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2023/08/16 Riverside County Transportation Commission Riverside County Transportation Commission (RCTC) Agreement for Funding under SB 821 Bicycle and Pedestrian Facilities Program (pending signatures from RCTC)
AGREEMENT No. 24-62-017-00 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 , 2023 ("Effective Date"), by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION ("RCTC") and 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 61h, 2023, a CALL FOR PROJECTS was published by RCTC seeking applications for FY 2023/24 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 Paloma Wash Pedestrian Bridge Project ("PROJECT"). E. Funding for the PROJECT shall be provided pursuant to the terms contained in this AGREEMENT and pursuant to applicable PROGRAM policies adopted by RCTC, which are attached hereto and incorporated herein as Attachment 2. NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants and consideration contained herein, the Parties mutually agree as follows: 1. Incorporation of Recitals. The Parties acknowledge and agree that the above recitals are true and correct, and hereby incorporate those recitals by this reference into the AGREEMENT. 2. RCTC Funding; Amount. RCTC hereby agrees to distribute to the RECIPIENT, on the terms and conditions set forth herein, a sum not to exceed Six Hundred Ninety Thousand One Hundred Twenty Dollars and Twenty Cents ($690,120.20), to be used exclusively for reimbursing the RECIPIENT for eligible expenses as described herein ("FUNDING AMOUNT"). RECIPIENT acknowledges and agrees that the FUNDING AMOUNT may be less than the actual and final cost of the PROJECT, which final costs are the sole responsibility of RECIPIENT, and RCTC will not contribute PROGRAM funds in excess of 17336.00005\41471305.2 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 scope change request electronically via RCTC's online tracking and reporting system known as the Rivtrack system and accessible at https://rivtrack.rctc.org/ ("Rivtrack system"). The electronically submitted scope change request must include the reasons for the requested change and confirmation that costs associated with the proposed amendment are eligible for PROGRAM reimbursement. Such request is subject to written approval by RCTC, in RCTC's sole 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. Notwithstanding the foregoing, in the case of a conflict, the most stringent requirement shall govern, unless prohibited by applicable law or otherwise agreed upon by RCTC. 2.2 "l imin� ioi- I'miect Completion. In accordance with the PROGRAM policies attached hereto as Attachment 2, RECIPIENT has thirty-six (36) 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 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 by RCTC following the submission of the PROGRAM funding claim form completed electronically via the Rivtrack system. In the event additional time is needed for the completion of the PROJECT, RECIPIENT may submit a time extension request electronically via the Rivtrack system. Before and after PROJECT photographs must be uploaded with the CLAIM FORM upon PROJECT completion, as well as copies of paid invoices and any other backup requested for repayment and audit purposes. 2.3 Increases in Project Funding The FUNDING AMOUNT may, at 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 17336.00005\41471305.2 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. 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 Temporar +� Imgrovements. Only segments or components of improvements 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 submission into Rivtrack, 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 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 2. 2.7 Recipient's Funding Obligation to Complete the Work; Limitation of RCTC Obligations. 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 work performed under the SCOPE OF WORK, for the PROJECT, or at a PROJECT site. Further, RCTC shall not be liable for any action of RECIPIENT or its contractors relating to the condemnation of property undertaken by RECIPIENT or construction related to the PROJECT. 2.8 Recipient's Obligation to Repay Program Funds to RCTC. In the event it is determined, whether through a post -completion audit or otherwise, the PROJECT was not 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, 3 17336.00005\41471305 2 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 FUNDING AMOUNT set forth in 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 Million Two Hundred Fifty Nine Thousand Nine Hundred Forty Six Dollars ($2,259,946) 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 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 ,arising out of or incident to any intentional or negligent acts, errors or omissions of the RECIPIENT, its officials, officers, employees, agents, consultants and 4 17336.00005\41471305.2 contractors arising out of or in connection with the performance of this AGREEMENT, the PROJECT or the SCOPE OF WORK. 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. The indemnity obligation shall not apply to the extent of any negligence or willful misconduct of RCTC, its officials, officers, employees, agents, and consultants. This section shall survive the expiration or termination of this Agreement. 7. Expenditure of Funds by Recipient Prior to Execution of Agreement. RECIPIENT may commence the Project starting July 1, 2023, 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 October 1, 2023. 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 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 5 17336.00005\41471305.2 specific obligations contemplated herein, this AGREEMENT may not be assigned by any Party hereto except with the prior written consent of the other Party. 12. Independent Contractors. Any person or entities retained by RECIPIENT or any contractor shall be retained on an independent contractor basis and shall not be employees of RCTC. Any personnel performing services on the PROJECT shall at all times be under the exclusive direction and control of the RECIPIENT or contractor, whichever is applicable. The RECIPIENT or contractor shall pay all wages, salaries and other amounts due such personnel in connection with their performance of services on the SCOPE OF WORK and as required by law. The RECIPIENT or contractor shall be responsible for all reports and obligations concerning such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance and workers' compensation insurance. 13. Conflicts of Interest. For the term of this AGREEMENT, no member, officer or employee of RECIPIENT or RCTC, during the term of his or her service with RECIPIENT or RCTC, as the case may be, shall have any direct interest in this AGREEMENT, or obtain any present or anticipated material benefit arising therefrom. 14. Termination. This AGREEMENT may be terminated for cause or convenience as further specified below. 14.1 Termination for Convenience. Either RCTC or RECIPIENT may, by written notice to the other party, terminate this AGREEMENT, in whole or in part, for convenience by giving thirty (30) days' written notice to the other party of such termination and specifying the effective date thereof. 14.2 Effect of Termination for Convenience. In the event that RECIPIENT terminates this AGREEMENT for convenience, RECIPIENT shall, within 180 days, repay to RCTC in full all PROGRAM funds provided to RECIPIENT under this AGREEMENT. In the event that RCTC terminates this AGREEMENT for convenience, RCTC shall, within 90 days, distribute to the RECIPIENT PROGRAM funds in an amount equal to the aggregate total of all 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 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 6 17336.00005\41471305 2 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 right to immediately terminate the AGREEMENT with written notice to RECIPIENT. In the event that RCTC terminates this AGREEMENT under this Section 14.5, RCTC shall, within 90 days, distribute to the RECIPIENT PROGRAM funds in an amount equal to the aggregate total of all unpaid invoices which have been received from RECIPIENT regarding the SCOPE OF WORK for the PROJECT at the time of the notice of termination; provided, however, that RCTC shall be entitled to exercise its rights under Section 2.6, including but not limited to conducting a review of the invoices and requesting additional information from RECIPIENT. 14.6 Cumulative Remedies. The rights and remedies of the Parties provided in this Section 14 are in addition to any other rights and remedies provided by law or under this AGREEMENT. 15. Notice. All notices hereunder shall be in writing and shall be effective upon receipt by the other Party. All notices and communications 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 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. Notwithstanding the foregoing, invoices and requests for changes to the SCOPE OF WORK, shall be submitted through the Rivtrack system as specified in this AGREEMENT. TO RCTC: 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 TO RECIPIENT: Armando G. Villa City Manager City of Menifee 29844 Haun Road Menifee, CA 92586 (951) 723-3876 avilla@cityofinenifee.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. 17336.00005\41471305.2 16. Prevailing Wages. RECIPIENT is alerted to the requirements of California Labor Code Sections 1770 et sue., which require the payment of prevailing wages where the SCOPE OF WORK or any portion thereof is determined to be a "public work," as defined therein. RECIPIENT shall ensure compliance with applicable prevailing wage requirements by any person or entity hired to perform the SCOPE OF WORK or any portion thereof falling within the definition of "public work." RECIPIENT shall defend, indemnify, and hold harmless RCTC, its officers, employees, consultants, and agents from any claim or liability, including without limitation reasonable attorneys' fees, arising from any failure or alleged failure to comply with California Labor Code Sections 1770 et sue. on the PROJECT. 17. Equal Opportunity Employment. The Parties represent that they are equal opportunity employers and they shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, sexual orientation, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 18. Entire Agreement. This AGREEMENT embodies the entire understanding and agreement between the Parties pertaining to the matters described herein and supersedes and cancels all prior oral or written agreements between the Parties with respect to these matters. Each Party acknowledges that no Party, agent or representative of the other Party has made any promise, representation or warranty, express or implied, not expressly contained in this AGREEMENT, that induced the other Party to sign this document. Modifications to this AGREEMENT shall be in the form of a written amendment executed by authorized representatives of the Parties to be bound. 19. Governin,, Law; Venue and Severabilitv. This AGREEMENT shall be governed by, and be construed in accordance with, the laws of the State of California. Venue shall be in Riverside County. 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' and Other 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 "Bird 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 17336 00005\41471305.2 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. 27. Survival. All rights and obligations under this AGREEMENT that by their nature are to continue after any expiration or termination of this AGREEMENT shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE] 9 17336.00005\41471305.2 SIGNATURE PAGE TO AGREEMENT NO.24-62-017-00 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 LON Anne Mayer, Executive Director APPROVED AS TO FORM Best, Best & Krieger LLP General Counsel to RCTC 17336 00005\41471305 2 RECIPIENT CITY OF MENIFEE By: Name: ARMANDO G. VILLA CITY MANAGER Title: CITY OF MENIFEE APPROVED AS TO FORM By: Name: mJ I l e Title: 10 ATTACHMENT 1 (RECIPIENT APPLICATION FOR FUNDING) Attachment 1 17336.00005\41471305.2 Questionnaire Tab Email address: jmcconville@cityofinenifee.us Project Name: Poloma Wash Pedestrian Bridge Has this Project been previously awarded in a past SB 821 Cycle? O No Yes, in 17-18 FY Cycle Yes, in 19-20 FY Cycle Yes, in 21-22 FY Cycle Lead Agency: Menifee Memorandum of Understanding By October 1, 2023, awardees will execute the Project MOU with the Commission. To streamline the process, please provide the name and contact information or the individual who will be the signatory on the MOU. This is typically the City Manager, City Engineer, or Public Works Director. MOU Signatory * Title: * Armando G. Villa City Manager Email address: * a villa@cityotmenifee.us Project Contact Person Provide contact information for Project's contact person. This could be the Public Works Director, the Project Manager, or other City/County Staff. o Project Contact is the some as current user Project Contact Person: * Title: Jenny McConville Email address: * Phone Number: * jmcconville@cityofinenifee.us (951) 723-3876 Project Overview Project Type (check all that apply) o Bicycle Project o Pedestrian Project Multi -use Trail Project Non-Infrastructure/Plan Project Locate in a Disadvantage Community, per SB-535? * Yes Q No Partial Does the proposed project include any of the following (check all that apply)? * Curb Gutter Driveway Ramp 0 Project does not include any of the above Project Application Tab Project Number: 000173 Agency: Menifee Project Name: Paloma Wash Pedestrian Bridge Project Type: Bicycle Project, Pedestrian Project Status: Submitted To RCTC The Project will construct a new approximately 14' wide by 174' long prefabricated pedestrian bridge over the Palomo Wash flood control channel between Central Park and Haun Road, south of Newport Road. The Project will meet ADA requirements, flood control water surface elevation criteria, include handrailing along the bridge, abutments, retaining walls, ADA ramps, concrete walkways beyond the bridge, while incorporating architectural features (sunshades & lighting) correlated to Central Park. 498 of 500 Characters Enter the project costs for PA/ED, PS&E, ROW, Construction and Local Match in the fields provided below. The gray fields contain formulas that will calculate the Total Project Cost, SEI 821 Request, and the Percentage Splits. 10% Programming Cap: $690,120.20 PA & ED: 0.00 PS&E: 0.00 ROW: 0.00 Construction: 2,950,066.00 Administration: 0.00 Total Project 2,950,066.00 Cost: 20% Programming Cap: $1,380,240A0 Agency Split Local Match: 2,259,945.80 77% SB 821 690,120.20 23% Request: 100% RCTC Split Local Match: 2259,946.00 77% SB 821 690,120.00 23% Request: 100% 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 and attach in section J. Start End PA & ED: 09/12/2022 02/28/2023 PS & E: 10/01/2022 08/31/2023 ROW: 03/01/2023 08/31/2023 Construction: 01/01/2024 05/31/2024 Close out: 04/15/2024 05/31/2024 D. Project Background & Project do Descri 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, upload 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, upload typical cross -sections showing vehicular lane widths, active transportation facilities width, and any landscaping or lighting features in section J. The Project is proposed to provide a pedestrian and bicycle crossing over the Paloma Wash flood control channel, connecting Central Park to Haun Road. The Project is located approximately 1,400 feet south of Newport Rd. In order to access the Menifee Countryside Marketplace, a large retail center on the west side of the Paloma Wash, pedestrians and bicyclists currently must walk south to reach La Piedra Road and then north on Haun Road. Depending on starting location, this path would be approximately 0.7 to 2 miles and would require travel along very highly traveled major corridors. Alternatively, again depending on starting location, pedestrians and bicyclists could travel north along Sherman Road/Town Center Drive, and then west on Newport Road, and south on Haun Road to reach the same retail center. This route is just under one mile. Newport Road is one of the most dangerous arterials in the City for pedestrians and bicyclists to travel. By adding the Paloma Wash Pedestrian Bridge, pedestrians and bicyclists would have a safe path to reach retail, medical, and bank facilities on the west side of the Paloma Wash. The bridge would also reduce their travel length and time and open up active transportation options to the large residential population on the Paloma Wash's east side. Additionally, the Holland Rd Overpass project located less than 1 mile south of the Project area is currently in construction and is expected to be completed by Fall 2024. This overpass will allow for pedestrians and bicyclists to cross over the 1-215 to access the Mt. San Jacinto College Menifee Valley campus and Menifee Valley Campus Library, which are located approximately 0.5 miles north of the east end of the Holland Road Overpass. The pedestrian bridge would connect newer housing developments on the west side of the Paloma Wash to Haun Road on the east side of the Paloma Wash, providing multimodal access to the Holland Road Overpass. Mt. San Jacinto College Menifee Valley Campus has also recently completed a 5,000-seat stadium called the MSJC Athletics & Kinesiology Complex which will host games and other events. 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 % 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 % 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 2 points each. On the map, provide a % mile buffer or a 2-mile buffer surrounding the project site. Maps without the marked buffer will receive half of its eligible points. Destinations Served: 1. Central Park - Project begins at Central Park 2. Central Park Amphitheater coming July 2024 - Project begins at Central Park 3. Future Menifee Civic Center - 0.3 miles 3a. Current Menifee City Hall - 0.9 miles, 0.5 miles with Pedestrian bridge built. 4. Future Menifee Court House - 0.3 miles 5. Santa Rosa Academy - 0.5 miles 6. Menifee Countryside Marketplace - 0.6 miles 6a. Rancho Family Medical Group 6b. Rancho Physical Therapy 6c. Menifee Animal Hospital 6d. Menifee Smiles Dentistry 6e. Chase Bank 6f. Wells Fargo Bank 7. Riverside Transit Authority Newport FS Haun Bus Stop - 0.7 miles 8. Retail Center @ Calle Tomas and Newport Rd. - 0.7 miles 9. Retail Center @ northwest corner of Newport Rd. and Haun Rd. - 0.8 miles 10. Retail Center @ northeast corner of Newport Rd. and Haun Rd. - 0.8 miles 11. Menifee Union School District - 0.9 miles, 0.5 miles with pedestrian bridge built In addition to the above, the Holland Rd Overpass project is currently in construction and is expected to be completed by Fall 2024. This overpass is less than 1 mile southeast of Project area. The Mt. San Jacinto College Menifee Valley campus and Menifee Valley Campus Library are located approximately 0.5 miles north of the east side of the Holland Road Overpass project. The Project would connect newer housing developments on the west side of the Paloma Wash to Haun Road on the east side of the Paloma Wash, allowing multimodal access to the Holland Road Overpass and the Mt. San Jacinto College campus and Menifee Valley Campus Library. Mt. San Jacinto College Menifee Valley Campus has also recently completed a 5,000-seat stadium called the MSJC Athletics & Kinesiology Complex which will host games and other events. 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. Upload map in section J. The Paloma Wash Pedestrian Bridge project will not be located on a roadway, so there will be no existing shoulder within the project limits, there are no plans for sidewalk or biking routes adjacent to the Project area, and the Project will allow pedestrians and bicyclists to travel to major attractions without traversing highly traveled motorized roadways including Newport Road, La Piedra Road, and Haun Road. As indicated on the Pedestrian and Bicycle Collisions data map identified as Exhibit C, the area surrounding the Project location is rated as medium to high collision frequency. The speed limit on Newport Road and Haun Road is 45 mph. There is a school on the south side of La Piedra Road (Santa Rosa Academy) south of the project area, so the speed limit is reduced here during school hours. Much of the area along Newport Road and La Piedra Road do not currently have bicycle facilities, requiring bicyclists to travel along pedestrian -intended sidewalks. Santa Rosa Academy currently reports just over 1,500 students enrolled. This school is located less than half a mile south of the Project area. This Project will provide a multimodal connection to the future Holland Road Overpass, which will ultimately allow commuters access to the Mt. San Jacinto College Menifee Valley campus, which currently serves between 15,000 and 20,000 students. There is also a new middle school located just a mile north of the Project area. The Kathryn Newport Middle School will be accessible in less than half a mile by bicycle or pedestrian commuters with the construction of the proposed pedestrian bridge. Student enrollment at Kathryn Newport Middle School is unknown at this time as the school plans to open in August 2023. 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 % mile or a 2-mile radius. For pedestrian projects, these amenities need to be within % 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 % mile buffer or a 2-mile buffer surrounding the project site. Maps without the marked buffer will receive half of its eligible points. Upload map in section J. Below, 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. Riverside Transit Authority bus routes 74 and 61 have several stops located within a one -mile radius of the Project area: - Newport FS Houn - Newport FS Town Center There is also a trail within the Project area called the Paloma Wash Trail, located between Newport Road and Holland Road, which was completed a few years ago. This Project will provide pedestrian and bicycle access to this trail. This Project would create safe pedestrian and bicycle access between the large housing developments located on the west side of the Paloma Wash to commercial and necessity facilities located on the east side of the Paloma Wash, which is currently missing. H. Matching Funds (max 10 points) 10% Programming Cap: $690,120.20 Agency Local Match: 2,259,945.80 SB 821 Request: 690,120.20 20% Programming Cap: $1,380,240.40 Split % Match Points 77 % 10.00 23% 100% Agency: Menifee Population Equity Points 0.00 Match % 50% 45% 40 % 35% 30 % 25% 20% 15% 10% 5% 0% Points 10 9 8 7 6 5 4 3 2 0 Upload attachments indicated from previous sections. Title F. Exhibit C ATP Safety Data Map 2013-2017.pdf D. Project Background & Description.pdf G. Multimodal Access Map.pdf Engineer's Estimate.pdf 2. Commitment to Local Match Letter.pdf E. Exhibit B Destinations Served Map.pdf Environmental Document - Burrowing Owl & Nesting Species Survey.pdf o I certify that the information presented herein is complete and accurate. Name: Jenny McConville Title: Senior Management Analyst Date: 04/27/2023 Document Type Safety Project Map Project Background & Project Description Map Multimodal Access Project Map Project's Engineers Estimate Commitment to Local Match Destinations Served Project Map Environmental Document Project Number: 000173 Agency: Menifee Project Type: Bicycle Project, Pedestrian Project Q ©Fairfield Inn & Suites by Marriott Menifee Map Tab Project Name: Paloma Wash Pedestrian Bridge Status: Submitted To RCTC 19 Crumbl Cookies - Menifee Buffalo Wild Winos Chicken Wings • $$ Nothing Bundt Cakes Red Robin Gourmet Burgers and Brews ALDI 19 Sonic Drive-in = Fast Faod • S C ® a ® 3 He Dep., BJ's Restaurant & Brewhouse City Hall Dr 1 In-N-Out Burger Hamburger • S gOCentral Park N m v d c Patk Plaza Ave a ©Miguel's Jr PAex�can • $ QTesla Supercha )wn lu ne ro Menifee Animal Hospital v QArtesa at Menifee Town Center Go gle Boot Barn < Boot store Map data u2023 Google MENIFEE New. Better. Best. Ms. Jillian Guizado Planning and Programming Department Riverside County Transportation Commission 4080 Lemon Street, 3rd Floor Riverside, CA 92501 29844 Haun Rd. Menifee CA. 92586 (951) 672-6777 1 Fax (951) 679-3843 cityofinenifee.us Subject: 2023 TDA Article 3 (SB 821) Bicycle and Pedestrian Facilities Program — Paloma Wash Pedestrian Bridge Project Application Dear Ms. Guizado, The City of Menifee received your 2023 TDA Article 3 (SB 821) Bicycle and Pedestrian Facilities Call for Projects and is pleased to submit an application for the Paloma Wash Pedestrian Bridge Project. The Project would construct a new approximately 14 feet wide by 174 feet long prefabricated pedestrian bridge over the Paloma Wash flood control channel connecting the west side of the channel at Central Park to abundant amenities located on the east side of the channel along Haun Road. The Project will meet ADA requirements and flood control water surface elevation criteria, and include handrailing along the bridge, abutments, retaining walls, ADA ramps, and concrete walkways beyond the bridge, while incorporating architectural features such as sunshades and lighting to create a visual connection to nearby Central Park. The City has been working diligently on this Project and has completed the PA&ED phase, is approaching completion of the PS&E phase, and is currently working through minor ROW (easement) with one property owner. The Project is anticipated to be ready for construction in January of 2024. Because the City is expecting to enter the construction phase next fiscal year, we respectfully request funding support to fully realize this Project in the amount of $690,120. The total anticipated construction cost for the Project is $2,950,066, of which the City has programmed $2,259,946 from local funding sources and American Rescue Plan Act (ARPA) grants in the upcoming 2023/24 fiscal year through its five-year Capital Improvement Program. The Project will encourage active transportation by providing a safe path for pedestrians and bicyclists to access retail, banking, and medical services on the west side of the Paloma Wash, while promoting economic growth in the City of Menifee. We humbly request your consideration in funding this much -needed regionally beneficial Project to improve the quality of life in our community. Since e , A. &01e layton Assistant City Manager Bill Zimmerman Bob Karwin Ricky Estrada Mayor Mayor Pro Tern Councilmember District 1 District 2 Lesa A. Sobek Dean Deines Armando G. Villa Councilmember Councilmember City Manager District 3 District 4 a Unincorporated Perris �:_ Morebod pd Watson Rd :ue oe cae"" j w-reaD,. j7n am. y K Rpuu Rd - e r � f 'z Leos td n cnamp..c Are `� 1� � _ Qwrlen A•e 3 vrtaa stw � unusaRQ� 0 - a PROJECT AREA i 4dgempa WF 1 1•T tJ ��[ S '— ��. � � 47 ua,wee u•�.n xLwWtw.n a_ e,!pr Pe.ao- +wrre p, s. t! I �� _/'``(! I `; S +e`.1�, �f .w1•Ce.el Rd - r _ mtiFllron Prol<rra•eo ' F ' in T •�. •�� 4 --, H (' S 7 r1 - S4'•pnr Van - - RtAYewFart FSHA� Bus SIC � .Olmin ,OmP.pr<lMrol Menifee Countryside Marketplace Canyon Lake . 1 .j; yes �mn,m Pqui.•..1 +r _ ( Retail Center with more than 10 big box rtores, 17dlninq options, veterrnory hosptpl, and .5 _r•ila Pc sa AirJemy medlml ofres vnbry phy,l-I theta denrnr i0smfles;•rmpkgeR�re! �r (Cunenrly 0.6 mdesfiom project by mr prep ea •ylrnd R:f Rrolecr would reduce distance to 0.1 miles) Corson bre 'e 1 Park Cen-a Part 4nPhnheater...-. �.. 5 Lake Elsinore iFrgrri hryFu aCemml Pwi/ � /� Or .,,Am _ 0 3 q Gsh.n Pc I� ®� GrDw RJ 85 oN Attractors & Destinations C) Bus Scup • Bank Food & Bwerage ■ Recrcatlon or Sport O Commerical or Retail i Sdsools O Corwenieme Store • Hospital or Pharmacy Librarl ❑ Post Office IM Town Hall ` ; other Wildornar Unincorporated 015 Murrieta r 0.5 1 2 Miles s _ calcmaps.com 01 1 Destinations •radius surrounding project area I' Circle Area: 28274334 m2128-27 km2 r Ned- - , �• •ri �,i��.-.-�'lJt � - ��,. � r ,� _ , � Sure CIty I•� - _ �, y� - :�liey Countryside Mark-•- Chester- • • F. cMSJC Campus y r ;Mom.) iHolland Rd 'i ' -• w _ �i i C_ f'r .1 T Win• may, . 'a "1-_i. `A# o .4irl -rid, �' ' . . , �.. ■tea. :r/ t<' ��`� wood. CIP 20-13 Paloma Wash Pedestrian Bridge Project City of Menifee, Riverside County, California Pre -Construction Survey for Burrowing Owl and other Nesting Bird Species To Engineering Resources of Southern California, Inc. 1861 W Redlands Boulevard Tel: (909) 890-1255 Email: laskew@erscinc.com Attn: Lori Askew From Dale Hameister Tel (831) 238-0676 Date 06/28/2022 Subject: Pre -Construction Survey for Burrowing Owl and other Nesting Bird Species INTRODUCTION Wood Environment & Infrastructure Solutions, Inc. (Wood) conducted a clearance survey for nesting bird species and burrowing owl (Athene cunicularia) protected by the Migratory Bird Treaty Act (MBTA) at the CIP 20-13 Paloma Wash Pedestrian Bridge Project, City of Menifee, Riverside County, California. A nesting bird survey and burrowing owl clearance survey was conducted by Wood senior biologist Dale Hameister on 12 September 2022. The project is north of La Piedra Road, south of Newport Road, east of Village Terrace Drive, and west of Haun Road. The project area is within the Paloma Wash flood control channel and is bordered by a recreation trail and city park to the west, and Haun Road and a shopping center to the west. Geotechnical investigation is scheduled to begin on 13 September, 2022 along the recreation trail. BACKGROUND The Migratory Bird Treaty Act (MBTA) was passed in 1918 to combat over -hunting and poaching of native bird species. The Act makes it a federal crime to "take" birds or bird parts, including feathers, or to kill birds without special permission from the Secretary of the Interior. The MBTA also prohibits any person from using bait to take migratory birds, or for someone to hunt in areas they know or reasonably should know are baited. Only "native" migratory bird species are protected under the MBTA. The burrowing owl is a small, tan, short -tailed, ground -dwelling owl that occupies underground burrows. A member of the Strigidae (typical owls family), this species is associated with grasslands and other arid open terrain throughout much of the western United States. Burrowing owls are opportunistic in their selection of burrows, typically utilizing the burrows of small mammals, but also use drainpipes, culverts, and other suitable natural or manmade cavities at or below ground level. In California, the species often occurs in association with colonies of the California ground squirrel (Otospermophilus beechey►), where it makes use of the squirrel's burrows. The entrance of the burrow is often adorned with animal dung, feathers, debris, and other small objects. The species is active both day and night and may be seen perching conspicuously on fence posts or standing at the entrance of their burrows. Due to the characteristic fossorial habits of burrowing owls, nest burrows are a critical component of their habitat. In Southern California, burrowing owls are not only Found in undisturbed natural areas, but also fallow agricultural fields, margins of active agricultural areas, livestock farms, airports, and vacant lots. Despite their apparent tolerance to human activities, burrowing owl populations in California are clearly declining and, if declines continue, the species may qualify for listing under the state and/or federal Endangered Species Acts (CDFG 1995). The declines in burrowing owl populations are attributed to loss and degradation of habitat, to on -going residential and commercial development, and to rodent control programs. The burrowing owl is currently designated a California Species of Concern (CSC) by the California Department of Fish and Wildlife (CDFW 2020), managed as a Bird of Conservation Concern by the United States Fish and Wildlife Service (USFWS), is considered "sensitive" by the U. S. Bureau of Land Management (BLM), and protected by the Migratory Bird Treaty Act (MBTA) and California Fish and Game Code Sections 3503, 3503.5, 3513, and 3800. Any impacts to burrowing owls and/or their occupied burrows may be considered significant under the MBTA and California Environmental Quality Act (CEQA), requiring specific mitigation often in the form of the purchase, establishment, and management of on- or off -site conservation areas in perpetuity. The California Burrowing Owl Consortium (CBOC) developed the Burrowing Owl Survey Protocol and Mitigation Guidelines to meet the need of uniform standards when surveying burrowing owl populations and evaluating impacts from development projects (CBOC 1997). In 1995 the California Department of Fish and Game (CDFG) issued the Staff Report on Burrowing Owl Mitigation to all its regional managers to ensure consistency in standards, policies, and regulatory mandates relating to the burrowing owl (CDFG 1995). Due to the continued decline of burrowing owl populations statewide and as an attempt to reverse this trend, the CDFG issued more effective, viable, coordinated and concerted approach to burrowing owl conservation actions with the release of an updated Staff Report on Burrowing Owl Mitigation (CDFG 2012). METHODS The survey was conducted on 12 September 2022 by Wood Senior Biologist Dale Hameister. All areas of the Biological Study Area (BSA), which included the entire project area, were surveyed on -foot utilizing parallel pedestrian belt transects spaced approximately 10 meters (33 feet) apart. A 500-foot buffer surrounding the site was also surveyed where access was possible, in accordance with protocol established by the California Burrowing Owl Consortium (1997) and the Staff Report on Burrowing Owl Mitigation (CDFW 2012) and other detectable bird nests. Binoculars were used to visually inspect potential perching locations (i.e., rocks, debris, dirt mounds) as well as the entrances to all on -site mammal burrows, debris providing potential shelter (i.e., piles of rip -rap rock, drainpipes), search for other bird nests and to identify other bird species observed. Mammal burrows were carefully examined for evidence of burrowing owl occupation (i.e., animal dung, feathers, whitewash, pellets, debris, etc,). Representative photographs were also taken (Appendix A.) 2 RESULTS Weather conditions during the survey were conducive for owl and other nesting bird activities. Skies were partly cloudy. Temperatures were 72-76 degrees Fahrenheit. Winds were light (1-3 mph). The BSA consist of the fenced Paloma Wash flood control channel between a recreation trail adjacent to a city park, and Haun Avenue. Vegetation consists of disturbed non-native grasslands. Several mammal burrows observed were likely made by California ground squirrel (Otospermophilus beecheyt). No bird nests or bird species displaying nesting behavior were detected. Wildlife observed or detected include mourning dove (Zenaida macroura), common raven (Corvus corax), house finch (Haemorhous mexicanus), and California ground squirrel. Several suitable burrows were investigated. Most burrows were not currently active and have spiderwebs across the opening. One potential burrowing owl feather was found at a cluster of burrows approximately 75 feet north of the bridge centerline. The feather was old and indicate that an owl may have utilized the burrow at some time earlier in the year. No other indicators such as whitewash or owl pellets were observed. No recent evidence of owls was observed on - site. SUMMARY Suitable California ground squirrel burrows were observed on -site. No burrowing owls or recent sign of burrowing owls was observed on -site. No bird nests or bird species displaying nesting behavior were detected. The project area is not currently occupied by burrowing owls and does not contain any active or inactive bird nests. No additional biological monitoring is required at this time. Literature Cited California Bird Records Committee. 2022. Official California Checklist. Accessed online at: http://californiabirds.org/ca list.asp. California Burrowing Owl Consortium. 1997. Burrowing Owl Survey Protocol and Mitigation Guidelines. Journal of Raptor Research Report, The Raptor Research Foundation, Inc. California Department of Fish and Game (CDFG). 1995. Staff report on Burrowing Owl Mitigation. CDFG, Sacramento, CA. CDFG. 2012. Staff report on Burrowing Owl Mitigation. CDFG, Sacramento, CA. California Department of Fish and Wildlife (CDFW). 2022. Complete List of Amphibian, Reptile, Bird and Mammal Species in California. Accessed online at: https://nrm.dfg.ca.gov/FileHandier.ashx?DocumentlD=87155&inline CDFW. 2022. Special Animals List. February. Periodic publication. Sacramento, CA. Online at: httgs://nrm.dfci.ca.gov/FileHandler.ashx?DocumentlD=l 09406&inline. 4 APPENDIX A Photographs ® 353°N (T) OO 33.680683°N,117.1762820W ±9ft • 1428ft Photo 1. Looking north across the project area. ® 84°E (T) OO 33.680944°N,117.1764930W ±13ft • 1435ft ram— eT-.• -' _ - - T Photo 2. Looking east across the bridge site. Co 0 259°W (1) 40) 33.681269°N,117.176574°W t13ft ♦ 1435ft Photo 3. A single potential burrowing owl feather observed onsite. Note the poor condition of the feather which is an indicator that the site is not currently occupied. 0 246°SW (1) u 33.681277°N,117.176570°W t13ft ♦ 1431ft Photo 4. Suitable CA ground squirrel burrow observed on -site. 7 Pedestrian and Bicycle Collisions in Menifee: 2013-2017 Lake Elsinore Wldomar 0 0.5 1 7A a Leos Trf Ad o- PROJECT AREA Unincorporated 2 tt M iles w Unincorporated Collision Frequency Per 1/2-Mile Collision Severity Q Fatal & Severe injury 0 Other Injury 0 l/? . 2(1Y-1 3 T11YIS - Tiansportanon Inlar; >lappmi� S item ATP Maps & Summary Data The tool is designed to support the California Active Transportation Program (ATP), as well as active transportation users and practitioners throughout California. The tool utilizes interactive crash maps to allow users to track and document pedestrian and bicycle crashes and generate data summaries within specified project and/or community limits. Step 1: Select a County/City, Bike/Ped, Severity, and Years County: Riverside City: Menifee Include 1 mile buffer outside of selected County/City: No Include State Highway Related Crashes: Yes Involved With: Pedestrian and Bicycle Crash Severity: Fatal, Severe Injury, Other Visible Injury, and Complaint of Pain Year: 2016 - 2022 Crash Summary- for initial parameters defined above: dumber of Crashes by Crash Severity Involved With Fatal Severe Injury Visible Injury Complaint of Pain Total Bicycle 1 2 30 28 61 Pedestrian 12 10 21 25 68 lar,s 411m,herk:le.=dn,tc,ol J l/" 1.2023 TIMS - Transportation Injurd Mapping S, srem County/City Heat N/lap: Step 2: Identify your project area to develop a more localized Community Heat Map Select the size of your proposed project limits: Less than 3 miles across. s t lla•.C14 INaNad=-=- , m .aaR6 ` s 44 V II I UkaE •r• R.w •� # of Crashes 0 >= 14 ManWiW •=a i SNgs�Nd-=- V*. * v.sr ld. ! w awlo a, 1.k. ari— P W.W pups 'nms her'aley edwteols/atp/ 2/ 3 0'1/2) 1,iO3 3 TIMS - Transportation hnlurs, `/lapping System Community- Hcat Map: Step 3: Draw the project boundaries to get detailed crash data summaries and map °vaerr or a sun uy 3 'p MCCa>; viva ° e E — QandAvs O r � —C ft j hA -- '-1��� �._ _� .�._jo-_ — slmPwn Rd c E i � W- adq�m°a•Ra o� � :' -� tt -bAk, R iw wnh Hnnaywn Rd ' qA 3 ..°+` a 111 Or �;A v� vaawla Raxn Or Osr.�nu'/ •. a � Y IJL) 1.. 6 Cfwk Rd -Normandy to I r or.dra Rd Le a t C r a►.,r. o c Holland Rd Hya�� a rc .ra. caayv� ~. i r.d NJ pOF i CaaaFAv° 1 w6n s - Ilawirrei:o- .:strain Rd I Garhani Rd Garhard Rd z &nt # of Crashes 0 The treat map rrrtsnsrh sca/e is czJston? generated �r tine selected >= 6 comirloutl htrps ;tnri;'^erlceIt% cdu•tnnk,atpi },; a w 0 0 w= 0= o~C Z a Z Z a a Z a aLn O > > � � D � 3 N W a a w w a w W I— LnZ==ZZ=ZZw >' 0= w 0 0 w 0 0 w a w w a a w Q a w a= Z Z== Z== Z w M m t0 w tD LD w I, Ln Ln LP) Ln Ln Ln Ln Z I Q w ca Y N -cl- t0 Ln Z3, m --T r-1 N W >W LL O I a PrA A O LL LL LL V LL LL a w O O 00 0 0 00 0 w Ln Ln Ln Ln Ln Ln Ln 0�1 O W M M -;t U O rr-I O w O LL O w O Ln O LL w Ict w LD LD O Z Z Z Z z Z -i O m w w O m Ln I- l0 1� lD 00 O M N N r-I ci a -I N ri J J O U Wl0 N r-I w 1, w w m m r-I N N ri r-I c-I ri a -I ci a N N N N N N N N N 1Ln 00 \� \ r-I \ N C4 \ O 0) -4 M -i N N Ln `-I J J O U O 01 0) O O O O O O O lt.z* 0 0 0 0 0 0 m m m m m m m m m Ln M M m M M M M M m R D W w N N 1, I, w m m m r-I N N r-I r-I r-I r-I c-I r-I a 0 0 0 0 0 0 0 0 0 0 I N 1l I� ci N r-I In M M ut\D \ \ \ \ I O\l � ri ci c-I N r-I LL ri r-I H tD N ri t0 I, 00 00 Ol 01 Z r-I N N r-I -1 r-I -1 r-I r-I Lu 0 0 0 0 0 0 0 0 0 C) N N N N N N N N N U u a t N N M Olcd- tD t 0 O tD W Ln M O W W N 0) N 00 -td- Ln 1, r-I m O 1 M W N I, 00 �* O 1� M W -zt 00 Rt 00 00 LD I, N ri Ln O LO I, r-1 d' Il n 00 Cl) a 00 r-I r-1 00 00 00 00 00 00 V 00 00 l f IwFi 1 � T7 CL Qi L � Central Park .O L O cu I 0<�d�e � �! 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Q O > to m t cu a) m m E 72 O m cm N d � U N cc m �_ w N w N c � c N N N 1 �a�� ti 0) o O ti M J Q 1q O 6s � N O H ~ rn o z V co 0 0 Fl- LO J ° o m g z J Q J � ~ W Q z } J J z Q d J Z N n LO r c ._ D W U p + W U) m�(n W_ Z C7 W W U Z J �pw ch J Q c� 0 U D a m?w _o fA U) U OfW F- 3 f!1 m w w N C C N N W co Cl) Lu J I— Q O to m U Q IX O a P O O N = a v N O H Z LU W CZ7 Z co Q O W Z N O U � Q rn 7 d z O LL x � Z U W O m N U ? rn 7 p` Q rn W Z N N 2 Z u d rn U ¢ o E Q a v l a 0 0 O O J ci O O J F- Q 0 ~ O O O O Z 'n J Q � O m g z J J � Q O � ~ W Q z Z Q �ry V J 0 w J Q 2 U Q U Q W W J W W W *k Q Z U O D U > W J 0 w i JI■AAA 1861 W Redlands Blvd Redlands, CA 92373 (909)890-1255 DATE: 1/26/2023 CITY OF MENIFEE PALOMA WASH PEDESTRIAN BRIDGE - CONCEPT COST ESTIMATE SITE PREPARATION ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE COST 1 Mobilization LS 1 $25,00000 $25,00000 2 Erosion Control LS 1 $10,000.o0 $10,000.00 3 Traffic Control and Safety LS 1 $10,ocuoo $10,000.00 SUBTOTAL $45,000.00 TOTAL WITH CONTINGENCY 15% $51.750-Co REMOVAL 1 Isite Preparation/Removals I LS il 510,000 0D I Slum 0o STREET IMPROVEMENT 1 Pedestrian Trail -AC/Base (15'Wide) Construct 3" AC Pavement per Geotech Report TON 39 $110 00 $4,244.63 Construct 4" Crushed Aggregate Base per Geotech Report TON 51 $45 00 $2,315.25 2 Grading/Earthwork(Fill) CY 80 $3000 $2,400.00 3 Electrical LS 1 $50,00000 $50,00000 4 Decomposed Granite Trail on Park Site - 4" Thick SF 660 $20.00 $13,200.00 5 jMow Curb LF 150 $3, 00 $450.00 6 Replace Landscape/Irrigation LS 1 $30,000.00 $30,000.00 SUBTOTAL $112,609.88 TOTAL WITH CONTINGENCY 15% $129,501.36 TOTAL $181,251.36 31BRIDGE RROTHERS Date: January 6th, 2023 Project: Menifee — Paloma Wash Pedestrian Bridge Scope: Design/Engineering, Manufacturing, & Bridge Supply Company: Bridge Brothers, Inc. Contact: Kenny Adams e: sales@bridgebro[hers.com t: 866.258 3401 www.bridgebrothers.com Bridge Brothers scope will include all structural engineering associated with the bridges and issue our state stamped PE design package. The bridge structures and all associated designs will be in adherence to design standards for bridge structures. See below for further breakdown of our scope of work: Structural & Civil Engineering Included • PE Stamped Design & Calculation Package for the Bridges Bridge 1 Manufacturing: $873:499 • CITY (1) 14' x 171' Pedestrian Bridge • Bridge Design and Member Size is Based on Bridge Brothers Stamped Design • Weathering Steel • Box Pratt Configuration o Bowstring Truss Configuration Option (Not Box) — Less $108,562 • Prepped for concrete to be poured by others (6" deck) Shipped loose o PT Lumber Decking Option —Add $40,613 o IPE Lumber Decking Option —Add $232,782 • Horizontal Safety Railing o ADA Grabrail Included • PT Rub -rail Included o IPE Rub -rail Option —Add $8,819 • 90psf Uniform Live Load • H-10 Vehicle Loading • Freight to Project Site- 6 pc — (Value at time of pricing $79,000) TURNKEY PREFABRICATED BRIDGES _ 631 R RIDGE ROTHERS Bridee Brothers Terms and Conditions are to be siened Estimated Project Schedule • Structural Designs o 7 Weeks • Bridge Manufacturing & Freight e: sales@bridgebrothers.com t: 866.258.3401 www- bridge bro[hers.com o 24 Weeks from Approved Drawings and may change due to material lead- times. (Delivery estimate may vary due to material lead-times) The above scope is to be furnished complete in general accordance with plans and specifications of Bridge Brothers Standard Design. Bridge Brothers Terms and Conditions ore to be signed. All prices shown are valid for thirty (30) day. Unless otherwise agreed in writing, the information herein is a proposal only and should not be construed as a promise to perform absent the separate written consent of Bridge Brothers, Inc. Exclusions: Any item not listed, any inspection beyond visual, sales tax, permits, prevailing wage, material escalation costs, freight escalation, union ironworkers, liquidated damages, installation of bridge, consequential damages, excess material removal, mill delays, site elevation reference & centerline by others, site layout & control points and survey by others. Any proposed modification to the scope of work will be processed as a change order. Included in your proposal is one design revision to the engineered drawings, any further revisions at customers request will be billed at our engineering hourly rate in the form of a change order. Regards, Kenny Adams / Project Engineer / 770.696.8946 / kenny@bridgebrothers.com TURNKEY PREFABRICATED BRIDGES ATTACHMENT 2 (PROGRAM POLICIES) RIVERSIDE COUNTY TRANSPORTATION COMMISSION TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM ADOPTED POLICIES Transportation Development Act Policies 1. Up to 5% of Article 3 apportionment can be used to supplement other funding sources used for bicycle and safety education programs; the allocation cannot be used to fully fund the salary of a person working on these programs. 2. Article 3 money shall be allocated for the construction, including related engineering expenses, of the facilities, or for bicycle safety education programs. 3. Money may be allocated for the maintenance of bicycling trails, which are closed to motorized traffic. 4. Facilities provided for the use of bicycles may include projects that serve the needs of commuting bicyclists, including, but not limited to, new trails serving major transportation corridors, secure bicycle parking at employment centers, park and ride lots, and transit terminals where other funds are available. 5. Within 30 days after receiving a request for a review from any city or county, the transportation -planning agency shall review its allocations. 6. Up to 20 percent of the amount available each year to a city or county may be allocated to restripe Class II bicycle lanes. 7. A portion of each city's allocation may also be used to develop comprehensive bicycle and pedestrian plans. Plans must emphasize bike/pedestrian facilities that support utilitarian bike/pedestrian travel rather than solely recreational activities; a maximum of one entire allocation per five years may be used for plan development. 8. Allowable maintenance activities for the local funds are limited to maintenance and repairs of Class I off-street bicycle facilities only. RCTC Policies 1. The SB 821 Call for Projects will occur on a biennial basis, with a release date of the first Monday of every other February and a close date of the last Thursday of every other April, beginning in 2015. 2. If a project cannot be fully funded, RCTC may recommend partial funding for award. 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 Attachment 2 17336.00005\41471305.2 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 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. 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 20% of current Call for Project's programming capacity. 16. Awarded agencies can commence reimbursable project activities on July 1 of the Call Attachment 2 17336 00005A41471305 2 for Project fiscal year cycle. E.g.: for FY 23/24 Call for Projects, reimbursable work starts on July 1, 2023. 17. Awarded agencies have until October 1 of the Call for Project fiscal year cycle to execute the Memorandum of Understanding (MOU) with RCTC. E.g.: for FY 23/24 Call for Projects, MOUs must be executed by October 1, 2023 Attachment 2 17336.00005\41471305.2