2019/04/17 Riverside County Transportation ComissionAGREEMENT NO. I9-62-1II.OO
RIVERSIDE COUNTY TRANSPORTATION COMMTSSION
AGREEMENT FOR FUNDING UNDER SB 821 BICYCLE AND
PEDESTRIAN FACILITIES PROGRAM
(Transportation Development Act Article 3; Senate Bill 821)
This Funding Agreement C'AGREEMENT") is entered into as of _, 2019 ("Effective
Date"), by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION
("RCTC') and the City of Menifee ("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 Califomia
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.
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 project to
address pedestrian safety and connectivity along the Scott Road corridor and the Menifee
Road comidor in the city of Menifee ("PROJECT').
E. Funding for the PROJECT shall be provided pursuant to the terms contained in this
ACREEMENT and pursuant to applicable PROGRAM policies adopted by RCTC. which are
attached hereto and incorp orated 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:
l. lncornoration 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 Fundinq Amount. RCTC hereby agrees to distribute to the RECIPIENT, on the terms
and conditions set fo(h herein, a sum not to exceed One Llundred Eighty Thee Thousand
and Two Hundred and Sixty Three Dollars ($183,263), to be used exclusively for
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C. On February 4, 2019, a CALL FOR PROJECTS was published by RCTC seeking
applications for FY 2020 PROGRAM funding, which applications were reviewed in
accordance with the applicable evaluation criteria included in the CALL FOR PROJECTS.
reimbursing the RECIPIENT for eligible expenses as described herein ("FUNDING
AMOLINT'). RECIPIENT acknowledges and agrees rhat rhe FUNDING AMOTINT 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 FLINDING AMOLINT is not fully utitized by RECIPIENT
for the PROJECT, the unused FLINDING AMOLINT 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
FLINDING AMOLTNT will be used for a proposal to support the PROJECT or other use that
supports the goals and requirements of the PRoGRAM.
ble Proiect Costs.Reimbursement for PROJECT costs
('REIMBURSEMENT") may only include those items expressly allowed for under Article 3 of
the Transportation Development Act (Califomia 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 incorpo rated 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 Timins for Pro iect 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 lor 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 fotm C'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 camot be completed under the existing schedule for completion included as
Attachmenl 3 , attached hereto and incorporated herein. Before and after PROJECT photographs
must be included with the CLAIM FORM upon PROJECT completion, as well as copies of paid
invoices and any other backup requested for repayment and audit purposes.
2.1 Elisi
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2.3 lncreases in Proiect Fundine The FTNDING AMOLINT 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 FLrllDiNG
AMOIII{T balance and the RECIPIENT provides justification as to the reason for the funding
increase. Any such increase in the FUNDING AMOTINT 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 AMOLINT. No such increased funding shall be expended to pay for
any PROJECT work already completed.
2.4 Cost Savines. In the event that bids or proposals for the PROJECT are
lower than anticipated, or there are cost savings for any other reason, the FTINDING AMOUNT
shall be reduced through an amendment to the AGREEMENT mutualty agreed to in writing by
the Parties. RECIPIENT shall inform RCTC ofany cost savings and any cost savings sha[[ be
retumed 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 finat 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 pofiion of an invoiced amount, the Parties shall meet and confer in an
attempt to resolve the dispute. Additional details conceming the procedure for the
RECIPIENT's submittal of invoices to RCTC and RCTC's consideration and payment of
submitted invoices are set lorth in Attachment 4.
P pnin of)h Com lete the Work In the event that2.7 ient's Fundin
the PROGRAM funds allocated to the SCOPE OF WORK represent less than the total cost of the
PROJECT, RECIPIENT shall be solely responsible lor 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 contl'actors relating to the condemnation of property undertaken by
RECIPIENT or construction related to the PROJECT.
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2.8 Recipient's Oblisation to ay Prosram 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 appticable. 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 lails 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 Retenti and Audits. RECIPIENT shall retain all PROJECTl1
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 PROJECI' 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. Reci ient's Local Contribution. RECIPIENT shall provide at least One Hundred
Eighty-Three Thor.rsand and Two Llundred and Sixty-Three Dollars ($ I 83,263) of funding
toward the SCOPE OF WORK, as indicated in RECIPIENT'S application attached as
Attachment I 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 bome 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 shatl 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 shalt remain in effect following the termination
of this AGREEMENT.
5. Recinient Rcsponsibilities. RECIPIENT shall be res ponsible 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
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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 ofaction, 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, erors or omissions of the RECIPIENT, its officials, offrcers, 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 ol
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 Agreemenl. Nothing in this
AGREEMENT shall be construed to prevent or preclude RECIPIENT from expending funds
on the PROJECT prior to tl.re execution of this AGREEMENT, or from being reimbursed by
RCTC for such expenditures. However, RECIPIENT understands and ackaowledges 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. Comr:liance with App licable 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 ofthe PROJECT and RCTC shall be named as an
Additional Insured on all insurance certificates obtained for the completion ofthe PROJECT.
PROJECT insurance funds shall be looked to first for the repayment of any claims
determined to have merit.
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9. Reoresentatives of the Parti es.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. u4der this AGREEMENT. RECIPIENT hereby designates
Ilmi(re's erV\:ya:prgraltitle), or his or her designee, as RECIpIENT,S representative to
RCTC. RECIPIENT'S representative shall have the ar"rthority to act on behalf of
RECIPIENT for all purposes under this AGREEMENT and shall coordinate all activities
with RCTC conceming the SCOPE OF WORK under the RECIPIENT's responsibility.
RECIPIENT shall work closely and cooperate fully with RCTC's representative and any
other agencies which may have jurisdiction over or an interest in the PROJECT.
10. Monitorine of Prosress bv RCTC. RECIPIENT shall allow RCTC's des ignated
representative, or designee, to inspect or review the progress ol the work at any reasonable
time with prior written notice by RCTC. RCTC may request that the RECIPIENT provide
RCTC with progress reports conceming the status of the SCOPE OF WORK and PROJECT
completion.
I 1 . Bindins, on Successors in Interest. Each and every provision of this AGREEMENT shall be
binding and inue 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 ofthe other Party.
12. lndependent 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 thc 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 benefi t arising therefrom.
14. Termination. This AGREEMENT may be terminated for cause or convenience as further
specified below.
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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14. 1 Termination for Convenience. Either RCTC or RECIPIENT may, by
written notice to the other pafiy, teminate this AGREEMENT, in whole or in part, for
convenience by giving thifty (30) days' written notice to the other party of such termination and
specifying the effective date thereof.
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 nonteminating 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 specifring 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 '|errnination 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 olall 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 tunds provided to RECIPIENT under this AGREEMENT. Notwirhstanding
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 ofthe amounts due it under this Section 13.4.
14.5 No Prosram Fundin g. 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 RXCIPIENT regarding the SCOPE OF WORK for the
PROJECT at the time ol 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 fiom 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 ellective upon receipt by the
other Party. All notices and communications, including invoices, between the Parlies 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 RCTC:TO RECIPIF],NT:
Anne Mayer
Executive Director
RCTC
4080 Lemon Street, 3rd Floor
fu verside, Califomia 9250 1
Phone: (951) 787-7141
Armando G. Vitla
City Manager
City of Menifee
29844 Haun Road
Menifee, CA 92586
Phone: (951) 672-6777
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 Waees. RECIPIENT and any other person or entity hired to perform seryices on
the SCOPE OF WORK are alerted to the requirements of Califomia Labor Code Sections
1770 et;99., 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 perfonn the SCOPE OF WORK or any portion thereof falling within the
definition of "public work." RECIPIENT shatl defend, indemnify, and hold harmless RCTC,
its officers, employees, consultants, and agents from any claim or liability, including without
Iimitation reasonable attorneys' fees, arising from any failure or alleged failure to comply
with Califomia Labor Code Sections 1770 et s_94. on the PROJECT.
18. Entire Asreement. This AGREEMENT embodies the entire understanding and agreement
between the Parlies 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 ofthe 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 ofthe Parties to be bound.
19. Govemins Law and Severability This AGREEMENT shall be govemed by, and be
construed in accordance with, the laws of the State of Califomia. If any po(ion of this
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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.
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. Attornevs' 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 attomeys' fees, witness fees and other costs
incun'ed 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 altemative 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 Fleadinss and Intercretation.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.
25. Counterparts. This AGREEMENT may be executed in any number of counterpa(s, each of
which shall be deemed to be an original, but all which together will constitute but one
agreement. Facsimile copies ofsignatures shall be treated as originals.
ISIGNATURES ON NEXT PAGEI
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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 [aw.
24. Time of Essence. Time is of the essence for each and every provision of this AGREEMENT.
ATTACHMENT I
(RECIPIENT APPLICATION FOR FLTNDING)
r7336.00005\r2208r r s.r
Attachment 1
FY19/20 SB 821 Bicycle and pedestrian Facilities program
BIENNIAL CALL FOR PROJECTS APPTICATION
I. APPLICANT INFORMATION
Citv of M en ifee
,o 844 Haun Road Menifee. CA 92586
Lead Agency:
Address:
Contact Person:
Telephone #:
Email Address:
Project Name:
Ca rlos E. Geronimo PE Title:
Fax #:
Senior Civil E nsin eer
(8s1) 67 9-3843
cqeron imo@citvofm enifee. us
Scott Road/Menifee Road Sidewalk
II. PROJECT DETAILS
Project type:
E Bicycle Project E pedestrian pro.iect
Project located within a disadvantaged community?
Dves ENo n partial
Project location:
I Coachella Valley I Western Riverside County
Does this proiect proposal include any ofthe following (check all that apply):
I Curb I Gutter I Driveway ramps
lf any of the above were checked, is the benefit provided for the exclusive use of bicyclists/pedestrians?
ENo EYes
III. PROJECT DESCRIPTION
The pro.iect will address pedestrian safety and connectivity along the Scott Road corridor and the Menifee
Road corridor in the city of Menifee. This project would involve constructing 1,200 feet of sidewalk along
the south side of Scott Road between Bellamy Lane and Menifee Road, and 2,500 feet of sidewalk on the
west side of Menifee Road from Scott Road. The total length of the project is 2,700 feet. The project would
address a sidewalk gap between existing sidewalks provided on the south side of scott Road from just east
of the l-215 interchange to Bellamy Lane, and from Menifee Road to Lindenberger Road and between
Menifee Road and Lindenberger Road. The project addresses a sidewalk gap on Menifee Road from scott
Road to connect with existing sidewalk located 3OO feet south of Tulita Lane located at the city limit. By
closing these gaps in the sidewalk system, pedestrian connectivity will be enhanced both along scott Road
and between neighborhoods located adjacent to Menifee Road to existing destinations and to the
proposed school to be located on the north side of Scott Road_
lgsll723-3722
FYl9lzO SB 821 Bicycle and pedestrian Facilities program
BIENNIAL CAIL FOR PROJECTS APPTICATION
Sidewalk Gap Scott Road
Sidewalk Gap Menifee Road
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The project location is shown in Figure 1.
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BIENNIAT CALL FOR PRO.,ECTS APPLICATION
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IV. DESTINATIONSSERVED
The project will improve pedestrian access to manyofthe activity centers that residents travelto. Existing
activlty centers include multiple neighborhoods and subdivisions located along scott Road and Menifee Road.
They also include a church, and a retail development located to the east of the l-215 interchange. This retail
development includes restaurants, quick stop markets, a walgreens and an Albertsons grocery-store. other
destinations include a preschool and floral shop.
Menifee is experiencing growth in population, commercial development and in support services such as
schools. The population of Menifee has growth from 77,500 in 2010 to 8G,820 in 2017, a growth of 12 percent
This growth is continuing. A major development plan has been submitted for a large area on the north side ofscott Road between Antelope Road and Bellamy Lane. This development will include new residences and anew school. The project will provide a pedestrian connection between nearby neighborhoods and theproposed school.
Destinations include the following and are also identified in Figure 2.
1) Antelope 5q uare
2) Heritage Marketplace
3) Burns Ranch
4) Wedgewood Weddings
5) Revival Christian Fellowship
6) Woodbine Park
7) Mapleton Park
8) Oak Meadows Elementary School
9) Future residential development and school
The Scott Roadlnterstate 215 interchange is being reconstructed. This project will improve pedestrian
connectivity between both sides of the freeway. With this project commercial activity around the
interchange is expected to significantly increase in the near future. Improved bicycle and pedestrian
connectivity along scott Road will be supportive of this increased commercial activity.
FYtglzO SB 821 Bicycle and pedestrian Facilities program
BIENNIAT CALL FOR PROJECTS APPLICATION
Figure 2
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BIENNIAL CALL FOR PROJECTS APPTICATION
V. SAFETY
The proposed project will increase safety for the non-motorized public. There are no existing/planned
sidewalks within the project limits. The photo below illustrates the sidewalk gap resulting in; pedestrian safety
hazard for this section of scott Road and Menifee Road. scott Road is posted at a ss m.p.tr. speed limit.
Menifee Road is posted at a 45 m.p.h. speed limit. Shown below is a photo illustrating the sidewalk gap andsafety issues related to pedestrian travel along the scott Road corridor. The second photo below shJws the
sidewalk gap along Menifee Road.
Scott Road looking east
Menifee Road looking north to the intersection of Scott Road
The collision experience over the last five years (2014-18) on scott Road between Bellamy Lane and Menifee
Road includes five vehicle collisions. Ihere were no collisions involving pedestrians or bicyclists during thisperiod There were no collisions on the section of Menifee Road over the last five years. While current data
does not indicate a safety issues, a potential issue remains. Without a sidewalk on Menifee Road, residents
living adiacent to west side Menifee Road, pedestrian travel would require crossing Menifee Road, walking
along sidewalk located on the east side and then crossing back to the west side at scott Road. These crossings
are being made outside a designated crosswalk, which is a potential safety issue.
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FYL9|2O SB 821 Bicycle and pedestrian Facilities program
BIENNIAT CALT FOR PROJECTS APPLTCATION
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Collisions on Scott and Menifee Road (2014-18)
VI. PROJECT ENHANCEMENT
The project includes enhancements that would encourage people to use the facility. This sidewalk proiect
addresses two missing links, one on Scott Road and the second on Menifee Road. The project includes
providing ADA ramps at intersections and at driveways.
VII. MUTTIMODATACCESS
By helping to improve the safety conditions for pedestrians in school zones, these crosswalk improvements will
enable greater modal flexibility for students. Parents may feel more willing to allow their children to walk,
skate, or bike to school along routes that cross major streets. lt also helps the accessibility to transit stops and
promote multimodal connectivity. Transit is provided by the Riverside Transit Authority. Route 61 operates on
Scott Road and Menifee Road. No formal transit stops are present on the sections of roadways in the study
area. Formal stops are located at Antelope Road.
Transit stops within a % mile r include the following and are shown on Figure 3.
l) Antelope FS Heritage Market pl. (Entrance) Stop2) Antelope NS Antelope Square (Entrance) Stop
Legend
F Transit Stop
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FY19/20 SB 821 Bicycle and pedestrian Facilities program
BIENNlAt CALI FOR PROJECTS APPLICAT!ON
VIII. PROJECT BUDGET AND SCHEDUI.E
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:
SB 821 Funds Requested:
s 355,5 26 (Loo%l
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*Supporting documentation of proposed match must be included.
Breakdown of Estimated proiect cost (must add up to ,,Total Estimated project cost,, above):
Engineering/Administration
Right-of-Way
Construction
Other (specify):_
Estimated project start date (Mo/yr):
Estimated project end date (Mo/yr):
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Please provide a complete list of projects your agency is submitting for this yea/s sB 821 call for
Proiects, includins this application . tt is highly recommended for agencies to creote one comprehensive
summory tdble ond provide the toble for every opplicotion.
Project Name Total
Estimated
Project Cost
Local
Match S
Local
Match
SB 821 Funds
Requested S
sB 821
Funds
Requested
1 cott Road/Menifee Road
idewalk
s366,s2s s 183,263 50%s 183,2 63 50%
2 Paloma Wash Trail
m t ments
s999,s30 s499,76s s0%s499,7 65 50%
4
lX. Summary of All Proiects Submitted for SB 821 Funding Consideration
FY19/20 SB 821 Bicycle and pedestrian Facilities pro8ram
BIENNIAT CALL FOR PROJECTS APPTICATION
IIX. CERTIFICATION
I certify that the information presented herein is comprete and accurate and, if this agency
receives funding, it wilr be used sorely for the purposes stated in this application and folrowing
the adopted policies.
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Scott Road/Menifee Road Sidewatk ca! Ctosure
ITEM No DESCRIPTION UNIT
ESTIMATED
QUANTITY
UNI] PRICE
EXTENDED ITEM
AMOUNT
1 Dernobilization L5 1 000.00s 00 00S1
2 L5 1 8,000.00 S 8,ooo.oo
3 BMP!L5 I 000.00s s 00
and Grub (vegetation removat, sign
LS s 8,000.00 s 8,000.00
5 Grading (Export and subsrade preparation)CY 250 45.00 $ 11,700.00
6 8.00s $ 12,000.00
1 Sawcut Existi 7lO 1.80s 69E.00$
a 5F 1,470 8.00 S 11,360.00
9 710 15.005 50.00$1
10 Type 8 Curb and Gutter LF 710 35.00s 50.00I
11 Undersidewalk drain inlet L5 1 2,500.00 2,500.00
12 4" thick PCC sidewalk 5F 19 940 6.505 10 00S 129
13 SF 7 5 5,ooo-oo S 3s,ooo.oo
14 5F 660 12.00 7,970.00
15 S" lhick AC TON 70 145.005 150.00I
Field Orders L5 1 12,000.00 5 12,ooo.oo
SUBTOTAL
20% Contingency
TOTAI
305,438.00
61,087.60
355,525.60
$
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8775 Ha',l Rd . M6dlo€. CA 92586 | (951i672.18s1 0.9
Superlntend€nt
SteYe Kennedy, Ed. D
Re: TDA Article 3 (SB 82t) Bicycte and pedestrian Facilities program
To Whom It May Concern:
As the Superintendent of Menifee Union school District, I would like to express the District's
support of the city of Menifee application for the TDA Arlicle 3 grant to fund the scott
Road/Menifee Road Sidewalk Gap closure project. we understaid that the proposed projectwill enhance the accessibility and safety ofresidents walking to ano fro* nearby.r,oppini
centers, religious centers, and future schools planned in the vicinity ofthe project.
Community manbers have expressed their concem about the lack ofpedestrian infrastructure
and other hazards that they encounter as they walk or ride their bicycles to their destinations
along this busy route. The project willeliminate two major sidewalk gaps in the sidewalk system
that will improve pedestrian safety and provide access to persons witfi disabilities. on behaifor
Menifee Union School District, I fully support the efforts of the city of Menifee in seeking
funding fiom the TDA Article 3 grant.
April 19,2019
Riverside County Transportation Commission
4080 lrrnon Street, 3d floor
Riverside, C A 92 502-2208
Sincerely,
. Steve K v
Superintendent
Menifee Union School District
Union School District
MENIFEE
New. Better: Best.
April23,2019
Riverside County Transportation Commission
4080 Lemon Street, 3rd floor
Riverside, CA 92502-2208
Armando G. Villa
City Manager
City of Menifee
29844 Haun Road Menifee, CA 92596
951-672-6777 Fax951-679-3843
cityofmenifee.us
Re; TDAArticle 3 (SB 821l Bicycle and Pedestrian Facilities Program - Scott Road-Menifee RoadSidewalk Gap Improvement
To whom it may concern:
As city Manager, I would like to express my support of the city of Menifee apptication for the TDAArticle 3 grant to fund the scott Road/Menifee Road Sidewalk 6ap closure pioject. we understandthat the proposed project will enhance the accessibility and safety of residents'waiking io and fromnearby shopping centers, religious centers, and future schools planned in the vicinity &ine prolect.
Communit5r members have expressed their concern about the [ack of pedestrian infrastructure andother hazards that they encounter as they walk or ride their bicycles tt their destinations along thisbusy route. The project will eliminate two maior sidewalk gais in the sidewalk Gem that willimprove pedestrian safety and provide access to persons with disabilities.
Sincerely,
Greg August
Mayor Pro Tem
District 1
Matt Liesemeyer
Councilmember
District 2
Bill Zimmerman
Mayor
Lesa A, Sobek
Councilmember
Dislrict 3
Dean Deines
Councilmember
Oistrict 4
Armando G- Villa
City Manager
ATTA ENT 2
(PROGRAM POLICIES)
zuVERSIDE COUNTY TRANSPORTATION COMMIS SION
TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 BICYCLE
AND PEDESTzuAN FACILITIES PROGRAM ADOPTED POLICIES
Transportation Devqlppment Act Policies
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.
Article 3 money shall be allocated for the construction, including related engineering
expenses, of the facilities, or for bicycle safety education programs.
Money may be allocated for the maintenance of bicycling trails, which are closed to
motorized traffic.
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 conidors, secure bicycle parking at employment centers, park and ride lots,
and hansit terminals where other funds are available.
Within 30 days after receiving a request for a review from any city or county, the
transportation-planning agency shall review its allocations.
Up to 20 percent ofthe amount available each year to a city or county may be allocated to
restripe Class II bicycle lanes.
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.
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 ofthe first
Monday of every other February and a close date of the Iast Thursday of every other
April. beginning in 201 5.
2. If a project cannot be fulty 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
Page 1
2
J
4
5
6
7
8
r7336 00005\32208 r r s. r
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 ofproject selection and approval.
6. The Commission exDects all oroiects to be ready for constructioni therefore. an agency
will have twenty-four (24) months from the time olthe all ocation to complete lhe nroiect.
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 ofthe 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.
1 i. 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). Ifthe allocation is often found
to be inequitable to the Coachella Valley, staff will recommend adoption of a new policy
to conect 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, ddveway 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
Page 2
r7336.00005\32208 r l 5.1
ATTACHMENT 3
(scoPE oF woRK)
SCOPE OF WORK:
FUNDING:
*Local Match Source: City Funds
If Total Project Cost is lower than anticipated, Article 3 will be reimbursed at 50% of Total
Project Cost.
TIMETABLE: Provide at a minimum the beginning and ending dates for each phase of work
including major milestones within a phase.
Phase End
Engineering 9fi120t9 51112020
Right of Way N/A N/A
Construction 7115/2020 8130/2020
ARTICLE 3
AWARD
LOCAL MATCH o/o+TOTAL PROJECT
COST
PROJECT TITLE:
Scott Road/Ir4enifee
Road Sidewalk
$ 183,263 $ r 83,263 s366,s26
BREAKDOWN OF TOTAL PROJECT COST
Engineering/Administration $61,088
Construction $305,438
Total Project Cost $366,s26
I 733 6.00005\322081 I i.l
Attachment 3
The project will address pedestrian safety and connectivity along the Scott Road corridor and the
Menifee Road corridor in the city of Menifee. This project would involve constructing i,200 feet
of sidewalk along the south side olScott Road between Bellamy Lane and Menifee Road, and
2,500 feet of sidewalk on the west side of Menifee Road from Scott Road. The total length of the
project is 2,'7 00 feet. The project would address a sidewalk gap between existing sidewalks
provided on the south side of Scott Road from just east ofthe I-215 interchange to Bellamy
Lane, and from Menifee Road to Lindenberger Road and between Menifee Road and
Lindenberger Road. The project addresses a sidewalk gap on Menifee Road from Scott
Road to connect with existing sidewalk located 300 feet south of Tulita Lane located at the city
limit. By closing these gaps in the sidewalk system, pedestrian connectivity will be enhanced
both along Scott Road and between neighborhoods located adjacent to Menifee Road to existing
destinations and to the proposed school to be located on the north side ofScott Road.
I
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ATTACHMENT 4
(PAYMENT CLAIM FORM)
TDA ARTICLE 3 BICYCLE AND PEDESTRIAN FACILITIES
NON.TRANSIT CLAIM FORM
Fy 2O79/2O
CIAII\,4ANT:COU NTY: RIVERSIDE
ADDRESS
CONTACT PERSON rITtE
TE LE PHON E NO
lverify that the information on this Claim Form is true and accurate to the best of my knowledge
Signed:
PROJ ECT NAME
START DATE (Mo/Yr)
COMPLETED DATE (Mo/Yr
TDA ARTICLE 3 REVENUES AND EXPENSES OF CLAIMANT
Total Project Cost:
Local Match Spent:
SB 821 Funds Spent:
Breakdown of Total Project Cost:
Administration (for local match only):
Engineering:
Right-of-Way (for local match only):
s (100%)
(Enter %)
(Enter %)
s
s
s
5
s
Construction: (lnclude final billinB and back up for Construction
Contract documentation)s
Other: (Specify ) (for local match only)5
Total Claim (must add up to "Total Project Cost" above) : S
r7336 00005\32208 r 15.1
Attach me nt 4
Date:
s
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 2019; 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 ASSU RES THAT THIS
FACILITY WILL BE MAINIAINED 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\122081 l5 I
Attachment 4