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2022/03/22 Riverside County Transportation Commission Riverside County Transportation Commission (RCTC)17336.00005\34822293.1 Page 1 of 10 AGREEMENT No. 22-62-062-00 RIVERSIDE COUNTY TRANSPORTATION COMMISSION AGREEMENT FOR FUNDING UNDER SB 821 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM (Transportation Development Act Article 3; Senate Bill 821) This Funding Agreement (“AGREEMENT”) is entered into as of ________________, 2022 (“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 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 1st, 2021, a CALL FOR PROJECTS was published by RCTC seeking applications for FY 2021/22 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 Bell Mountain Middle School (“PROJECT”). E. Funding for the PROJECT shall be provided pursuant to the terms contained in this AGREEMENT and pursuant to applicable PROGRAM policies adopted by RCTC, which are attached hereto and incorporated herein as Attachment 2. NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants and consideration contained herein, the Parties mutually agree as follows: 1. Incorporation of Recitals. The Parties acknowledge and agree that the above recitals are true and correct, and hereby incorporate those recitals by this reference into the AGREEMENT. 2. RCTC Funding Amount. RCTC hereby agrees to distribute to the RECIPIENT, on the terms and conditions set forth herein, a sum not to exceed Two Hundred Twenty-Three Thousand One Hundred Five Dollars ($223,105), to be used exclusively for reimbursing the RECIPIENT for eligible expenses as described herein (“FUNDING AMOUNT”). March 24 17336.00005\34822293.1 Page 2 of 10 RECIPIENT acknowledges and agrees that the FUNDING AMOUNT may be less than the actual and final cost of the PROJECT, which final costs are the sole responsibility of RECIPIENT, and RCTC will not contribute PROGRAM funds in excess of the maximum authorized in this Section 2 unless otherwise mutually agreed to in writing by the PARTIES. In the event the FUNDING AMOUNT is not fully utilized by RECIPIENT for the PROJECT, the unused FUNDING AMOUNT must be returned to RCTC within ninety (90) ninety days of a written request by RCTC unless RECIPIENT can demonstrate in writing, subject to written approval by RCTC in its sole discretion, the following: (i) valid reason for why PROJECT costs were significantly lower than the estimate included in RECIPIENT’s attached application for funding, and (ii) written proposal for how any unused FUNDING AMOUNT will be used for a proposal to support the PROJECT or other use that supports the goals and requirements of the PROGRAM. 2.1 Eligible Project Costs. Reimbursement for PROJECT costs (“REIMBURSEMENT”) may only include those items expressly allowed for under Article 3 of the Transportation Development Act (California Public Utilities Code section 99200 et seq.), which provides that funding shall be allocated for the construction, including related engineering expenses, of facilities based on the PROGRAM policies adopted by RCTC, provided that such items are included in the scope of work included in the application, attached as Attachment 1 (“SCOPE OF WORK”). All PROJECT costs not included in the SCOPE OF WORK and not expressly permitted under Article 3 of the Transportation Development Act and the PROGRAM policies shall be considered ineligible for REIMBURSEMENT. In the event the SCOPE OF WORK needs to be amended, RECIPIENT shall submit a letter requesting such amendment, the reasons for the requested change and confirmation that costs associated with the proposed amendment are eligible for PROGRAM reimbursement for written approval by RCTC, which approval is subject to RCTC’s discretion. In the event of any ambiguity between this AGREEMENT, PROGRAM policies, and applicable law, the following order of precedence will govern: (1) Applicable law; (2) PROGRAM policies; (3) this AGREEMENT. In the case of any conflict between this Agreement and any of its attachments, the body of this Agreement shall govern. 2.2 Timing for Project Completion. In accordance with the PROGRAM policies attached hereto as Attachment 2, RECIPIENT has thirty six (36) months to complete the PROJECT from March 1, 2022, unless otherwise agreed to in writing by the PARTIES. If the PROJECT is not completed within 36 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 3. In the event additional time is needed for the completion of the PROJECT, RECIPIENT may submit a letter to RCTC requesting an extension of time to complete the PROJECT with an explanation of why the PROJECT cannot be completed under the existing schedule for completion included as Attachment 1, attached hereto and incorporated herein. Before and after PROJECT photographs must be included with the CLAIM FORM upon PROJECT completion, as well as copies of paid invoices and any other backup requested for repayment and audit purposes. DocuSign Envelope ID: 10B1E664-5EE5-48E0-85BB-7F2E5A75B792 17336.00005\34822293.1 Page 3 of 10 2.3 Increases in Project Funding. The FUNDING AMOUNT may, at RCTC’s sole discretion, be augmented with additional PROGRAM funds and local agency match funds proportionate to the amounts included in Section 3 if there is a FUNDING AMOUNT balance and the RECIPIENT provides justification as to the reason for the funding increase. Any such increase in the FUNDING AMOUNT must be approved in writing by RCTC’s Executive Director and RCTC shall be under no obligation whatsoever to approve any increase in the FUNDING AMOUNT. No such increased funding shall be expended to pay for any PROJECT work already completed. 2.4 Cost Savings. In the event that bids or proposals for the PROJECT are lower than anticipated, or there are cost savings for any other reason, the FUNDING AMOUNT shall be reduced through an amendment to the AGREEMENT mutually agreed to in writing by the Parties. RECIPIENT shall inform RCTC of any cost savings and any cost savings shall be returned to RCTC or may be reprogrammed with written approval by RCTC for other RECIPIENT projects that align with the PROGRAM. No PROGRAM funding may be used for projects not approved by RCTC. If RECIPIENT provides a local match commitment and there are cost savings on the PROJECT, RCTC will still be reimbursed at the matching ratio as presented in the Project application despite such cost savings in accordance with PROGRAM policies. 2.5 No Funding for Temporary Improvements. Only segments or components of the PROJECT that are intended to form part of or be integrated into the PROJECT may be funded by PROGRAM funds. No improvement(s) which is/are temporary in nature, including but not limited to temporary lanes, curbs, or drainage facilities, shall be funded with PROGRAM funds except as needed for staged construction of the PROJECT. 2.6 Review and Reimbursement by RCTC. Upon receipt of the final detailed invoice from the RECIPIENT clearly documenting work completed and corresponding costs, RCTC may request additional documentation or explanation of the SCOPE OF WORK costs for which reimbursement is sought. Undisputed amounts shall be paid by RCTC to the RECIPIENT within thirty (30) days. In the event that RCTC disputes the eligibility of the RECIPIENT for reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an attempt to resolve the dispute. Additional details concerning the procedure for the RECIPIENT’s submittal of invoices to RCTC and RCTC’s consideration and payment of submitted invoices are set forth in Attachment 3. 2.7 Recipient’s Funding Obligation to Complete the Work. In the event that the PROGRAM funds allocated to the SCOPE OF WORK represent less than the total cost of the PROJECT, RECIPIENT shall be solely responsible for providing such additional funds as may be required to complete the PROJECT. RCTC has no obligation with respect to the safety of any SCOPE OF WORK performed at a PROJECT site. Further, RCTC shall not be liable for any action of RECIPIENT or its contractors relating to the condemnation of property undertaken by RECIPIENT or construction related to the PROJECT. DocuSign Envelope ID: 10B1E664-5EE5-48E0-85BB-7F2E5A75B792 17336.00005\34822293.1 Page 4 of 10 2.8 Recipient’s Obligation to Repay Program Funds to RCTC. In the event it is determined, whether through a post-completion audit or otherwise, the PROJECT was not completed in accordance with the PROGRAM requirements or this AGREEMENT, RECIPIENT agrees that any PROGRAM funds distributed to RECIPIENT for the PROJECT shall be repaid in full to RCTC. The Parties shall enter into good faith negotiations to establish a reasonable repayment schedule and repayment mechanism which may include, but is not limited to, withholding of Measure A Local Streets and Roads revenues, if applicable. RECIPIENT acknowledges and agrees that RCTC shall have the right to withhold any Measure A Local Streets and Roads revenues due to RECIPIENT, in an amount not to exceed the total of the PROGRAM funds distributed to RECIPIENT, and/or initiate legal action to compel repayment, if the RECIPIENT fails to repay RCTC within a reasonable time period not to exceed one hundred eighty (180) days, including any good faith negotiations, from receipt of written notification from RCTC that repayment is required due to failure to comply with the PROGRAM policies or this AGREEMENT. 2.9 Records Retention and Audits. RECIPIENT shall retain all PROJECT records in an organized manner for a minimum of three (3) years following completion of the PROJECT. PROJECT records shall be made available for inspection by RCTC upon request. If a post PROJECT audit or review indicates that RCTC has provided reimbursement to the RECIPIENT in an amount in excess of the maximum PROGRAM provided for in this Section 2, or has provided reimbursement of ineligible PROJECT costs, the RECIPIENT shall reimburse RCTC for the excess or ineligible payments within thirty (30) days of notification by RCTC. This Section 2.9 does not supersede any rights or remedies provided to RCTC under Section 2.8 or applicable law. 3. Recipient’s Local Match Contribution. RECIPIENT shall provide at least Two Hundred Twenty-Three Thousand One Hundred Five Dollars ($223,105) of funding toward the SCOPE OF WORK, as indicated in RECIPIENT’S application attached as Attachment 1 and submitted to RCTC in response to its CALL FOR PROJECTS. RECIPIENT costs related to (i) preparation and administration costs related to invoices, billings and payments; (ii) any RECIPIENT fees attributed to the processing of the SCOPE OF WORK; and (iii) expenses for items not included within the attached SCOPE OF WORK shall be borne solely by the RECIPIENT and shall not qualify towards RECIPIENT’s local match requirement in this Section 3. 4. Term: The term of this AGREEMENT shall be from the date first herein above written until: (i) the date RCTC formally accepts the PROJECT as complete, pursuant to Section 2.2; (ii) termination of this AGREEMENT pursuant to Section 14; or (iii) RECIPIENT has fully satisfied its obligations under this AGREEMENT. All applicable indemnification and insurance provisions of this AGREEMENT shall remain in effect following the termination of this AGREEMENT. 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 DocuSign Envelope ID: 10B1E664-5EE5-48E0-85BB-7F2E5A75B792 17336.00005\34822293.1 Page 5 of 10 environmental clearances; right of way acquisition; and, obtaining all permits required by impacted agencies prior to commencement of the PROJECT; (ii) all aspects of procurement, contracting, and administration of the contracts and claims for the PROJECT; (iii) all construction management of any construction activities undertaken in connection with the PROJECT, including surveying and materials testing; and, (iv) development of a budget for the PROJECT and SCOPE OF WORK prior to award of any contract for the PROJECT, taking into consideration available funding, including PROGRAM funds. 6. Indemnification. RECIPIENT shall defend, indemnify and hold RCTC, its officials, governing board members, officers, employees, agents, and consultants free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property, persons or government funding agency, including wrongful death, to the extent arising out of or incident to any intentional or negligent acts, errors or omissions of the RECIPIENT, its officials, officers, employees, agents, and consultants related to a breach of this AGREEMENT or any act or omission arising out of the activities governed by this AGREEMENT. RECIPIENT’S obligation to indemnify includes without limitation the payment of all consequential damages and reasonable attorneys’ fees, expert witness fees and other related costs and expenses of defense. RECIPIENT shall defend, at its own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against RCTC, its officials, officers, employees, agents, and consultants in connection with this AGREEMENT. RECIPIENT shall pay and satisfy any judgment, award or decree that may be rendered against RCTC, its officials, officers, employees, agents, and consultants in any such suits, actions or other legal proceedings, including any settlement. RECIPIENT’s obligation to indemnify shall not be restricted to insurance proceeds. 7. Expenditure of Funds by Recipient Prior to Execution of Agreement. RECIPIENT may commence the Project starting March 1, 2022, and costs incurred following such date will be eligible for reimbursement under this AGREEMENT, provided they otherwise meet the requirements herein, and provided that this AGREEMENT is executed no later than June 1, 2022. 8. Compliance with Applicable Laws and Insurance. RECIPIENT agrees to comply with all applicable laws and regulations, including public contracting laws, requirements for any local state or federal funding used, and records retention and performance reporting requirements concerning the SCOPE OF WORK and PROJECT, which applicable laws and regulations shall be passed on to contractors by RECIPIENT as applicable. RECIPIENT shall have the responsibility of making sure the appropriate amounts of insurance are included in all applicable agreements for the construction of the PROJECT and RCTC shall be named as an Additional Insured on all insurance certificates obtained for the completion of the PROJECT. PROJECT insurance funds shall be looked to first for the repayment of any claims determined to have merit. 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’s representative shall be the individual DocuSign Envelope ID: 10B1E664-5EE5-48E0-85BB-7F2E5A75B792 17336.00005\34822293.1 Page 6 of 10 identified in the Project application as RECIPIENT’S representative to RCTC. RECIPIENT’S representative, or designee, shall have the authority to act on behalf of RECIPIENT for all purposes under this AGREEMENT and shall coordinate all activities with RCTC concerning the SCOPE OF WORK under the RECIPIENT’s responsibility. RECIPIENT shall work closely and cooperate fully with RCTC’s representative and any other agencies which may have jurisdiction over or an interest in the PROJECT. 10. 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 one hundred eighty (180) days, repay to RCTC in full all PROGRAM funds provided to RECIPIENT under this AGREEMENT. In the event that RCTC terminates this AGREEMENT for convenience, RCTC shall, within ninety (90) days, distribute to the RECIPIENT PROGRAM funds in an amount DocuSign Envelope ID: 10B1E664-5EE5-48E0-85BB-7F2E5A75B792 17336.00005\34822293.1 Page 7 of 10 equal to the aggregate total of all unpaid invoices which have been received from RECIPIENT regarding the SCOPE OF WORK for the PROJECT at the time of the notice of termination; provided, however, that RCTC shall be entitled to exercise its rights under Section 2.6, including but not limited to conducting a review of the invoices and requesting additional information from RECIPIENT. This AGREEMENT shall terminate upon receipt by the non-terminating party of the amounts due it under this Section 14. 14.3 Termination for Cause. Either RCTC or RECIPIENT may, by written notice to the other party, terminate this AGREEMENT, in whole or in part, in response to a material breach hereof by the other Party, by giving written notice to the other Party of such termination and specifying the effective date thereof. The written notice shall provide a thirty (30) day period to cure any alleged breach. During the thirty (30) day cure period, the Parties shall discuss, in good faith, the manner in which the breach can be cured. 14.4 Effect of Termination for Cause. In the event that RECIPIENT terminates this AGREEMENT in response to RCTC's uncured material breach hereof, RCTC shall, within ninety (90) days, distribute to the RECIPIENT PROGRAM funds in an amount equal to the aggregate total of all unpaid invoices which have been received from RECIPIENT regarding the SCOPE OF WORK for the PROJECT at the time of the notice of termination. In the event that RCTC terminates this AGREEMENT in response to the RECIPIENT's uncured material breach hereof, the RECIPIENT shall, within one hundred eighty (180) days, repay to RCTC in full all PROGRAM funds provided to RECIPIENT under this AGREEMENT. Notwithstanding termination of this AGREEMENT by RCTC pursuant to this Section 14.4, RCTC shall be entitled to exercise its rights under Section 2.6, including but not limited to conducting a review of the invoices and requesting additional information. This AGREEMENT shall terminate upon receipt by the terminating Party of the amounts due it under this Section 14.4. 14.5 No Program Funding. In the event that RCTC determines there are inadequate PROGRAM funds for whatever reason, RCTC shall have the ability to immediately terminate the AGREEMENT with written notice to RECIPIENT. In the event that RCTC terminates this AGREEMENT under this Section 14.5, RCTC shall, within ninety (90) days, distribute to the RECIPIENT PROGRAM funds in an amount equal to the aggregate total of all unpaid invoices which have been received from RECIPIENT regarding the SCOPE OF WORK for the PROJECT at the time of the notice of termination; provided, however, that RCTC shall be entitled to exercise its rights under Section 2.6, including but not limited to conducting a review of the invoices and requesting additional information from RECIPIENT. 14.6 Cumulative Remedies. The rights and remedies of the Parties provided in this Section 14 are in addition to any other rights and remedies provided by law or under this AGREEMENT. 15. Notice. All notices hereunder shall be in writing and shall be effective upon receipt by the other Party. All notices and communications, including invoices, between the Parties to this AGREEMENT shall be addressed as set forth below and provided by any of the following methods (i) personally delivered; (ii) sent by electronic mail, with a subject line clearly identifying this AGREEMENT, read receipt requested, and a cc: provided to the identified DocuSign Envelope ID: 10B1E664-5EE5-48E0-85BB-7F2E5A75B792 17336.00005\34822293.1 Page 8 of 10 staff; (iii) sent by first-class mail, return receipt requested; or (iv) sent by overnight express delivery service with postage or other charges fully prepaid. Notwithstanding the foregoing, notices of dispute or termination sent by electronic mail must be followed by hard copy mailed notice to be effective. TO RCTC: TO RECIPIENT: Anne Mayer Executive Director RCTC 4080 Lemon Street, 3rd Floor Riverside, California 92501 Phone: (951) 787-7141 e-mail: amayer@rctc.org cc: JChan@RCTC.org Armando Villa City Manager City of Menifee 29844 Haun Rd Menifee, CA 92586 (951) 672-6777 avilla@cityofmenifee.us 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 seq., which require the payment of prevailing wages where the SCOPE OF WORK or any portion thereof is determined to be a “public work,” as defined therein. RECIPIENT shall ensure compliance with applicable prevailing wage requirements by any person or entity hired to perform the SCOPE OF WORK or any portion thereof falling within the definition of “public work.” RECIPIENT shall defend, indemnify, and hold harmless RCTC, its officers, employees, consultants, and agents from any claim or liability, including without limitation reasonable attorneys’ fees, arising from any failure or alleged failure to comply with California Labor Code Sections 1770 et seq. 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. DocuSign Envelope ID: 10B1E664-5EE5-48E0-85BB-7F2E5A75B792 17336.00005\34822293.1 Page 9 of 10 19. Governing Law and Severability. This AGREEMENT shall be governed by, and be construed in accordance with, the laws of the State of California. If any portion of this AGREEMENT is found to be unenforceable by a court of law with appropriate jurisdiction, the remainder of the AGREEMENT shall be severable and survive as binding on the Parties. 20. Attorneys’ Fees. If any legal action is initiated for the enforcement/interpretation of this AGREEMENT, or because of any alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this AGREEMENT, the successful or prevailing party shall be entitled to recover reasonable attorneys’ fees, witness fees and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled as determined by a court of law or appointed decider under alternative legal proceedings. 21. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 22. Section Headings and Interpretation. The section headings contained herein are for convenience only and shall not affect in any way the interpretation of any of the provisions contained herein. The AGREEMENT shall not be interpreted as being drafted by any Party or its counsel. 23. No Waiver. Failure of RCTC to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions in this AGREEMENT shall not be deemed a waiver of such term, covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power provided under applicable law. 24. Time of Essence. Time is of the essence for each and every provision of this AGREEMENT. 25. Counterparts. This AGREEMENT may be executed in any number of counterparts, each of which shall be deemed to be an original, but all which together will constitute but one agreement. 26. Form of Signatures. A manually signed copy of this Agreement which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement for all purposes. This Agreement may be signed using an electronic signature. [SIGNATURES ON NEXT PAGE] DocuSign Envelope ID: 10B1E664-5EE5-48E0-85BB-7F2E5A75B792 17336.00005\34822293.1 Page 10 of 10 SIGNATURE PAGE TO AGREEMENT NO. 22-62-062-00 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 By:____________________________ Name: _____Anne Mayer__________ Title: ____Executive Director_______ RECIPIENT CITY OF MENIFEE By:____________________________ Name: _________________________ Title: __________________________ APPROVED AS TO FORM Best Best & Krieger LLP By: _________________________ Title: General Counsel APPROVED AS TO FORM By: _____________________________ Name: ___________________________ Title: ____________________________ Attest: _____________________________________ Stephanie Roseen, Acting City Clerk DocuSign Envelope ID: 10B1E664-5EE5-48E0-85BB-7F2E5A75B792 Jeffrey T. Melching, City Attorney City Attorney Armando G. Villa City Manager 17336.00005\34822293.1 Attachment 1 ATTACHMENT 1 (RECIPIENT APPLICATION FOR FUNDING) DocuSign Envelope ID: 10B1E664-5EE5-48E0-85BB-7F2E5A75B792 FY21/22 SB 821 Bicycle and Pedestrian Facilities Program BIENNIAL CALL FOR PROJECTS APPLICATION BELL MOUNTAIN MIDDLE SCHOOL PEDESTRIAN PROJECT A. SCOPE OF WORK (500 Characters) The Bell Mountain middle school Project consists of reconstruction of fifteen (15) ADA ramps along with installation of truncated domes and installation of high visibility cross walks at seven (7) different locations. The first set of non-compliant ramps will be upgraded to the latest ADA requirement (truncated domes) and installed at the following locations: • NE ramp at Antelope Rd and La Piedra Rd (1) • NW ramp at Antelope Rd and La Piedra Rd (1) • SE ramp at Antelope Rd and La Piedra Rd (1) The second set of non-compliant ramps will be upgraded to the latest ADA requirement (truncated domes) and installed at the following locations: • NE ramp at Inspiration Lake Dr. and La Piedra Rd (1) • NW ramp at Inspiration Lake Dr. and La Piedra Rd (1) • SE ramp at Inspiration Lake Dr. and La Piedra Rd (1) The third set of non-compliant ramps will be upgraded to the latest ADA requirement (truncated domes) and installed at the following locations: • NE ramp at Spring Deep Terrace and La Piedra Rd (1) • NW ramp at Spring Deep Terrace and La Piedra Rd (1) • SE ramp at Spring Deep Terrace and La Piedra Rd (1) The fourth set of non-compliant ramps will be upgraded to the latest ADA requirement (truncated domes) and installed at the following locations: • NE ramp at Watermill Ln and La Piedra Rd (1) • NW ramp at Watermill Ln and La Piedra Rd (1) The fifth set of non-compliant ramps will be upgraded to the latest ADA requirement (truncated domes) and installed at the following locations: • NE ramp at Bayport Ln and La Piedra Rd (1) • NW ramp at Bayport Ln and La Piedra Rd (1) The sixth set of non-compliant ramp(s) will be upgraded to the latest ADA requirement (truncated domes) and installed at the following location(s): • NE ramp at Menifee Rd and La Piedra Rd (1) • SE ramp at Menifee Rd and La Piedra Rd (1) The high visibility cross walks will be installed at the following locations: • Antelope Rd and La Piedra Rd Intersection (2) (10 ft wide) • Inspiration Lake Dr and La Piedra Intersection (1) (10ft wide) • Spring Deep Terrace and La Piedra Intersection (1) (10ft wide) • La Piedra Rd and Menifee Rd Intersection (2) (10ft wide) DocuSign Envelope ID: 10B1E664-5EE5-48E0-85BB-7F2E5A75B792 FY21/22 SB 821 Bicycle and Pedestrian Facilities Program BIENNIAL CALL FOR PROJECTS APPLICATION BELL MOUNTAIN MIDDLE SCHOOL PEDESTRIAN PROJECT The Rectangular Rapid Flashing Beacons (RRFB) will be installed at the following locations: • Inspiration Lake Dr. and La Piedra Rd Intersection (1) • Spring Deep Terrace and La Piedra Intersection (1) • La Piedra Rd and Menifee Rd Intersection (1) B. FUNDING Double click on table below to complete project costs for PA/ED, PS&E, ROW, Construction and Local Match in the Excel spreadsheet. The gray cells contain formulas that will calculate the Total Project Cost, SB 821 Request, and the Percentage Splits. Provide a letter on agency letterhead committing to the local match as Appendix A and Project’s Engineers Estimate as Appendix B. PA/ED PS&E ROW -$ Construction 392,646$ Administration (Preliminary Engineering)26,782$ Contingency (25%)26,782$ Total Project Cost 446,210$ Split % Local Match 223,105$ 50% SB 821 Request 223,105$ 50% 100.00% C. SCHEDULE For completed phases, provide supporting documentation such as copies of environmental clearance, title sheet of 100% plans with engineer’s stamp, or right of way clearance as Appendix C. START END* PA/ED Categorically Exempt Categorically Exempt PS&E 08/2021 01/2022 ROW N/A N/A BID & AWARD 02/2022 04/2022 CON 05/2022 06/2022 CLOSE OUT 07/2022 09/2022 DocuSign Envelope ID: 10B1E664-5EE5-48E0-85BB-7F2E5A75B792 FY21/22 SB 821 Bicycle and Pedestrian Facilities Program BIENNIAL CALL FOR PROJECTS APPLICATION BELL MOUNTAIN MIDDLE SCHOOL PEDESTRIAN PROJECT D. PROJECT BACKGROUND & PROJECT DESCRIPTION Describe the project background and the existing conditions of the larger project area and or project vicinity. Discussion can include background information on current roadway configuration, missing bike and pedestrian facilities, and importance of project to local active transportation users. If possible, provide photographs of existing conditions. Describe the project in its entirety. Include the purpose and need, benefit, and location of the project. Provide a map showing existing and proposed project improvements. If available, provide typical cross- sections showing vehicular lane widths, active transportation facilities width, and any landscaping or lighting features. The project area will create critical pedestrian routes for middle school and college students and 3000+ community members to reach these institutes of higher learning and local destinations. This location is one of the highest ranked priority areas in need of the active transportation infrastructure as identified in the Menifee ATP. The project will construct: 15 ADA curb ramps at the intersections, re- striping to include class 2 bike lane and 7 crosswalks will be installed to provide better visibility of students crossing the roadways and calm the traffic. This area has had 2 pedestrian collisions and 5 bicycle collisions. The project would create safe routes for students and community members to have safe walking passage to school and other local institutional resources by providing pedestrian bicycle infrastructure and creating active transportation mobility. These benefits would help the City work towards one of the goals identified in the General Plan, Circulation Element. A bikeway and community pedestrian network that facilitates and encourages non-motorized travel throughout the City of Menifee. In order to discourage drivers from encroaching into crosswalks, the City of Menifee is looking at installing seven (7) 10 ft wide high visibility cross walks at main crossing locations. Students who are currently walking to and from school and to the nearby recreation center (which offers after school programs) would benefit from the proposed project improvements. To come into compliance with the California Building Code, the City of Menifee is also proposing the upgrade of eleven (15) ramps that are non-ADA compliant and installation of truncated domes at each ramp. Proposed upgrades would benefit anyone who is visually impaired. DocuSign Envelope ID: 10B1E664-5EE5-48E0-85BB-7F2E5A75B792 FY21/22 SB 821 Bicycle and Pedestrian Facilities Program BIENNIAL CALL FOR PROJECTS APPLICATION BELL MOUNTAIN MIDDLE SCHOOL PEDESTRIAN PROJECT DocuSign Envelope ID: 10B1E664-5EE5-48E0-85BB-7F2E5A75B792 FY21/22 SB 821 Bicycle and Pedestrian Facilities Program BIENNIAL CALL FOR PROJECTS APPLICATION BELL MOUNTAIN MIDDLE SCHOOL PEDESTRIAN PROJECT DocuSign Envelope ID: 10B1E664-5EE5-48E0-85BB-7F2E5A75B792 FY21/22 SB 821 Bicycle and Pedestrian Facilities Program BIENNIAL CALL FOR PROJECTS APPLICATION BELL MOUNTAIN MIDDLE SCHOOL PEDESTRIAN PROJECT DocuSign Envelope ID: 10B1E664-5EE5-48E0-85BB-7F2E5A75B792 FY21/22 SB 821 Bicycle and Pedestrian Facilities Program BIENNIAL CALL FOR PROJECTS APPLICATION BELL MOUNTAIN MIDDLE SCHOOL PEDESTRIAN PROJECT DocuSign Envelope ID: 10B1E664-5EE5-48E0-85BB-7F2E5A75B792 FY21/22 SB 821 Bicycle and Pedestrian Facilities Program BIENNIAL CALL FOR PROJECTS APPLICATION BELL MOUNTAIN MIDDLE SCHOOL PEDESTRIAN PROJECT E. DESTINATIONS SERVED (2 points for each destination served, max 14 points) Briefly summarize and list all the destinations served by the proposed project. Provide a project vicinity map identifying all the destinations served by the proposed project within a ¾ mile or a 2-mile radius. Destinations are schools or higher education facilities, commercial centers, municipal or any other civic centers, medical facilities, and recreational centers. For pedestrian projects, the destinations need to be within ¾ mile radius to be eligible. For bicycle or multi-use trail projects, destinations need to be within a 2-mile radius. Each destination served will receive 3 points each. On the map, provide a ¾ mile buffer or a 2-mile buffer surrounding the project site. Maps without the marked buffer will receive half of its eligible points. The Bell Mountain Middle School Project is centrally located between several shopping centers, parks, recreation centers, schools, gyms, and medical centers. The following can be located within a 2miles radius from Bell Mountain Middle School: • Mt. San Jacinto Community College • Bell Mountain Middle School • Wheatfield Park • Wheatfield Recreation Center • City of Menifee City Hall • Haun Medical Center • Countryside Marketplace • Paloma Valley High School • Menifee Lakes Country Club • Aldergate Dog Park • Salt Creek Trail DocuSign Envelope ID: 10B1E664-5EE5-48E0-85BB-7F2E5A75B792 FY21/22 SB 821 Bicycle and Pedestrian Facilities Program BIENNIAL CALL FOR PROJECTS APPLICATION BELL MOUNTAIN MIDDLE SCHOOL PEDESTRIAN PROJECT DocuSign Envelope ID: 10B1E664-5EE5-48E0-85BB-7F2E5A75B792 FY21/22 SB 821 Bicycle and Pedestrian Facilities Program BIENNIAL CALL FOR PROJECTS APPLICATION BELL MOUNTAIN MIDDLE SCHOOL PEDESTRIAN PROJECT F. SAFETY (15 points) Describe the extent to which the proposed project will increase safety for the non-motorized public. Additionally, explain any safety enhancement features included in the project scope, such as rectangular rapid flashing beacons, bicycle box (see https://safety.fhwa.dot.gov/provencountermeasures/). 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 or injury history, most current and valid 85th 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 school served by project. Additionally generate a collision heat map for the project site using collision data from the last ten years. Heat map can be generated using the ATP Maps & Summary interface from TIMS (https://tims.berkeley.edu/) or Crossroads. The proposed project would generate an active transportation network that ensures residents of all ages and abilities have access to safe streetscapes, especially the more vulnerable sectors of our community, such as low-income populations, children, and seniors whose primary mode of transportation is walking, biking, and public transportation. By completing the Bell Mountain Middle School Project, the non-motorized infrastructure would allow users of all ages and abilities to access transit, commercial and employment centers, neighborhoods, parks, and schools to provide a viable alternative for transportation to reduce vehicle miles traveled and traffic congestion. The proposed project would also develop non-motorized multimodal resources that will meet both commuter and recreation needs, including bicycle support facilities once they meet their destinations. Bell Mountain Middle School has a total of 1,118 students and MSJC has a 27,000 student enrollment. DocuSign Envelope ID: 10B1E664-5EE5-48E0-85BB-7F2E5A75B792 FY21/22 SB 821 Bicycle and Pedestrian Facilities Program BIENNIAL CALL FOR PROJECTS APPLICATION BELL MOUNTAIN MIDDLE SCHOOL PEDESTRIAN PROJECT DocuSign Envelope ID: 10B1E664-5EE5-48E0-85BB-7F2E5A75B792 FY21/22 SB 821 Bicycle and Pedestrian Facilities Program BIENNIAL CALL FOR PROJECTS APPLICATION BELL MOUNTAIN MIDDLE SCHOOL PEDESTRIAN PROJECT DocuSign Envelope ID: 10B1E664-5EE5-48E0-85BB-7F2E5A75B792 FY21/22 SB 821 Bicycle and Pedestrian Facilities Program BIENNIAL CALL FOR PROJECTS APPLICATION BELL MOUNTAIN MIDDLE SCHOOL PEDESTRIAN PROJECT DocuSign Envelope ID: 10B1E664-5EE5-48E0-85BB-7F2E5A75B792 FY21/22 SB 821 Bicycle and Pedestrian Facilities Program BIENNIAL CALL FOR PROJECTS APPLICATION BELL MOUNTAIN MIDDLE SCHOOL PEDESTRIAN PROJECT G. MULTIMODAL ACCESS (1 point each, max 6 points) In a project vicinity map, identify all the bus routes, Metrolink stations, park-and-ride facilities, bicycle lanes, sidewalks or crosswalks improved by the proposed project within a ¾ mile or a 2- mile radius. DocuSign Envelope ID: 10B1E664-5EE5-48E0-85BB-7F2E5A75B792 FY21/22 SB 821 Bicycle and Pedestrian Facilities Program BIENNIAL CALL FOR PROJECTS APPLICATION BELL MOUNTAIN MIDDLE SCHOOL PEDESTRIAN PROJECT For pedestrian projects, these amenities need to be within ¾ mile radius to be eligible. For bicycle or multi-use trail projects, amenities need to be within a 2-mile radius. Each amenity will receive 1 point. On the map, provide a ¾ mile buffer or a 2-mile buffer surrounding the project site. Maps without the marked buffer will receive half of its eligible points. Discuss how the project along with its nearby amenities encourage multi-modalism. Briefly summarize and list all the bus stops, Metrolink Stations, park-and-ride facilities, missing bicycle or sidewalks, or crosswalks enhanced by the proposed project and indicate if the items are existing or planned. The project location is located within an active Bus route. The bus route currently connect this area of Menifee to vital locations such as the nearby community college and the Temecula mall,a s well as doctor’s offices and recreation areas. This project contains no missing side walks and we are proposing the improvement of fifteen (15) ADA ramps along with installation of truncated domes and installation of high visibility cross walks at seven (7) different locations. DocuSign Envelope ID: 10B1E664-5EE5-48E0-85BB-7F2E5A75B792 FY21/22 SB 821 Bicycle and Pedestrian Facilities Program BIENNIAL CALL FOR PROJECTS APPLICATION BELL MOUNTAIN MIDDLE SCHOOL PEDESTRIAN PROJECT DocuSign Envelope ID: 10B1E664-5EE5-48E0-85BB-7F2E5A75B792 FY21/22 SB 821 Bicycle and Pedestrian Facilities Program BIENNIAL CALL FOR PROJECTS APPLICATION BELL MOUNTAIN MIDDLE SCHOOL PEDESTRIAN PROJECT DocuSign Envelope ID: 10B1E664-5EE5-48E0-85BB-7F2E5A75B792 FY21/22 SB 821 Bicycle and Pedestrian Facilities Program BIENNIAL CALL FOR PROJECTS APPLICATION BELL MOUNTAIN MIDDLE SCHOOL PEDESTRIAN PROJECT H. MATCHING FUNDS (10 points) Points will be calculated based on the Funding Table above. Match % Points 50% 10 45% 9 40% 8 35% 7 30% 6 25% 5 20% 4 15% 3 10% 2 5% 1 0% 0 I. POPULATION EQUITY (5 Points) Points will be assigned based on population equity table provided in FY20/21 SB 821 Call for Projects Guidelines. DocuSign Envelope ID: 10B1E664-5EE5-48E0-85BB-7F2E5A75B792 FY21/22 SB 821 Bicycle and Pedestrian Facilities Program BIENNIAL CALL FOR PROJECTS APPLICATION BELL MOUNTAIN MIDDLE SCHOOL PEDESTRIAN PROJECT DocuSign Envelope ID: 10B1E664-5EE5-48E0-85BB-7F2E5A75B792 DocuSign Envelope ID: 10B1E664-5EE5-48E0-85BB-7F2E5A75B792 DocuSign Envelope ID: 10B1E664-5EE5-48E0-85BB-7F2E5A75B792 ENGINEER'S ESTIMATE PROJECT DESCRIPTION UNIT QTY UNIT COST COST High visibility crosswalk (midblock crosswalks, school crosswalks) (2) EA 7 1,480.00$ $10,360.00 Roadway re-striping to install class II bikeway on La Piedra Road LS 1 40,000.00$ $40,000.00 Upgrade existing ADA ramps on La Piedra Road EA 15 6,968.00$ $104,520.00 Truncated domes (1) - La Piedra Road EA 15 $600.00 $9,000.00 RRFB (3)EA 6 $13,961.00 $83,766.00 Traffic Signal Modification EA 2 $50,000.00 $100,000.00 Traffic Control LS 1 $25,000.00 $25,000.00 Mobilization LS 1 $20,000.00 $20,000.00 SUBTOTAL $392,646.00 $12,000.00 $10,000.00 TOTAL PROJECT COST $514,646.00 Contingency (10%) Bell Mountain Middle Construction Engineering (12%) DocuSign Envelope ID: 10B1E664-5EE5-48E0-85BB-7F2E5A75B792 17336.00005\34822293.1 Attachment 2 ATTACHMENT 2 (PROGRAM POLICIES) RIVERSIDE COUNTY TRANSPORTATION COMMISSION TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM ADOPTED POLICIES Transportation Development Act Policies 1. Up to five (5) percent of Article 3 apportionment can be used to supplement other funding sources used for bicycle and safety education programs; the allocation cannot be used to fully fund the salary of a person working on these programs. 2. Article 3 money shall be allocated for the construction, including related engineering expenses, of the facilities, or for bicycle safety 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 thirty (30) days after receiving a request for a review from any city or county, the transportation-planning agency shall review its allocations. 6. Up to twenty (20) percent of the amount available each year to a city or county may be allocated to restripe Class 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 DocuSign Envelope ID: 10B1E664-5EE5-48E0-85BB-7F2E5A75B792 17336.00005\34822293.1 Attachment 2 award. To handle tiebreakers, RCTC will use, in terms of priority, the safety question first then construction readiness. 3. Agencies awarded funds will not be reimbursed for any project cost overruns. 4. Agencies being awarded an allocation will be reimbursed in arrears only upon submitting adequate proof of satisfactory project completion. Claims need to include: the claim form, copies of paid invoices, a copy of the Notice of Completion (NOC), and photographs of the completed project. 5. The allocated amount represents the maximum amount eligible for reimbursement. For projects completed under the allocated amount, the agency will be reimbursed at the matching ratio as presented in the application. 6. An agency will have thirty-six (36) months from the time of the allocation to complete the project. There will be no time extensions granted unless the reason for the delay can be demonstrated. Where substantial progress or a compelling reason for delay can be shown, the agency may be granted administrative extensions in twelve-month increments at the discretion of the Executive Director. 7. Any programmed and unused Article 3 Program funds will be forfeited unless that agency can a) utilize the unused funds to complete projects that are the same or similar in scope and/or are contiguous to the approved project or b) apply the funds to a project previously submitted under an Article 3 call for projects and approved by the Commission, subject to Executive Director approval. 8. Design and construction of facilities must conform to the general design criteria for non-motorized facilities as outlined in the Caltrans Highway Design Manual. 9. Temporary facilities, projects in the bid process, or projects that are under construction will not be funded. 10. The SB 821 evaluation committee will be comprised of a minimum of five (5) 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. DocuSign Envelope ID: 10B1E664-5EE5-48E0-85BB-7F2E5A75B792 17336.00005\34822293.1 Attachment 2 13. For each Call for Projects, a city is eligible to submit up to three (3) applications, and the County of Riverside is eligible to submit up to two (2) applications per Supervisorial District. 14. Each application is limited to a maximum request of 10% of the current Call for Projects programming capacity. 15. Total award to one jurisdiction is limited to twenty (20) percent of current Call for Project’s programming capacity. 16. Awarded agencies can commence reimbursable project activities on March 1 of the Call for Project fiscal year cycle. E.g.: for FY 21/22 Call for Projects, reimbursable work starts on March 1, 2022. 17. Awarded agencies have until June 1 of the Call for Project fiscal year cycle to execute the Memorandum of Understanding (MOU) with RCTC. E.g.: for FY 21/22 Call for Projects, MOUs must be executed by June 1, 2022. DocuSign Envelope ID: 10B1E664-5EE5-48E0-85BB-7F2E5A75B792 17336.00005\34822293.1 Attachment 3 ATTACHMENT 3 TDA ARTICLE 3 BICYCLE AND PEDESTRIAN FACILITIES NON-TRANSIT CLAIM FORM CLAIMANT: _________________________________________________ COUNTY: _Riverside__ ADDRESS: ___________________________________________________________________ CONTACT PERSON: TITLE: _____________________________ I verify that the information on this Claim Form is true and accurate to the best of my knowledge. Signed: Date: ________________________ PROJECT NAME: ______________________________________________________________ PROJECT AWARDED IN FY: START DATE (Mo/Yr): _____________________________________ COMPLETED DATE (Mo/Yr): ________________________________ TDA ARTICLE 3 REVENUES AND EXPENSES OF CLAIMANT: Total Project Cost $_______________________ ( 100 % ) Local Match Spent: $_______________________ ( %) SB 821 Funds Spent: $_______________________ ( %) Breakdown of Project Cost (must add up to “Total Project Cost” above): Administration $___________________ PA/ED $___________________ PS&E $___________________ Right-of-Way $___________________ Construction $___________________ Other (specify): ____________________________ $___________________ Other (specify): ____________________________ $___________________ Supporting Document Checklist: o Notice of Completion o Before and After pictures of project site o Paid Invoices DocuSign Envelope ID: 10B1E664-5EE5-48E0-85BB-7F2E5A75B792 17336.00005\34822293.1 Attachment 3 ASSURANCE OF MAINTENANCE SB 821 SIDEWALK/BIKEWAY FACILITIES WHEREAS, THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION HAS ALLOCATED $_____________ TO THE CITY/COUNTY OF __________________________ FOR THE IMPROVEMENT OF THE _______________________________________________ SIDEWALK/BIKEWAY PROJECT; AND, WHEREAS, THIS INVESTMENT OF PUBLIC FUNDS CAN BE FULLY REALIZED IF THIS FACILITY IS MAINTAINED TO ADEQUATE OPERATING STANDARDS FOR USE BY COMMUTER AND RECREATIONAL PEDESTRIANS/BICYCLISTS; THEREFORE, THE CITY/COUNTY OF ______________________________ ASSURES THAT THIS FACILITY WILL BE MAINTAINED AT ADEQUATE OPERATING STANDARDS. SIGNED:______________________________ TITLE:_______________________________ DATE:_______________________________ DocuSign Envelope ID: 10B1E664-5EE5-48E0-85BB-7F2E5A75B792 223,105 Bell Mountain Middle School Pedestrian Project (CIP 22-25) Menifee Menifee 3/22/2022 City Manager