Downtown Riverside, Perris Station, Metrolink, Sun City, Menifee, Village at Orange, Temecula, Murrieta and Corona Transit Center. q FY17/18 SB 821 Bicycle and Pedestrian Facilities Program BIENNIAL CALL FOR PROJECTS APPLICATION Please see Exhibit D for the Multimodal Access. Vill. 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 $ 275.660 (100%) Local Match* Committed: (10 pts) $ 137.830 (50%) SB 821 Funds Requested: $ 137.830 (50%) *Supporting documentation of proposed match must be included. Breakdown of Estimated Project Cost (must add up to "Total Estimated Project Cost" above): Engineering/Administration $ 44,267 Right -of -Way $ Construction Other (specify): $ 231.394 Estimated Construction start date (Mo/Yr): August/2017 Estimated Construction end date (Mo/Yr): June/2019_ 4 IX. 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 14idk Title C i Date — •26�/Z EXHIBIT A - Project Location Map Laueaati Time Warner Cable ly B�gttOn Ave' Co. ... Si 9� • Riverside Public e Social Services 0 n N s` .� Onega High School 0 C. 67, J,��`gvn 'i�tl�bSy 4ye Q Elsinore Valley���. v e Municipal Water District A a 7;01000 es Wann Spnngs �a4 valkry �lYrSrg. S Lake Elsinore 3}d3PublicWorksO N � •/x IfN N N tai m , rS av` = k"�o++� 4� Yarborough N° 07 -Eleven Park = o 4 y 3 a � � � rYflrr+10091nores Laundromat Sr Zr jj-Lk ` heaogr° y 5ve 2F W o f FAr 0 O' N Pl Hej�4:'e lY o $ � • y " + �$ p rl keJ�q�e St"""erA�e 2 y FPor! u= 2 ivsonrnC/ `� W,. Goole S � Ave = E •v, ; ...�� � North Looking South — Chaney Street Project will begin at the Intersection of W Flint and Chaney St with an ADA curb ramp. Looking South —Chaney Street Existing dirt and vegetated path. wheel chairs and strollers currently use the roadway as a path due to the uneven path Looking South — Chaney Street Pathway blocked by heavy vegetation, all pedestrians forced to walk on the roadway 417 r7 `�-rJ L l•� at 4 Looking South — Chaney Street Looking North — Chaney Street Looking North — Chaney Street Typical uneven, gravel and vegetated pathway, wheel chairs Typical uneven and tripping hazard dirt path blocked by trees and vegetation Project will and at the Intersection of W Sumner and Chaney St and strolls" will use the adjacent roadway to reach their destination pedestrians are forced to walk an the roadway with ADA curb ramp EXHIBIT D - Multi -modal Access Bus Stop eaywy `e .o 4cc oq ,❑'s qtc a q rt, \ u, t.,4 r0"Just � a!fi'y S' iq P SocialdServicesfl q- �5 S, �f E ht 4t �T �Q ij Ave lylQ Igi,,Sf Qx,1'� n T POA t eery �` �. � 9❑� y , J ? T c3 11'S4q �O Cs ap g r, r a' y z H re Middle SSchool ,s: G h Ivy N'r y f PR;,yy� 41n k•c,� � c .� � t � t Wdw4fe eresr anr�fe 2. { r ff{ee'dAre Ir Gungk � _ rave A'•nl April 26th, 2017 RE: Letter of Support To whom it may concern: I am sending this letter of support for the proposed sidewalk projects at W. LAKESHORE DRIVE SIDEWALK PROJECT, the CHANEYSTREET SIDEWALK PROJECT, and the W. SUMNER AVENUE, MOHR STREETAND DAVIS STREET MISSING LINKSIDEWALK PROJECT. All of the areas of the city were thoroughly examined and reviewed by our Public Safety Commission and it was determined that those locations were priorities, as described in detail for each chosen location, for our city's needs. As our population grows, the safety of our citizens is constantly being evaluated and as a Public Safety Advisory Commission, our efforts to work with city staff for improvements is our commitment to Lake Elsinore. While there are a number of improvements we hope to make to our city's walkways in the future, the SB -821 Grant would help us move forward with our immediate concerns and with our goals to make our city as safe as we can for the citizens of this beautiful place. I am hoping that the funding for the above projects will be approved in the interest of our citizens and our goals to make our city a place where families can enjoy growing with confidence that their safety is our top priority. Si erely, Jay tewart Chairman Public Safety Advisory Commission 4. Sumner, Mohr and Davis Street Missing Link Sidewalk SB 821 Application FY17/18 SB 821 Bicycle and Pedestrian Facilities Program BIENNIAL CALL FOR PROJECTS APPLICATION I. APPLICANT INFORMATION Lead Agency: City of Lake Elsinore Project Name: Sumner, Mohr and Davis Street Missing Link Sidewalk Contact Person: Farid Dost Telephone #: 951-674-3124 Email Address: fdost@lake-elsinore.org Title: Senior Civil Engineer Fax #: Address: 130 S. Main Street, Lake Elsinore, CA 92530 II. PROJECT DETAILS Project type (check all that apply): ❑ Bicycle Project ® Pedestrian Project Project location: ❑ Coachella Valley ® Western Riverside County Does this project proposal include any of the following? (check all that apply): ® Curb ® Gutter ® Driveway ramps If any of the above were checked, is the benefit provided for the exclusive use of bicyclists/pedestrians? ❑ No ® Yes III. PROJECT DESCRIPTION This proposed sidewalk infill project is for W. Sumner Avenue, Mohr Street and Davis Street, which sits approximately 1,000 feet south of Chaney Street and 1,200 feet north of W. Lakeshore Drive. This project will construction approximately 910 linear feet of ADA Compliant sidewalk, curb and gutter along W. Sumner Avenue, Mohr and Davis Street. The project area is located within a Disadvantage Community per the California Environmental Screen, which is within the 81-85% percentile range, and are in the 97th percentile for cardiovascular health. •S Please see Project Location Map (Exhibit A). 1 FY17/18 SB 821 Bicycle and Pedestrian Facilities Program BIENNIAL CALL FOR PROJECTS APPLICATION Primary benefits of the project will be a safe and continuous sidewalk for students attending Lake Elsinore Elementary and Lake Elsinore Middle School. This project area has many sections with missing link sidewalk connectivity, which limit safe pedestrian mobility within the area for local residents and students whose only means of transportation is walking, biking and using public transportation to reach the nearby destinations. The lack of connectivity sidewalks cause pedestrians to maneuver through unimproved dirt paths and road shoulders to reach their destination. Certain locations will force pedestrians to walk along the roadway in conjunction with vehicular traffic to reach their destination. ❖ Please see Exhibit B for the pictures of the existing site. IV. DESTINATIONS SERVED (1S pts) The W. Sumner Avenue, Mohr and Davis Street Sidewalk Project is a pedestrian project. A %- mile radius around the proposed project location identifies the destinations served. There are multiple trip generators for this project location. The first being the Lake Elsinore Elementary School (attendance of 623) and Lake Elsinore Middle School (attendance of 790). The next group of trip generators are the nearby grocery store, parks, post offices, Riverside County Department of Public & Social Services, library, fire station, Riverside County Sherriff's Department, and the Lake Elsinore Community Center. ❖ Please see Exhibit C for Destinations Served. Please note, due to a large destination area served, not all are shown. V. SAFETY (10 pts) Currently, the lack of continuous sidewalk limits safe pedestrian mobility within the area for local residents and students whose only means of transportation is walking, biking and using public transportation to reach nearby destinations. These pedestrians must maneuver through unimproved shoulders to reach their destination. Sumner Avenue is a busy street within a large residential area, which connects directly to Downtown Main Street, the center of the City's Historic Downtown District. 2 FY17/18 SB 821 Bicycle and Pedestrian Facilities Program BIENNIAL CALL FOR PROJECTS APPLICATION Construction of infill sidewalk, curb and gutter to complete the missing links will provide a safe and designated ADA compliant sidewalk for pedestrians. The proposed segments will eliminate conflict between pedestrians, bicycles and vehicles and meet the current ADA requirements. VI. PROJECT ENHANCEMENT (5 pts) The proposed sidewalk project will complete critical and much needed "missing links" and will connect local communities to the above-mentioned two schools, local parks, churches, restaurants, grocery stores, businesses and other employments centers. The new sidewalks will provide all-weather access to schools, parks and the shopping centers within the area. This sidewalk connectivity will continue to encourage and promote walking as an alternate transportation method and is consistent with the City of Lake Elsinore's Healthy LE Program. VII. MULTIMODAL ACCESS (S pts) The W. Sumner Avenue, Mohr and Davis Street project is a sidewalk project. A 3/ -mile radius around the proposed project was used to identify bus stops served. The bus services in this area are operated by the Riverside Transit Agency (RTA). RTA Bus 8 has nine bus stops within the %-mile radius around the proposed project. RTA Bus 8 destinations include the Lake Elsinore Outlet Center, Wal-Mart and Shopping Center, Wildomar Independent and Assisted Living, Lake Elsinore and other commercial, recreational, learning and business locations. When Bus 8 becomes accessible via this new sidewalk project, local residents will be able to use public transportation more frequently and will be able to access Bus 22, Bus 40, Bus 205 and Bus 206 via Bus 8. This will provide them access to go to Downtown Riverside, Perris Station, Sun City, Metrolink, Menifee, Village at Orange, Temecula, Murrieta and Corona Transit Center. ❖ Please see Exhibit D for the Multimodal Access. 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 Local Match* Committed: (10 pts) 3 $ 195.905 (100%) $ 97.953 (50%) FY17/18 SB 821 Bicycle and Pedestrian Facilities Program BIENNIAL CALL FOR PROJECTS APPLICATION SB 821 Funds Requested: $ 97.953 (SOib) *Supporting documentation of proposed match must be included. Breakdown of Estimated Project Cost (must add up to "Total Estimated Project Cost" above): Engineering/Administration $ 49,052 Right -of -Way $ Construction $ 146,853 Other (specify): $ Estimated Construction start date (Mo/Yr): August/2017 Estimated Construction end date (Mo/Yr): June/2019. IX. 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 �&j 74UAO Title ^ A . r C f'� Date EXHIBIT A - Project Location Map �a°e°ry q$ Time Warner Cable w UllO �� '• Ave Co. q� y Riverside Public pE Social Services - (+ 3wnai 1 �� ,� Onega High Sermlo Ma 0r* QQ, 'l� O 4AP P P �'� CW�'h. S}'�cs ry'gy .�"'�. ,� �q a OElsmoreValley $ p Municipal Water District .T warm Springs cP3 ' Valley .6 dye „pig TIC...Ion t;a Lake Elsinore Public WorkslVA01f4i ,Ml SrQ 4y,Yarborough a07 -Eleven P C. Sl t Park z/ 3' z 'O, " � / � _� y p, OElsirwres Laundromat h V � '7 � 4° rn $ {'• � C�rnf Sr v I•• IYSrf'rfne, ` z Pofre1. S1 y 1 kakl k'a880Shack� •� `o Are H t y a qr Oc I,HeaMgie 2 _2 2 ty� « Pa111yt,� C ?91e North Looking West - Sumner Avenue Join existing sidewalk and construct ADA curb ramp to complete the mining link In this section of the street Looking South - Mohr Street Join existing sidewalk to complete the mining link in this section Of the street. EXHIBIT B - Existing SHa +r Looking North -Sumner Avenue Join existing sidewalk and construct ADA curb ramp to complete the missing link in this section of the street. �y Looking East -Sumner Avenue Join existing sidewalk and construct ADA curb ramp to complete the missing link in this section of the street. Looking South - Mohr Street Remove 3 trees, and Jain existing skdewalk to complete the mining Link In this section of the street Ll Looking North - Mohr Street Join existing sidewalk and construct ADA curb ramp to complete the missing link in this section of the street Bus Stop {•{ymw v�IP S. S, ?i n EXHIBIT D - Mulb-modal Access � 4 v =P Riverside Public Social Services G 3 w 0. LL Y o cap L- '�9re t / Y n. CC cY'rjr F'Fr S7 i W� { r 0 �> r tY � ? cr E �•^ev e Middle School i a �'i+n,•hr y S+ h A,, 2 Y 9 q Goagk April 26th, 2017 RE: Letter of Support To whom it may concern: I am sending this letter of support for the proposed sidewalk projects at W. LAKESHORE DRIVE SIDEWALK PROJECT, the CHANEY STREET SIDEWALK PROJECT, and the W. SUMNER AVENUE, MOHR STREET AND DAVIS STREET MISSING LINK SIDEWALK PROJECT. All of the areas of the city were thoroughly examined and reviewed by our Public Safety Commission and it was determined that those locations were priorities, as described in detail for each chosen location, for our city's needs. As our population grows, the safety of our citizens is constantly being evaluated and as a Public Safety Advisory Commission, our efforts to work with city staff for improvements is our commitment to Lake Elsinore. While there are a number of improvements we hope to make to our city's walkways in the future, the SB -821 Grant would help us move forward with our immediate concerns and with our goals to make our city as safe as we can for the citizens of this beautiful place. I am hoping that the funding for the above projects will be approved in the interest of our citizens and our goals to make our city a place where families can enjoy growing with confidence that their safety is our top priority. Si erely, Jay tewart Chairman Public Safety Advisory Commission 5. W. Lakeshore Drive Missing Link Sidewalk SB 821 Application FY17/18 SB 821 Bicycle and Pedestrian Facilities Program BIENNIAL CALL FOR PROJECTS APPLICATION I. APPLICANT INFORMATION Lead Agency: City of Lake Elsinore Project Name: W. Lakeshore Drive Missing Link Sidewalk Contact Person: Farid Dost Title: Senior Civil Engineer Telephone #: 951-674-3124 Fax #: Email Address: fdost@lake-elsinore.org Address: 130 S. Main Street, Lake Elsinore, CA 92530 II. PROJECT DETAILS Project type (check all that apply): ❑ Bicycle Project ® Pedestrian Project Project location: ❑ Coachella Valley ® Western Riverside County Does this project proposal include any of the following? (check all that apply): ® Curb ® Gutter ® Driveway ramps If any of the above were checked, is the benefit provided for the exclusive use of bicyclists/pedestrians? ❑ No ® Yes III. PROJECT DESCRIPTION This proposed sidewalk infill project for W. Lakeshore Drive, which sits between Machado Street and Wise Street will construct approximately 1,350 linear feet of ADA Compliant sidewalk, curb and gutter on the northern side of W. Lakeshore Drive. The project area is located within a Disadvantage Community per the California Environmental Screen, which is within 81-85% percentile range, and are in the 971h percentile for cardiovascular health. ❖ Please see Project Location Map (Exhibit A). 1 FY17/18 SB 821 Bicycle and Pedestrian Facilities Program BIENNIAL CALL FOR PROJECTS APPLICATION Primary benefits of the project will be a safe and continuous sidewalk for students and residents of the surrounding communities to the Machado Elementary School, parks, and local businesses. Currently, there are no sidewalks on either side of W. Lakeshore Drive. The lack of sidewalk limit safe pedestrian mobility within the area for local residents and students whose only means of transportation is walking, biking and using public transportation to reach nearby destinations. These pedestrians must maneuver through unimproved uneven dirt shoulders and gravel to reach their destination. This area of W. Lakeshore Drive is a heavily traveled roadway. The speed limit on W. Lakeshore Drive is 40 mph. The Average Daily Traffic (ADT) on this section of the W. Lakeshore Drive is 12,461. Machado Elementary School has an attendance of 709. The City of Lake Elsinore proposes the W. Lakeshore Drive Sidewalk Project to complete the much needed and critical missing link that will connect the local communities to the schools, parks, churches, commercial shopping and restaurant areas. During the rainy seasons, this dirt path can force pedestrians to use the adjacent roadway, in conjunction with vehicular traffic, to reach their destination. ❖ Please see Exhibit B for the pictures of the existing site. IV. DESTINATIONS SERVED (15 pts) The W. Lakeshore Drive Sidewalk Project is a pedestrian project. A %-mile radius around the proposed project location identifies the destinations served. There are a number of trip generators for this project location. The first is Machado Elementary School and park which is located within 0.43 mile of the project site. Most school aged students living within the local, nearby residential community attend Machado Elementary School. The number of students walking to school are utilizing the unimproved uneven dirt shoulder to get to school. The next group of trip generators are the nearby shopping centers, restaurants, churches, parks, laundry facility, post offices, veterinarian office, clinics, pharmacies, dental offices, dance and sport gyms, learning centers, many employment centers, and one Elementary School. 2 FY17/18 SB 821 Bicycle and Pedestrian Facilities Program BIENNIAL CALL FOR PROJECTS APPLICATION d• Please see Exhibit C for Destinations Served. Please note, due to a large destination area served, not all are shown. V. SAFETY (10 pts) Pedestrians, bicycle and vehicular traffic currently share the road along the proposed segment due to an unpaved and uneven dirt pathway. This is a highly undesirable and unsafe mode of travel for pedestrians with the vehicular traffic driving at speeds in excess of the posted 40 mph. Construction of infill sidewalk, curb and gutter will correct this dangerous condition by providing a continuous off -the -road link for students and other pedestrians, which will eliminate the use of unimproved road shoulders as a method of travel, which is especially critical during rainy weather as pedestrians avoid muddy shoulders. The proposed segments will eliminate conflict between pedestrians, bicycles and vehicles and meet the current ADA requirements. VI. PROJECT ENHANCEMENT (5 pts) The proposed sidewalk project will complete a critical and much needed "missing link" and will connect local communities to Machado Elementary School, local parks, churches, clinics, restaurants, grocery stores, businesses and other employment centers. The new sidewalks will provide all-weather access to schools, parks and the shopping centers within the area. This sidewalk connectivity will continue to encourage and promote walking as an alternate transportation method and is consistent with the City of Lake Elsinore's Healthy LE Program. VII. MULTIMODAL ACCESS (5 pts) The W. Lakeshore Drive project is a sidewalk project, a %-mile radius around the proposed project was used to identify bus stops served. The bus services in this area are operated by the Riverside Transit Agency (RTA). RTA Bus 8 has 9 bus stops within the 4 mile radius around the proposed project. RTA Bus 8 destinations include the Lake Elsinore Outlet Center, Wal-Mart and Shopping Center, Wildomar Independent and Assisted Living, Lake Elsinore and other commercial, recreational, learning and business locations. When Bus 8 becomes accessible via this new sidewalk project, local residents will be able to use public transportation more frequently and will be able to connect to Bus 22, Bus 40, Bus 205 3 FY17/18 SB 821 Bicycle and Pedestrian Facilities Program BIENNIAL CALL FOR PROJECTS APPLICATION and Bus 206 via Bus S. This will provide them access to go to Downtown Riverside, Perris Station, Metrolink, Sun City, Menifee, Village at Orange, Temecula, Murrieta and Corona Transit Center. ❖ Please see Exhibit D for the Multimodal Access. 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 Local Match* Committed: (10 pts) $ 263,868 (100°x6) $ 131,934 (50°x6) SB 821 Funds Requested: $ 131,934 (50%) *Supporting documentation of proposed match must be included. Breakdown of Estimated Project Cost (must add up to "Total Estimated Project Cost" above): Engineering/Administration $ 53,435 Right -of -Way $ 26,200 Construction $ 184,233 Other (specify): $ Estimated Construction start date (Mo/Yr): August/2017 Estimated Construction end date (Mo/Yr): June/2019 4 IX. 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 _2.,S:J- Title Ct LCh 1 ee, 4-2(ozDate EXHIBIT A - Project 15;07 9;p ct h r nyt r ur 4 re Av° h QYcyr� sry � +AGf4tn'p Pan pn� Wt+e"." i`i � TO"tw- •Sl g h Pro ect Location� '17-1. O lash St 4�, es s ,p � it, Albertsonso mteg • 4j a `*u hl;a; r 4 fir[+. q�c��, rA f actn St 44 Elementary School— Huntsman Mobile ,} yr° Home ParkO y, Ia4- ��'°a r r'k •�sr Q' "4 QUttle Caesars Plea _ Lake Park RV's c� (gr n OResort and Lodge Sr ca Go_ gle �N qP C Costco Wholesale O Lake [Isin m OMarket PI eu The Home Depot 90 0 4a 0 Sunbuckso e 7atgeto .yap nOdrygh; Il 5 .o .yam 7r1, d�c r r OT G�tl�1 tr��'rSt ■ q:e + I`� N North Looking East— W Lakeshore Drive Project will begin and join the existing sidewalk where it currently end. Looking East— W. Lakeshore Drive Typical uneven and tripping hazard dirt path blocked by vegetation, Pedestrians forced to walk on the roadway. EXHIBIT B -Existing Sita Looking West — W. Lakeshore Drive Existing dirt, gravel path Is blocked by the existing trees forcing Residents to walk on the roadway ■ Looking East— W. Lakeshore Drive No Access for pedestrians, pedestrians forced to walk an the roadway, not a safe path for travel Looking West— W. Lakeshore (hive Typical grade differential between the streets and the dirt path, Wheel chairs and strollers will walk on the roadway to avoid this Looking West — W. Lakeshore Drive Project will end and join the existing sidewalk where it currently ends. I.. -u Vt a - EXHIBIT D - Multkmodal Access "Vsyo� - SEARCH THIS AREA <tsr n Gun'. .Aye � rg 'pip, �; ' `r summer Lake Park �' 4 ?R ! St •ty W ""'Y �y the = Flrnpd.vay Ave e n -' C m v � � P4 L Cv w St Clair A:. Me © q" "lbw �n f1..& r aNgStd 0 Lakeshore FS D # i Machado (Rite Aid) Ar St 4r 1vo:lanptc:-. eA a t9lnas titi Rcd A c � Yersa:acs C, �. 7 � tach St t� Lakeshore FS❑ Vizcaya (Salter Bros) � Machado FS Parkview Lakeshore FS Viscayn Q B r.tlal 9 ❑ 8 10 ®© Machado FS Joy Riverside FS Lakeshore ivKWn St Machado G w$ Elementary School HLa kwtw0w S, Huntsman Mobde $ Home Park* 0 r 3❑ rwrw at Lincoln FS Via Cordova ('j, Lincoln FS Lake ❑V Meadow CT 2 ptmk Caesars Pizza a� Lincoln NS Flannery Vla Cmibfa H `ve 4° (:❑ le April 26th, 2017 RE: Letter of Support To whom it may concern: I am sending this letter of support for the proposed sidewalk projects at W. LAKESHORE DRIVE SIDEWALK PROJECT, the CHANEYSTREET SIDEWALK PROJECT, and the W. SUMNER AVENUE, MOHR STREET AND DAVIS STREET MISSING LINK SIDEWALK PROJECT. All of the areas of the city were thoroughly examined and reviewed by our Public Safety Commission and it was determined that those locations were priorities, as described in detall for each chosen location, for our city's needs. As our population grows, the safety of our citizens is constantly being evaluated and as a Public Safety Advisory Commission, our efforts to work with city staff for improvements is our commitment to Lake Elsinore. While there are a number of improvements we hope to make to our city's walkways in the future, the SB -821 Grant would help us move forward with our immediate concerns and with our goals to make our city as safe as we can for the citizens of this beautiful place. I am hoping that the funding for the above projects will be approved in the interest of our citizens and our goals to make our city a place where families can enjoy growing with confidence that their safety is our top priority. Si erely, Jay tewart Chairman Public Safety Advisory Commission 6. Mission Trail Missing Link Bike Lanes SB 821 Application FY17/18 SB 821 Bicycle and Pedestrian Facilities Program BIENNIAL CALL FOR PROJECTS APPLICATION I. APPLICANT INFORMATION Lead Agency: City of Lake Elsinore Project Name: Mission Trail Missing Link Bike Lanes Contact Person: Nicholas Lowe Title: Consultant Traffic Engineer Telephone #: (9511374-6124 x804 Fax #: Email Address: nlowe@lake-elsinore.org Address: 130 South Main Street, Lake Elsinore, CA 92530 II. PROJECT DETAILS Project type (check all that apply): ® Bicycle Project ❑ Pedestrian Project Project location: ❑ Coachella Valley ® Western Riverside County Does this project proposal include any of the following? (check all that apply): ❑ Curb ❑ Gutter ❑ Driveway ramps If any of the above were checked, is the benefit provided for the exclusive use of bicyclists/pedestrians? ❑ No ❑ Yes III. PROJECT DESCRIPTION The City of Lake Elsinore proposes to install class II bike lanes on Mission Trail from Diamond Drive to Campbell Street (^'0.25 miles). Mission Trail is the main thoroughfare that links bus busy Diamond area of Lake Elsinore to residential areas and the City of Wildomar to the south. The project proposes to install class II bike lanes for the entirety of the segment. Mission Trail currently has class II bike lanes, but they terminate at Campbell Street leaving bicyclists with no marked travel way. Installing bike lanes on this segment would connect the proposed Mission Trail bicycle lanes to the existing bicycle lanes. It also provides a link for future bike lane extensions for Diamond Drive and Lakeshore Drive. 1 FY17/18 SB 821 Bicycle and Pedestrian Facilities Program BIENNIAL CALL FOR PROJECTS APPLICATION Mission Trail is an urban arterial (96' curb -to -curb width) per the City's general plan. It is currently built -out to a 76' curb -to -curb width with 4 vehicle travel lanes and a two-way left turn lane. However, there are no plans to widen the roadway in the near future. It is the main north -south corridors on the south side of the City. The bike lanes on Mission Trail will provide an extension to the existing bicycle infrastructure to add more accessible destination for bicycle riders. The proposed segment of Mission Trail currently has no bicycle infrastructure. Bicyclists on Mission Trail suddenly lose their class II bike lane and are left on the open street after passing Campbell Street. Bicyclists on Mission Trail currently deal with a high-volume roadway, relatively high speeds, and lack of driver notification. The City proposes 5'-7' class II bike lanes with green -backed markings on Mission Trail. In areas where possible, a 2' buffer between the bike lane and the traveled way will be considered. The bike lanes will provide a safe bicycle facility for those wanting to ride to the businesses and restaurants on Mission Trail. Installing safe and useful bicycle facilities in the City of Lake Elsinore is a high priority. The City has been providing public outreach through the Healthy LE program to get its citizens outdoors and active. According to CalEnviroScreen 3.0, the areas served is between the 711t and 75th percentile for overall score, but is in the 97th percentile for cardiovascular health. There is a definite need for a more active population in this area and providing bicycle lanes is a great project to do that. IV. DESTINATIONS SERVED (15 pts) Mission Trail Missing Link is a bicycle lane project, which calls for a 2 -mile radius for possible destinations. Destinations served by this bicycle lane project are: • Swick and Matich Park. This park offers three competitive baseball fields. It is in constant use by Little League teams. • City Park. This park offers the shade of many trees and covered areas. It also has a basketball court and a playground. • Lakepoint Park. This park offers a large multi -use field, playgrounds, and picnic tables. • Tuscany Hills Park. This park offers three competitive baseball fields and a playground. 2 FY17/18 SB 821 Bicycle and Pedestrian Facilities Program BIENNIAL CALL FOR PROJECTS APPLICATION • Elsinore Elementary School, Railroad Canyon Elementary School, Tuscany Hills Elementary School • Lake Elsinore Outlet Center. A large shopping center with over 45 retailers. • Shopping Centers. Shopping centers on Railroad Canyon Road include Walmart, Vons, many restaurants and fast food locations, banks, and other retailers. Other nearby shopping centers have Albertsons, a movie theater, and a bowling alley. • Several hotels are located near the project. • Downtown. Many stores and businesses operate in and around the downtown core area. • Car dealerships. There are three car dealerships nearby. • Lake Elsinore Diamond Stadium. The stadium is home to the Lake Elsinore Storm, which is a minor league affiliate of the MLB. • Two fire stations within the 2 -mile radius: Riverside County Fire Station 10 and Canyon Hills Fire Station 94. V. SAFETY (10 pts) Bicyclists riding northbound on Mission Trail will find that the bike lane ends suddenly at Campbell Street. Bicyclists then have to mix with vehicular traffic as they approach Diamond Drive. The current posted speed limit on Mission Trail is 45 mph while the 85th percentile speed is also 45 mph. VI. PROJECT ENHANCEMENT (5 pts) The proposed project will complete a missing link on Mission Trail by logically extending the bike lane infrastructure to Diamond Drive. Completing the missing link and adding additional access will encourage more use of bicycling and active transportation. Additional benefits are enhanced safety for bicyclists and increased community health. VII. MULTIMODAL ACCESS (5 pts) In the 2 -mile radius of the project, the Riverside Transit Agency (RTA) has 29 bus stops served by routes 7, 8, and 40. 3 FY17/18 SB 821 Bicycle and Pedestrian Facilities Program BIENNIAL CALL FOR PROJECTS APPLICATION Vlll. 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 Local Match* Committed: (10 pts) $ 19.550 (100%) $ 9.775 (50%) SB 821 Funds Requested: $ 9.775 (50%) *Supporting documentation of proposed match must be included. Breakdown of Estimated Project Cost (must add up to 'Total Estimated Project Cost" above): Engineering/Administration Right -of -Way Construction Other (specify): Estimated Construction start date (Mo/Yr): August 2017 Estimated Construction end date (Mo/Yr): June 2019 IX. CERTIFICATION $ 2.550 $ 0 $ 17,000 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 s�j 7uu'd Title ■ ' 4 Date 4--26 - �7 IT � ' •d'i Xire � ����, * ..Mission gm'Diamond Dr. to jbellSI. 770 . •ted -;,rr_ �-;�., �l � � , - , Nearby Bus Stops to Project - 2 Mile Radius z Nearby Destinations - 2- Mile Radius 1 - Swick and Matich Park 6 - Summerhill Park 2 - City's Downtown Core 9 - Shopping Center (Walmart, Vons) 3 - Lakepoint Park 10 - Shopping Center 4 - Railroad Canyon Elementary School 11 - Shopping Center (Food) 5 - Car Dealerships 12 - Shopping Center 6 - Medical Center 13 - Shopping Center 7 - Shopping Center 14 - Lake Elsinore Diamond Stadium 15 - Shopping Center 16 - Shopping Center and Hote:s 17 - Shopping Center 18 - Pins N Pockets Bowling Alley 19 - Shopping Center 20 - Lake Msmore Motorsports Park 21 - Industrial Park 22 - Lamb's Fellowship Church 23 - Fire Station 24 - Tuscany Hills Elementary School Lake E1.1- e, Califomla Q I` 1 I■ April 26`h, 2017 RE: Letter of Support To whom it may concern: In our efforts as a Public Safety Advisory Commission to improve our bike lanes and trail facilities, we recognize the growing interest our citizens are expressing for us to make them safer for their families and friends. With this growing interest in outdoor physical and recreational activities in our city, the funding of the proposed location improvements is very important to our community. Our bike lane and trail projects are located on Machado Street from Grand to Lakeshore, Lakeshore from Jernigan to Machado, Mission Trail from Diamond to Campbell, Lakeshore from Chaney to Mohr, Graham from Mohr to Main, Main from Limited to Flint, and a bike trail south of Palomar adjacent to the channel. The staff has identified these locations after review by the Public Safety Advisory Commission and our Traffic Engineer Consultant as the priority places that would best improve the bike and trail activities by our citizens. I fully support the proposed improvements as part of our ongoing efforts to make our city as safe as possible for our growing population. Sincerely, ay Stewart Chairman Public Safety Advisory Commission 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 5% 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 education programs. 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 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 20 percent of the amount available each year to a city or county may be allocated to restripe Class II 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 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 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. 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, including but not limited to the claim form for the fiscal year in which the project was awarded, copies of paid invoices, and photographs of the completed project. Attachment 2 17336.00005130172633.1 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 in effect at the time of project selection and approval. 6. The Commission expects all projects to be ready for construction; therefore an agency will have twenty-four (24) months from the time of the allocation to complete the project. There will be no time extensions granted unless the reason for the delay is due to unforeseen circumstances. 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 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. Attachment 2 17336.00005\30172633.1 ATTACHMENT 3 (SCOPE OF WORK) SCOPE OF WORK: Bicycle Lanes to Downtown: Install Class II bike lanes on Lakeshore Drive from Chaney Street to Mohr Street (approximately 0.25 miles) and on Graham Avenue from Mohr Street to Main Street (approximately 0.85 miles). Install a Class III bike route on Main Street from Limited Street to Flint Street. Machado Street Missing Link Bike Lanes: Install Class II bike lanes on Machado Street from Grand Avenue to Lakeshore Drive (approximately 1.75 miles) and on Lakeshore Drive from Jernigan Street to Machado Street (approximately 0.25 miles). Attachment 3 17336.00005130172633.1 Chaney Street Missing Link Sidewalk: Construct approximately 1,800 linear feet of ADA compliant sidewalk, curb and gutter on the eastern side of Chaney Street situated between W. Flint Street and W. Sumner Avenue. ��Pnega Nigh School Q time Ca � n/O'is� !4�'90 r4ja y9` 9r�Elsinore Valley F Municipal Water District Protect Loco �y Iv 97, pim IvraS 'leh gr 0!� py � i � c ?r rpY �+ 4�q„ ro o rvporteryS7 y S Y Sumner, Mohr and Davis Street Missing Link Sidewalk: Construct approximately 910 linear feet of ADA compliant sidewalk, curb and gutter along W. Sumner Avenue, Mohr and Davis Street which sits approximately 1,000 feet south of Chaney Street and 1,200 feet north of W. Lakeshore Drive. Ve' C7% Project Location Gr3�e4S� ti u�letj'Sr Oleate 4s h IV Z! F°C O , �pQlleiySl et,gVa Steri C1 ; U� 3' ti� y y Wit— Attachment 4_ Attachment 3 17336.00005130172633.1 W. Lakeshore Drive Missing Link Sidewalk: Construct approximately 1,350 linear feet of ADA compliant sidewalk, curb and gutter on the northern side of W. Lakeshore Drive which sits between Machado Street and Wise Street. v• rs '� f' Jar st Cr ' Project Location o� 114� Y lasn St �1-11b �~ �y Albertsonso ti s MachadoO O Elementary School© 7a; �'Or Huntsman Mobile Home Park© ,g Mission Trail Missing Link Bike Lanes: Install Class H bike lanes on Mission Trail from Diamond Drive to Campbell Street (approximately 0.25 miles). Attachment 3 17336.00005\30172633,1 FUNDING: *Local Match Source: General Fund and Gas Tax If Total Project Cost is lower than anticipated, Article 3 will be reimbursed at 50% of Total Project Cost. BREAKDOWN OF TOTAL PROJECT COST ARTICLE 3 AWARD LOCAL MATCH %* TOTAL PROJECT COST PROJECT TITLE: 186,304 Right of Way (for local match only) $ 26,200 1) Bicycle Lanes to $ 794,480 Total Pro'ect Cost $ Downtown $50,100; 2) Machado St. Bike Lanes $ ; 3) Chaney St. Sidewalk $137,830; 4) Sumner, Mohr & Davis $ $131,9 97,93;; 31,934; $503,492 50% $1,006,984 St. Missing Link Sidewalk 5) W. Lakeshore Drive Missing Link Sidewalk T Total:. Total: 6) Mission Trail Missing $503,492 Link Bike Lanes *Local Match Source: General Fund and Gas Tax If Total Project Cost is lower than anticipated, Article 3 will be reimbursed at 50% of Total Project Cost. BREAKDOWN OF TOTAL PROJECT COST Start End Engineering and Administration (Admin. for local match only) $ 186,304 Right of Way (for local match only) $ 26,200 Construction $ 794,480 Total Pro'ect Cost $ 1,006,984 TIMETABLE: Provide at a minimum the beginning and ending dates for each phase of work including major milestones within a phase. 1) Bicycle Lanes to Downtown Phase Start End Engineering 11/30/2017 8/30/2018 Construction 1/1/2019 6/30/2019 2) Machado Street Missing Link Bike T,anPc Phase Start End Engineering 11/30/2017 8/30/2018 Construction 1/1/2019 6/30/2019 Attachment 3 17336.00005\30172633.1 3) Chaney Street Missing Link Sidewalk Phase Start End Engineering 11/30/2017 8/30/2018 Construction 1/1/2019 6/30/2019 4) Sumner, Mohr and Davis Street Missing Link Sidewalk Phase Start End Engineering 11/30/2017 8/30/2018 Construction 1/1/2019 6/30/2019 5) W. Lakeshore Drive Missing Link Sidewalk Phase Start End Engineering 8/1/2017 6/30/2018 Construction 1/1/2019 6/30/2019 6) Mission Trail Missing Link Bike Lanes Phase Start End Engineering 11/30/2017 8/30/2018 Construction 1/1/2019 6/30/2019 Attachment 3 17336.00005\30172633.1 ATTACHMENT 4 (PAYMENT CLAIM FORM) TDA ARTICLE 3 BICYCLE AND PEDESTRIAN FACILITIES NON -TRANSIT CLAIM FORM FY 2017/18 CLAIMANT: COUNTY: RIVERSIDE ADDRESS: CONTACT PERSON: TITLE: TELEPHONE NO.: I verify that the information on this Claim Form is true and accurate to the best of my knowledge. Signed: Date: PROJECT NAME: START DATE (Mo/Yr): COMPLETED DATE (Mo/Yr): TDA ARTICLE 3 REVENUES AND EXPENSES OF CLAIMANT: Total Project Cost: $ (100%) Local Match Spent: $ (Enter %) SB 821 Funds Spent: $ (Enter %) Breakdown of Total Project Cost: Administration (for local match only): $ Engineering: $ Right -of -Way (for local match only): $ Construction: (Include final billing and back up for Construction Contract documentation) $ Other: (Specify) (for local match only) $ Total Claim (must add up to "Total Project Cost" above) : $ Attachment 4 17336.00005\30172633.1 ASSURANCE OF MAINTENANCE TDA ARTICLE 3 SB 821 BICYCLE AND PEDESTRIAN FACILITIES WHEREAS, THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION HAS ALLOCATED $ TO THE CITY/COUNTY OF PROJECT PURSUANT TO AGREEMENT DATED , 2017; AND, SIDEWALK/BIKEWAY 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 PEDESTRIAN/BICYCLISTS: THEREFORE, THE CITY/COUNTY OF ASSURES THAT THIS FACILITY WILL BE MAINTAINED AT ADEQUATE OPERATING STANDARDS AND RCTC SHALL HAVE THE RIGHT TO ENFORCE COMPLIANCE WITH THIS MAINTENANCE ASSURANCE THROUGH APPROPRIATE AND LAWFUL MEANS. SIGNED: TITLE: DATE: 17336.00005\30172633.1