HomeMy WebLinkAboutItem No. 03 RCTC Argmnt SB 821 Bicycle & Ped ProgramText File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 17-449
Agenda Date: 12/12/2017 Status: Consent AgendaVersion: 1
File Type: AgreementIn Control: City Council / Successor Agency
Agenda Number: 3)
Page 1 City of Lake Elsinore Printed on 12/7/2017
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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:December 12, 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 for the Palomar Multi Use Trail
in the amount of $245,523.
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 an initial award from RCTC on July 12, 2017, for Bicycle Lane Improvements
and Missing Link Sidewalk Improvements totaling $503,492.
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.
On September 27, 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.
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Fiscal Impact
The City is required to provide a fifty percent (50%) local match. Funds in the amount of
$245,523 will be satisfied using Gas Tax funds.
Exhibits
A – Agreement
AGREEMENT No. 18-62-071-00
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AGREEMENT FOR FUNDING UNDER SB 821 BICYCLE AND
PEDESTRIAN FACILITIES PROGRAM
(Transportation Development Act Article 3; Senate Bill 82 1)
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 Palomar
Multi -Use Trail Project ("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.
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 Two Hundred Forty -Five Thousand, Five
Hundred Twenty -Three Dollars ($245,523), to be used exclusively for reimbursing the
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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)
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
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.
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2.3 Increases in Project Funding. The FUNDING AMOUNT may, at
RCTC's sole discretion, be augmented with additional PROGRAM funds and local agency
match funds proportionate to the amounts included in Section 3 if there is a FUNDING
AMOUNT balance and the RECIPIENT provides justification as to the reason for the funding
increase. Any such increase in the FUNDING AMOUNT must be approved in writing by
RCTC's Executive Director and RCTC shall be under no obligation whatsoever to approve any
increase in the FUNDING AMOUNT. No such increased funding shall be expended to pay for
any PROJECT work already completed.
2.4 Cost Savings. In the event that bids or proposals for the PROJECT are
lower than anticipated, or there are cost savings for any other reason, the FUNDING AMOUNT
shall be reduced through an amendment to the AGREEMENT mutually agreed to in writing by
the Parties. RECIPIENT shall inform RCTC of any cost savings and any cost savings shall be
returned to RCTC or may be reprogrammed with written approval by RCTC for other
RECIPIENT projects that align with the PROGRAM. No PROGRAM funding may be used for
projects not approved by RCTC. If RECIPIENT provides a local match commitment and there
are cost savings on the PROJECT, RCTC will still be reimbursed at the matching ratio 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 PROGP-NM 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
action of RECIPIENT or its contractors relating to the condemnation of property undertaken by
RECIPIENT or construction related to the PROJECT.
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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 Two Hundred
Forty -Five Thousand, Five Hundred Twenty -Three dollars ($245,523) 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. The foregoing amount may
be reduced, as part of an amendment to this AGREEMENT, if there are cost savings as
further detailed in Section 2.4 above. RECIPIENT costs related to (i) preparation and
administration costs related to invoices, billings and payments; (ii) any RECIPIENT fees
attributed to the processing of the SCOPE OF WORK; and (iii) expenses for items not
included within the attached SCOPE OF WORK shall be borne solely by the RECIPIENT
and shall not qualify towards RECIPIENT's local match requirement in this Section 3.
4. Term: The term of this AGREEMENT shall be from the date first herein above written until:
(i) the date RCTC formally accepts the PROJECT as complete, pursuant to Section 2.2; (ii)
termination of this AGREEMENT pursuant to Section 14; or (iii) RECIPIENT has fully
satisfied its obligations under this AGREEMENT. All applicable indemnification and
insurance provisions of this AGREEMENT shall remain in effect following the termination
of this AGREEMENT.
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
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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.
PROJECT insurance funds, when available, shall be utilized for the repayment of any claims
determined to have merit.
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9. Representatives of the Parties. RCTC's Executive Director, or his or her designee, shall
serve as RCTC's representative and shall have the authority to act on behalf of RCTC for all
purposes under this AGREEMENT. RECIPIENT hereby designates
[title], or his or her designee, as RECIPIENT'S representative to
RCTC. 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.
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
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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 14.2.
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 14.4, RCTC shall be
entitled to exercise its rights under Section 2.6, including but not limited to conducting a review
of the invoices and requesting additional information. This AGREEMENT shall terminate upon
receipt by the terminating Party of the amounts due it under this Section 14.4.
14.5 No Program Funding. In the event that RCTC determines there are
inadequate PROGRAM funds for whatever reason, RCTC shall have the ability to immediately
terminate the AGREEMENT with written notice to RECIPIENT. In the event that RCTC
terminates this AGREEMENT under this Section 14.5, RCTC shall, within 90 days, distribute to
the RECIPIENT PROGRAM funds in an amount equal to the aggregate total of all unpaid
invoices which have been received from RECIPIENT regarding the SCOPE OF WORK for the
PROJECT at the time of the notice of termination; provided, however, that RCTC shall be
entitled to exercise its rights under Section 2.6, including but not limited to conducting a review
of the invoices and requesting additional information from RECIPIENT.
14.6 Cumulative Remedies. The rights and remedies of the Parties provided in
this Section 14 are in addition to any other rights and remedies provided by law or under this
AGREEMENT.
15. Notice. All notices hereunder shall be in writing and shall be effective upon receipt by the
other Party. All notices and communications, including invoices, between the Parties to this
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AGREEMENT shall be 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 ROTC:
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 OpportunityEmployment. The Parties represent that they are equal opportunity
employers and they shall not discriminate against any employee or applicant for employment
because of race, religion, color, national origin, sexual orientation, ancestry, sex or age. Such
non-discrimination shall include, but not be limited to, all activities related to initial
employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination.
18. Entire Agreement. This AGREEMENT embodies the entire understanding and agreement
between the Parties pertaining to the matters described herein and supersedes and cancels all
prior oral or written agreements between the Parties with respect to these matters. Each Party
acknowledges that no Party, agent or representative of the other Party has made any promise,
representation or warranty, express or implied, not expressly contained in this
AGREEMENT, 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
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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]
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SIGNATURE PAGE
TO
AGREEMENT NO. 18-62-071-00
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AGREEMENT FOR FUNDING UNDER SB 821 BICYCLE AND PEDESTRIAN
FACILITIES PROGRAM
IN WITNESS WHEREOF, the Parties have caused this AGREEMENT to be signed by their
duly authorized representatives as of the Effective Date.
RCTC
RECIPIENT
CITY OF LAKE ELSINORE
By:
Name: Anne Mayer Name:
Title: Executive Director Title:
APF
By:
Nan
Tith
APPROVED AS TO FORM
Name:
Title:
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ATTACHMENT I
(RECIPIENT APPLICATION FOR FUNDING)
Attachment 1
17336.00005\30277988.1
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: Palomar Multi -Use Trail
Contact Person: Nicholas Lowe
Telephone #: (951)374-6124 x804
Title: Consultant Traffic Engineer
Fax #:
Email Address: nlowe flake-elsinore.orx ^^_
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 a class I multi -use trail on adjacent to the flood
control channel near Palomar Street (-0.5 miles). This portion of class I multi -use trails is a part
of the Murrieta Creek Regional Trail and will link southern parts of the trail to the trail on the
Lake Elsinore levee. The project proposes to construct a class I multi -use trail on the south side
of the flood control channel for the entirety of the segment. There are currently no bicycle
facilities nearby. There are sidewalks on Palomar Street.
The flood control channel currently has an existing access roadway approximately 20' wide on
the south side. The City proposes to install asphalt pavement, removable bollards, and other
bicycle and pedestrian -friendly amenities as necessary on the access roadway. The trail will
1
FY17/18 SB 821 Bicycle and Pedestrian Facilities Program
BIENNIAL CALL FOR PROJECTS APPLICATION
provide a safe bicycle and pedestrian facility for those wanting to travel on the Murrieta Creek
Regional Trail.
Installing safe and useful bicycle and pedestrian 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
26th and 30th percentile for overall score, but is in the 91s' percentile for cardiovascular health.
There is a definite need for a more active population in this area and providing a multi -use trail
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:
• Serenity Park. This park offers a tennis court, playground, picnic tables, basketball
courts, skate park, dog park, and bmx course.
• Marina O'Brien Park. This park offers three baseball fields, a multi-purpose field,
basketball courts, and a playground.
Elsinore High School, Lakeland Village Middle School, William Collier Elementary School
• Skylark Field Airport. This is a small airport specializing in skydiving flights.
V. SAFETY (10 pts)
There are no existing bicycle facilities in the area. Bicyclists currently have to ride on the
shoulder or with traffic on the roadways. Constructing the class I multi-purpose trail would
provide a safe stretch of trails for both pedestrians and bicyclists by removing them from the
street.
2
FY17/18 SB 821 Bicycle and Pedestrian Facilities Program
BIENNIAL CALL FOR PROJECTS APPLICATION
VI. PROJECT ENHANCEMENT (5 pts)
The proposed project will provide another link in the Murrieta Creek Regional Trail. Completing
this link will help spur further development of the Regional Trail and provide bicycle and
pedestrian access from Wildomar to Lake Elsinore. Additional benefits are enhanced safety for
bicyclists and pedestrians and increased community health.
VII. MULTIMODAL ACCESS (5 pts)
In the 2 -mile radius of the project, the Riverside Transit Agency (RTA) has 35 bus stops served
by routes 7 and 8.
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)
$ 491,046 (100 %)
$ 245.523 (50%)
SB 821 Funds Requested: $ 245.523 (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):
$ 70,150
$ 0
$ 420,896
Estimated Construction start date (Mo/Yr): August 2017
Estimated Construction end date (Mo/Yr): June 2019
3
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
Title L&y ErVNE __ Date —26—/
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Southern entrance of the existing maintenance access along the
channel. Photo taken from Corydon Street.
Northern entrance of the existing maintenance access along the
channel. Photo taken from Palomar Street.
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?ayy
ely,
wart
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
1733 6.00005\30277988.1
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
1 733 6.0000\30277988.1
ATTACHMENT 3
(SCOPE OF WORK)
6*1010=11Kt-`111 i,
Install a Class I Multi -Use Trail adjacent to the flood control channel near Palomar Street
(approximately 0.5 miles). The City proposes to install asphalt pavement, removable bollards,
and other bicycle and pedestrian -friendly amenities as necessary on the access roadway.
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
Engineering and Administration (Admin. for local match only) $ 70,150
Construction $ 420,896
Total Project Cost $ 491,046
TIMETABLE: Provide at a minimum the beginning and ending dates for each phase of work
including major milestones within a phase.
Attachment 3
1733 6.00005130277988.1
ARTICLE 3
LOCAL MATCH %*
TOTAL PROJECT
AWARD
COST
PROJECT TITLE:
Palomar Multi -Use
$245,523
$245,523
50%
$491,046
Trail
*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
Engineering and Administration (Admin. for local match only) $ 70,150
Construction $ 420,896
Total Project Cost $ 491,046
TIMETABLE: Provide at a minimum the beginning and ending dates for each phase of work
including major milestones within a phase.
Attachment 3
1733 6.00005130277988.1
Phase
Start
End
Comments
Engineering
11/30/2017
8/30/2018
Construction
1/1/2019
6/30/2019
Other
(Coordination
11/30/2017
8/30/2018
This is Flood Control Maintenance
with Flood
Access Road.
Control):
Attachment 3
1733 6.00005\30277988.1
CLAIMANT:
ADDRESS:
CONTACT PERSON:
ATTACHMENT 4
(PAYMENT CLAIM FORM)
TDA ARTICLE 3 BICYCLE AND PEDESTRIAN FACILITIES
NON -TRANSIT CLAIM FORM
FY 2017/18
TITLE:
COUNTY: RIVERSIDE
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\30277988.1
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:
1 733 6.00005\30277988.1