HomeMy WebLinkAboutA7043 - RIVERSIDE COUNTY TRANSPORTATION COMMISSION - FUNDING UNDER SB 821 BICYCLE & PEDESTRIAN FACILITIES PROGRAM r
AGREEMENT No. 18-62-053-00
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AGREEMENT FOR FUNDING UNDER SB 821 BICYCLE AND
PEDESTRIAN FACILITIES PROGRAM
(Transportation Development Act Article 3; Senate Bill 821)
I
This Funding Agreement ("AGREEMENT") is entered into as of M_Q A 201$("Effective
Date"), by and between the RIVERSIDE COUNTY TRANSP TATION COMMISSION
("RCTC") and the City of Palm Springs ("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 Racquet Club
Road and Farrell Drive Missing Links Sidewalks 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 FundingAmount. RCTC hereby agrees to distribute to the RECIPIENT, on the terms
and conditions set forth herein, a sum not to exceed Two Hundred Seventy-Seven Thousand,
Five Hundred ($277,500), to be used exclusively for reimbursing the RECIPIENT for
eligible expenses as described herein ("FUNDING AMOUNT"). RECIPIENT acknowledges
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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
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 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
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
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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
Seventy-Seven Thousand, Five Hundred dollars ($277,500) 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.
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,
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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 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
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C ` t'` .,ems / [title], or his or her designee, as RECIPIENT'S representative to
RCTC. RE IENT'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
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
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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
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:
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TO ROTC: TO RECIPIENT:
Anne Mayer Thomas Garcia
Executive Director Director of Public Works/City Engineer
RCTC City of Palm Springs
4080 Lemon Street, 3rd Floor 3200 E. Tahquitz Canyon Way
Riverside, California 92501 Palm Springs, California 92262
Phone: (951) 787-7141 Phone: (760) 323-8253
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 sue., 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.sy. on the PROJECT.
17. Equal Opportunity Employment. The Parties represent that they are equal opportunity
employers and they shall not discriminate against any employee or applicant for employment
because of race, religion, color, national origin, sexual orientation, ancestry, sex or age. Such
non-discrimination shall include, but not be limited to, all activities related to initial
employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination.
18. Entire Agreement. This AGREEMENT embodies the entire understanding and agreement
between the Parties pertaining to the matters described herein and supersedes and cancels all
prior oral or written agreements between the Parties with respect to these matters. Each Party
acknowledges that no Party, agent or representative of the other Party has made any promise,
representation or warranty, express or implied, not expressly contained in this
AGREEMENT, 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.
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,
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. CounteEparts. 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. 18-62-053-00
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
PALM SPRINGS
B By:
Name: Anne Mayer Name:
Title: Executive Director Title:
APPROV TO F M APPROVED AS TO FORM
i/
By: By:
Name: � Name:
Title: 0-:E�enj al.f nsj Title:
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SIGNATURE PAGE
TO
AGREEMENT NO. 18-62-053-00
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
PALM S NGS
By: By:
Name: _ Anne Maver Name: ha-� �'�QrG • c�
Title: Executive Director Title: Q.a r
APPRO TO F APPROVED FORM
By: By:
Name- Name: Z. 1< -0,eW
Title: Title: C(L —A-7Jr
APPROVED BY CITY COUNCIL
ao-A 1•JC .3
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ATTACHMENT 1
(RECIPIENT APPLICATION FOR FUNDING)
Attachment 1
17336.00005\30172586.1
FY17/18 SB 821 Bicycle and Pedestrian Facilities Program
BIENNIAL CALL FOR PROJECTS APPLICATION
I. APPLICANT INFORMATION
Lead Agency: City of Palm Springs
Project Name: Racquet Club Road and Farrell Drive Missing Links Sidewalks
Contact Person: Savat Khamphou, PE Title: Senior Civil Engineer
Telephone M (760) 323-8253 ext. 8744 _ Fax#: (760) 322-8325
Email Address: Savat.Khamphou@palmspringsca.gov
Address: 3200 E.Tahauitz Canyon Way, Palm Springs CA 92262
II. PROJECT DETAILS
Project type (check all that apply):
❑ Bicycle Project ® Pedestrian Project
Project location:
® Palm Springs ❑ Western Riverside County
Does this project proposal include any of the following?(check all that apply):
❑ Curb ❑ Gutter ® Curb ramps ® Sidewalk
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.
Racquet Club Road and Farrell Drive"Missing Links"Sidewalks.
The proposed project will construct a new 5 foot wide sidewalk and ADA curb ramps along
the "missing links" segments on Racquet Club Road and Farrell Drive, which are classified as
"Secondary Thoroughfares" (4 lane undivided roadways), located in a residential area (see
1
FY17/18 SB 821 Bicycle and Pedestrian Facilities Program
BIENNIAL CALL FOR PROJECTS APPLICATION
Exhibit "81"). The proposed sidewalk would serve a large neighborhood area, but would
specifically provide safe pedestrian access to adjacent 57 single family residences (see Exhibit
"62"). The sidewalk is proposed to start at Sunrise Way, which is classified as a "Major
Thoroughfare" (4 lane divided roadway), on Racquet Club Road and ends on Farrell Drive at
Vista Chino,which is classified as a "Major Thoroughfare"(HWY 111,6 lane divided roadway).
The construction of the new missing links sidewalk on the south side of Racquet Club Road
and on the west side of Farrell Drive is important as there are no continuous sidewalks along
these road segments from Sunrise Way to Vista Chino. Photos are attached as Exhibit"C".
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 X-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.
Racquet Club Road is a direct route to two shopping centers located at 1,500 and 2,800 feet
distances. Farrell Drive is also a direct route to those shopping centers located at 2,400 and
3,400 feet distances (see Exhibit 62). Local residents that now drive to the nearby grocery
stores(Stater Brothers,Albertsons),fast food restaurants(McDonald's,Taco Bell, Little Cesar,
Subway, Rocky's Pizza, Mexican Grill), Walgreens, 7 Eleven, Post Office, Auto Zone, O'Reilly
Auto Parts, Walgreens, Laundromat, Wells Fargo Bank, World Gym, Desert Aids Project
Medical Clinic, Annette Bloch Cancer Care Center, H&R Block, Hair Salon, Dollar Tree, Metro
PCS,could choose to safely walk to these places given a dedicated sidewalk on which to walk.
Currently lacking sidewalk improvements, pedestrians are forced to walk in the travel way of
Racquet Club Road and Farrell Drive, likely forcing many residents to drive rather than walk.
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 8511 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.
2
FY17/18 SB 821 Bicycle and Pedestrian Facilities Program
BIENNIAL CALL FOR PROJECTS APPLICATION
On Racquet Club Road east of Sunrise Way and on Farrell Drive north of Vista Chino there are
no continuous sidewalks on either sides of the roads. Currently, pedestrians walking in this
area are forced to walk within the travel way, a highly unsafe mode of travel. The Palm
Springs Police Department's Collision Summary Report shows a pedestrian injury in 2016 on
Racquet Club Road (see Exhibits 134 and 65). The proposed sidewalks will provide safe
pedestrian paths of travel, behind the curb and outside of the travel way. The potential for
traffic accidents and injuries to pedestrians in these areas will be eliminated by the
construction of the new sidewalks.
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.
On Racquet Club Road and Farrell Drive there are several sidewalk gaps and missing ADA
ramps which will be completed and constructed by the proposed project. Two new access
ramps are proposed of Racquet Club Road and six access ramps on Farrell Drive, which will
provide improved access for residents with disabilities. The sidewalks will provide accessible
routes that are otherwise lacking along these "missing link" segments of Racquet Club Road
and Farrell Drive. The attached map (Exhibit "62") shows the locations of these
improvements.
The proposed sidewalks and ADA curb ramps will have a high potential for use by
pedestrians. Past development of the residential neighborhoods in the 1960's to the 1980's
in the Palm Springs area did not emphasize pedestrian access, and therefore most
neighborhoods lack sidewalk improvements. The need for dedicated sidewalks for
pedestrian use is important,especially in large neighborhoods.
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.
3
FY17/18 SS 822 Bicycle and Pedestrian Facilities Program
BIENNIAL CALL FOR PROJECTS APPLICATION
The sidewalks on Cerritos Road will provide a connection to Sunline Transit Line 14 and Line
24. Sunline Transit Agency operates a"sub-regional"transit line identified as"Line 14"which
provides transit service from Desert Hot Springs to Palm Springs.The proposed sidewalk will
provide pedestrian access from the adjacent residential neighborhood to the existing bus
stations located at the Vista Chino and Farrell Drive intersection, and Sunrise and Racquet
Club intersection. See attached map as Exhibit B3.
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 $555.000 (100%)
Local Match* Committed: (10 pts) $277,500 ( 50%)
SB 821 Funds Requested: $277,500 ( SO%)
*Supporting documentation of proposed match must be included. (See Exhibit"A")
Breakdown of Estimated Project Cost(must add up to"Total Estimated Project Cost"above):
Engineering/Design $ 64.020
Right-of-Way $ 0
Construction $426,960
Other(specify): Inspection/Administration $ 64,020
Estimated Construction start date (Mo/Yr): September/2018
Estimated Construction end date(Mo/Yr): November/2018
IX. CERTIFICATION
I certify that the informa ion prese ted herein is complete and accurate and, if this agency
receives funding, it be sed s ely for the purposes stated in this application and following
the adopted policies
Signature
Title Senior Civil Engineer Date ZO
4
CITY OF PALM SPRINGS
RACUET CLUB ROAD SIDEWALK - SOUTH SIDE
FROM SUNRISE WAY TO FARREL DRIVE
AND
FARRELL DRIVE SIDEWALK -WEST SIDE
FROM RACQUET CLUB ROAD TO VISTA CHINO
ENGINEER'S ESTIMATE
Item Total
No. Item Description Quantity Unit Unit Price Total Amount
1 Mobilization 1 LS $10,000.00 $10,000.00
2 Traffic Control 1 LS $7,500.00 $7,500.00
3 Clearing, Grubbing and Misc. Removals 1 LS $5,000.00 $5,000.00
4 Construct 5"AC over 4"Base 2,180 SF $4.00 $8,720.00
5 Construct 4"PCC Sidewalk 13,000 SF $6.50 $84,500.00
6 Construct 6" PCC Driveway 9,420 SF $10.00 $94,200.00
7 Construct ADA Access Ramp Type A 7 EA $4,000.00 $28,000.00
8 Construct ADA Access Ramp Type B 2 EA $3,000.00 $6,000.00
9 Upgrade Exist. Ramp with Trunc. Domes 1 EA $1,200.00 $1,200.00
10 Construct Retaining Curb 100 LF $20.00 $2,000.00
11 Construct Cross-Gutter 640 SF $10.00 $6,400,00
12 Cold Plane&Overlay 2,960 SF $2.75 $8,140.00
13 Remove AC Pavement 2,180 SF $2.25 $4,905.00
14 Remove Driveway 8,090 SF $5.00 $40,450.00
15 Remove Curb R Gutter 202 LF $8.00 $1,616.00
16 Remove Cross-Gutter 640 LF _$8.00 $5,120.00
17 Remove Sidewalk 720 SF $3.00 $2,160.00
18 Remove Curb Ramp 6 EA $1,500.00 $9,000.00
19 Relocate Water Meter 13 EA $1,600.00 $20,800.00
20 Relocate Traffic Sign 9 EA $250.00 $2,250.00
21 Relocate Mail Box 4 EA $210.00 $840.00
22 Remove Tree 7 EA $1,000.00 $7,000.00
Subtotal: $355,800.00
Contingency 20% : $71,160.00
Total Construction: $426,960.00
Preliminary Engineering/Design (15%) 1 LS $64,020.00
Construction Engineering/Administration(15%) LS $64,020.00
TOTAL= $555,000.00
50%= $277,500.00
SB821= $277,500.00
EXHIBIT A
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City of Palm Springs
Police Department
From 1/1/2016 to 12/31/2016
Total Collisions:44 Collision Summary Report ?J15117
Injury Collisions: 34
Fatal Collisions: 6
Page 1 of 8
1606P-3866 6/17/2016 22:33 Friday PALM CANYON DRIVE S SUNNY DUNES ROAD 0' Direchon:Not 5tate Dark-Street Light Clear Ply at Fault:1
Vehicle-Pedestrian Pedestrian Driving Under Influence 23152A Hit&Run:Felony Other Visible Injury p Inj:1 4 Killed:0
Party 1 Driver South Making Left Turn Male Age:80
Veh Type Sobriety:HAD Not Under Influ Assoc Factor Violation Unknown
Party 2 Pedestrian East Mate Age:38
Veh Type Sobriety.Under Drug Influent Assoc Factor-None Apparent Not Stated
1602P-2482 2/12/2016 12:23 Friday RACQUET CLUB ROAD CALICO LANE 0' Direction:Not State Daylight Clear Ply at Fault:O
Other Pedestran Unknown Hit&Run:No Other Visible Injury 4 inj:1 N Killed:0
Party 1 Pedestrian East Male Age:56
Veh Type Sobriety: Assoc Factor: Not Stated
Party 2 Driver South Making Right Turn Male Age:58
Veh Type: Sobriety: Assoc Factor Unknown Cell Phone Not in Use
1612P-4051 12/20/2016 19:10 Tuesday SUNRISE WAY CAMINO PARDCELA 0' Direction:Not State Dark-No Street Li Clear Pty at Faults
Vehicle-Pedestrian Pedesuran Not Stated 21950C Hit&Run:No Fatal R Inj:0 a Killed:i
Party 1 Driver South Proceeding Straight Male Age:53
Veh Type: Sobriety:HNBD Assoc Factor-Violation Lap/Shoulder Harness Used Cell Phone Not In Use
Party 2 Pedestrian West Male Age:77
Veh Type Sobriety.HNBD Assoc Factor:None Apparent Not Stated Cell Phone Not in Use
1612P-4838 12/24/2016 13:50 Saturday E TAHOUITZ CANYON WAY INDIAN CANYON 0A 3' Direction:West Daylight Raining Pty at Faults
Vehicle-Pedestrian Pedestrian Ped R/W Violation 219SBA Hit&Run:No Other Visible Injury 9Inj: 1 4 Killed:0
Party 1 Driver West Making Left Turn Male Age:B6
Veh Type: Sobriety:HNBD Assoc Factor:None Apparent tap/Shoulder Harness Used Cell Phone Not In Use
Party 2 Pedestrian North Male Age:65
Veh Type: Sobriety:HNBD Assoc Factor: Not Stated Cell Phone Not in Use
1601P-0578 1/3/2016 17:40 Sunday E PALM CANYON ISR 111)CALLE ROLPH 33' Direction:West Dark-No Street Li Clear Pty at fault:1
vehicle-Pedestrian Animal Pedestrian Violation 21954A Hit&Run:No Severe Injury 11 Inj:1 It Killed:0
Party Pedestrian South Entering Traffic Male Age:59
Veh Type: Sobriety:HNBD Assoc Factor: Not Stated
Party 2 Driver East Proceeding Straight Male Age-25
Veh Type: Sobriety:HN80 Assoc Factor: Lap Belt Used
EXHIBIT B5
EXHIBIT C
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Richard Martin
Vice President
Ranch Club Estates Neighborhood Organization
1920 E Rochelle Rd.
Palm Springs, Ca 92262
Denise Goolsby
Manager, Office of Neighborhoods
City of Palm Springs
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
April 10, 2017
Re: Neighborhood Sidewalks
Dear Denise,
Our neighborhood of 350 homes has been improving throughout the years. Individual
homeowners have taken pride in their homes and have improved the appearance
significantly.
On any one day, several neighbors can be seen walking their dogs or taking a stroll. Our
busiest streets seem to be Racquet Club, Farrell, and Cerritos.
Sidewalks would significantly improve the safety and appearance of our neighborhood.
All the neighbors that I have spoken to have all agreed that we would welcome any
assistance granted to construct sidewalks in our neighborhood. Please assist us in
obtaining a Grant for this endeavor.
Cordially, yam+
Richard Martin
EXHIBIT "D"
SUNGARD PENTAMATION - FUND ACCOUNTING MANAGER PAGE NUMBER: 3
DATE: 05/15/17 CITY OF PALM SPRINGS EXPSTAII
TIME: 08:40:07 EXPENDITURE STATUS REPORT
SELECTION CRITERIA: orgn.fund=1260'
ACCOUNTING PERIOD: 11/17
SORTED BY: FUND,FUNCTION,DEPARTMENT,IST SUBTOTAL,2ND SUBTOTAL,ACCOUNT
TOTALED ON: FUND,FUNCTION,DEPARTMENT,IST SUBTOTAL
PAGE BREAKS ON: FUND,FUNCTION,DEPARTMENT
FUND-260 MEASURE J CAPITAL FUND
FUNCTION-30 PUBLIC WORKS
DEPARTMENT-4494 COMM PROJ HOT SPOTS
1ST SUBTOTAL-5000 CAPITAL
PERIOD ENCUMBRANCES YEAR TO DATE AVAILABLE YTD/
ACCOUNT - - - - - TITLE - - - - - BUDGET EXPENDITURES OUTSTANDING EXP BALANCE BUD
58700 COMMUNITY ENHANCEMENTS 911,725.00 .00 14,220.00 .00 897,505.00 1.56
58701 COMM TRAFFIC STUDY/PROJ 53,849.27 .00 .00 53,849.27 .00 100.00
58702 COMMUNITY SIDEWALKS 941,011.78 184.88 43,882.47 110,196.71 786,932.60 16.37
TOTAL CAPITAL 1,906,586.05 184.88 58,102.47 164,045.98 1,684,437.60 11.65
TOTAL COMM PROJ HOT SPOTS 1,906,586.05 184.88 58,102.47 164,045.98 1,684,437.60 11.65
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
17336.00005\30172586.1
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\30172586.1
4
'1
ATTACHMENT 3
(SCOPE OF WORK)
SCOPE OF WORK:
Construct new 5-foot-wide sidewalk and ADA curb ramps along the "missing links" segments
on Racquet Club Road (from Sunrise Way to Farrell Drive) and Farrell Drive (from Racquet
Club Road to Vista Chino). Seven ADA access ramps (Type A) and two ADA access ramps
(Type B) will be constructed along with 13,000 SF of sidewalk and 9,420 SF of driveway
upgrades.
COUNTRY CLUB
3
RACQUET CLUB ROAD VERONA RD. 1
z
z
1 111 VWA CIWO EQW
FUNDING:
ARTICLE 3 LOCAL MATCH %* TOTAL PROJECT
AWARD COST
PROJECT TITLE:
Racquet Club Rd. & 500$277
Farrell Dr. Missing $277,500 50% $555,000
Links Sidewalks
*Local Match Source: Measure J Funds
If Total Project Cost is lower than anticipated, Article 3 will be reimbursed at 50% of Total
Project Cost.
Attachment 3
17336.00005\30172586.1
BREAKDOWN OF TOTAL PROJECT COST
Engineering and Administration (Admin. for local match only) $ 64,020
Construction $ 426,960
Other (Specify) (for local match only): Inspection/Administration $ 64,020
Total Project Cost $ 555,000
TIMETABLE: Provide at a minimum the beginning and ending dates for each phase of work
including major milestones within a phase.
Phase Start End Comments
Constructio❑ 10/2017 12/2017
Attachment 3
17336,00005\30172586.1
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\30172586.1
J
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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 SIDEWALK/BIKEWAY
PROJECT PURSUANT TO AGREEMENT DATED 2017; AND,
WHEREAS, THIS INVESTMENT OF PUBLIC FUNDS CAN BE FULLY REALIZED IF THIS
FACILITY IS MAINTAINED TO ADEQUATE OPERATING STANDARDS FOR USE BY COMMUTER AND
RECREATIONAL 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\30172586.1