17336.00005\41471305.2
1 AGREEMENT No. 24-62-010-00
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 August 23, 2023 (“Effective Date”), by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION (“RCTC”) and Cathedral City (“RECIPIENT”). RCTC and RECIPIENT may be referred to herein individually as a “Party” and collectively as the “Parties.”
RECITALS
A. RCTC is a county transportation commission created and existing pursuant to California Public Utilities Code Sections 130053 and 130053.5.
B. Under RCTC’s SB 821 Bicycle and Pedestrian Facilities Program (“PROGRAM”), cities and counties in the County of Riverside are notified of the availability of PROGRAM funding and a call for projects (“CALL FOR PROJECTS”) is anticipated to be issued biennially by RCTC.
C. On February 6 th, 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 Perez Rd Class IV Separated Bikeways 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 Five Hundred Ten Thousand Dollars ($510,000), 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 the maximum authorized in this Section 2 unless otherwise 17336.00005\41471305.2
2 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 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 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 increase. Any such increase in the FUNDING AMOUNT must be approved in writing by 17336.00005\41471305.2
3 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 Temporary Improvements. 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, if the RECIPIENT fails to repay RCTC within a reasonable time period not to exceed one 17336.00005\41471305.2
4 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 One Hundred Seventy Thousand Dollars ($170,000) 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 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 17336.00005\41471305.2
5 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 specific obligations contemplated herein, this AGREEMENT may not be assigned by any Party hereto except with the prior written consent of the other Party. 17336.00005\41471305.2
6 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 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 17336.00005\41471305.2
7 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: TO RECIPIENT:
Anne Mayer
Executive Director
RCTC
4080 Lemon Street, 3rd Floor
Riverside, California 92501
Phone: (951) 787-7141
e-mail: [email protected]
Armando Baldizzone
City Engineer
Cathedral City
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
(760) 770-0329
[email protected]
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 is 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. 17336.00005\41471305.2
8 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.
19. Governing Law; Venue and Severability. 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 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. 17336.00005\41471305.2
9 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.
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17336.00005\
41471305.2
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SIGNATURE PAGE
TOTO
AGREEMENT NO. 2424-62-010-
0000
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AGREEMENT FOR FUNDING UNDER SB 821 BICYCLE AND PEDESTRIAN
FACILITIES PROGRAM
IN WITNESS WHEREOF, the Parties have caused this
AGAGREREEMENTto be signed by their
duly authorizedrepresentatives as of the Effective Date.
RCTC
By:_
___________________________
Anne Mayer, Executive Director
RECIPIENT
CATHEDRAL CITY
By:___
__
_________________________
Name:
_______________________
__
__
Title:__________________________
APPROVED AS TO FORM
Best, Best & Krieger LLP
By:_ _______________________
General Counsel to RCTC
APPROVED AS TO FORM
By: _______
_________________
_____
Name: ______________________
_____
Title: ____
__
_
_______________________
17336.00005\41471305.2
Attachment 1
ATTACHMENT 1
(RECIPIENT APPLICATION FOR FUNDING)
Questionnaire Tab
Email address:
Project Name:
Has this Project been previously awarded in a past SB 821 Cycle? NoNo
Yes, in 17-18 FY Cycle
Yes, in 19-20 FY Cycle
Yes, in 21-22 FY Cycle
Lead Agency:
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: *
Email address: *
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.
Project Contact is the same as current user
Project Contact Person: *
Title: *
Email address: *
Phone Number: *
Project Overview
Project Type (check all that apply) *
Bicycle Project
Pedestrian Project
Multi-use Trail Project
Non-Infrastructure/Plan
Project Locate in a Disadvantage Community, per SB-535? * Yes
NoNo
Partial
Does the proposed project include any of the following (check all that apply)? * Curb
Gutter
Driveway Ramp
Project does not include any of the above
Project Application Tab
Project Number: 000167Agency: Cathedral
City
Project Type: Bicycle Project
Project Name: Perez Rd Class IV Separated
Bikeways
Status: Submitted To RCTC
A. Scope of Work (500 Characters)
504 of 500 Characters
B. Funding
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, SB 821 Request, and the Percentage Splits.
PA & ED:
PS & E:
ROW:
Construction:
Administration:
Total Project
Cost:
Agency Split %
Local Match:
SB 821
Request:
RCTC Split %
Local Match:
SB 821
Request:
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 and attach in section J.
PA & ED:
PS & E:
ROW:
Construction:
Close out:
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, 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.
Cathedral City recently adopted an Active Transportation Plan (ATP) in February 2023, which provides a framework for improving mobility conditions for pedestrians, bicyclists, and transit users and supporting safe connections to key destinations throughout the City. Bicycle projects were identified based on extensive community outreach and analysis of existing conditions. Outreach included stakeholder working group meetings, in-person events, multiple rounds of bicycling audits, and surveys. Existing conditions assessments were conducted for network connectivity, roadway conditions, environmental issues, safety, crash data, equity, and considerations for the most vulnerable roadway users such as children, seniors, and historically disadvantaged populations. Based on additional ATP scoring factors for technical complexity, cost, community priority, and whether improvements were already included within local / community plans, Class IV separated bikeway facilities on Perez Road were identified as a top-scoring near-term priority project. The project includes improvements to Perez Road from Cathedral Canyon Drive to Date Palm Drive. Perez Road is a 4-lane major highway with a curb-to-curb width of 76 feet, that runs east-west and is divided by a two-way left-turn lane. There are curbs, gutters, sidewalks, and pedestrian curb ramps along both sides of the roadway. The posted speed limit is 40 miles per hour (MPH) and based on counts collected between 2017 and 2018, there is 12,000 average daily traffic (ADT). The project corridor is a truck route and the immediate project area is zoned for light industrial. Adjacent land uses include commercial, mixed use, residential, and open space. SunLine Transit Agency Route 2 runs on Perez Road and there are two bus shelters along the project corridor.
Socioeconomic analyses conducted in the Cathedral City ATP identifies Perez Road as having the highest employment density in the City with 2020 data estimating over 3,000 jobs per square mile; having a population of low income households (low income/total households) between 41% and 50%; and being an Southern California Association of Governments (SCAG) environmental justice priority area. Communities impacted by environmental justice include low-income communities that are commonly affected by environmental degradation and air pollution, are correlated with higher percentage of zero-care household communities, and have transportation analysis zones (TAZs) with a higher concentration of minority populations and households in poverty compared to the greater SCAG region. Community outreach feedback and bicycle audits that were conducted during the day and at night found that the prevalence of red-curb with intermittent on-street parking along the project corridor in both directions created defacto 22-foot wide number two outside lanes, with vehicular speeding regularly observed. This condition coupled with high volumes of medium and heavy-duty vehicles and a lack of bicycle infrastructure, led to the project corridor being identified in the Cathedral City ATP as having the highest score for level of traffic stress (LTS). Outreach feedback demonstrated a strong community desire for safe east-west bicycle facilities and identified Perez Road as the preferred alternative. The Whitewater River, located just north of the project corridor, generally runs northeast-southwest and bisects the southern end of Cathedral City. East Palm Canyon Drive is the primary east-west roadway in the area. However, the arterial highway has no existing bicycle facilities and serves between 37,000 and 47,000 ADT, which is also not conducive to safe bicycling conditions. The proposed project will provide a critically needed east-west bicycle facility that will provide a connection to major local roadways, transit, and adjacent key community destinations. The Class IV separated bikeways will include a 7-foot bike lane adjacent to existing curb, a 4-foot horizontal buffer zone with vertical flexible post delineators spaced 10-feet apart, dashed green colored pavement markings at conflict points with intersection crossings and driveways, a bicycle box for the westbound approach at Cathedral Canyon Drive, bicycle detection and vehicle loop detection at the signalized intersections with Cathedral Canyon Drive and Date Palm Drive, pavement improvements to ensure a smooth and level surface for bicyclists, and new roadway signage and striping. Class IV bicycle facilities will be installed on both sides of the project corridor utilizing the existing public right-of-way. The proposed project will increase the active transportation network connectivity for the southern area of the City by providing access to alternative modes of travel.
Attachment 1, provided in section J, includes project vicinity and area maps, existing and proposed project improvement exhibits, typical cross- section exhibits, photos of existing conditions, a SB-535 disadvantaged community map, and Cathedral City Active Transportation Plan exhibits.
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 2 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 Perez Road Class IV separated bikeways project will enhance connectivity to 36 community destinations that are within a 2-mile radius of the project corridor, including 8 arts/tourist attraction destinations, 2 medical facilities, 6 open space destinations, 7 public facility/civic destinations, 4 schools, and 9 shopping center destinations. Attachment 2, provided in section J, includes vicinity and project area maps that illustrate the location of the community destinations relative to the project corridor. Arts/tourist attraction destinations:
• Big League Dreams
Cathedral City Sports Complex • Regency Cathedral City 10 Theater • Cathedral Canyon Golf Club
• Boomers Amusement Center
• Date Palm
Country Club • Pickford Theater
• Coachella Valley Repertory Theater
• Agua Caliente Casino Medical facility destinations: • Eisenhower Primary Care – Cathedral City • Eisenhower Health Center at Cathedral City - North Open space destinations:
• Ocotillo Park • Patriot Park
• Cathedral
City Festival Lawn • Town Square Park
• Dunn Access Road Trailhead • Cathedral Canyon Trailhead Public facility/civic destinations: • United States Postal Service Office • Cathedral City Branch Library • Riverside County of Adult/Public Social Services
• Cathedral City Police Department
Cathedral City City Hall • Cathedral City Fire Department Station 411 • Cathedral City Community/Senior Center School destinations: • Cathedral City Elementary School • Mayfield College
• Nellie N. Coffman Middle School
• Palm Valley School Shopping center destinations:
• Cathedral City
Marketplace • Esplanade • Canyon Plaza Shopping Center
• Mission Plaza • Auto Plaza
• Perez Business Park
• Cathedral City Plaza
• Palm Canyon
Plaza • Cathedral Canyon Gateway Plaza
F. Safety (max 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.
Upload map in section J.
The Perez Road Class IV separated bikeways project includes a variety of safety enhancements. The United States Department of Transportation (USDOT) Federal Highway Administration (FHWA)’s list of proven safety countermeasures includes bicycle lanes and notes that providing a lateral offset with painted buffers to further separate bicyclists from vehicle traffic is preferred in addition to typical bicycle lane paint striping. The FHWA’s Bikeway Selection Guide states that installing separated bikeways are most appropriate for streets with high volumes in urban or suburban areas. Adding vertical elements, such as flexible posts, further enhances visibility and roadway delineation for all roadway users. Studies have shown that physically separated bikeways with buffered bicycle lanes and flexible posts have greater actual and perceived safety and comfort. The Caltrans Local Roadway Safety Manual (V1.6) for countermeasure R33PB: Install Separated Bike Lanes states that separated bicycle lanes provide increased safety for bicyclists, in comparison to conventional bicycle lanes, because the physical separation of bicyclists from motor traffic can offer higher levels of protection, comfort, and are more attractive to a wider spectrum of the public. This countermeasure has a crash reduction factor (CRF) of 45%, which can potentially reduce future crash incidence and severity. Countermeasure S20PB: Install advance stop bar before crosswalk (Bicycle Box) notes that providing an advanced stop bar before striped crosswalks in dedicated spaces often refer to as “bicycle boxes” provides an opportunity to enhance both pedestrian and bicycle safety. Stopping cars further in advance of the crosswalk provides a buffer between the vehicles and the crossing pedestrians. Providing dedicated space for bicyclists also increases visibility for drivers. This countermeasure has a CRF of 15%, which further enhances reductions in future crash incidence and severity. Crash data from the University of California, Berkeley Safe Transportation Research and Education Center (SafeTREC) Transportation Injury Mapping System (TIMS) for the most recent ten years of data, from January 1, 2011 to December 31, 2020, identified one vehicle-bicycle collision that occurred 13 ft west of the signalized intersection of Perez Road and Date Palm Drive. The crash resulted in an other visible injury of a 54-year old female bicyclist and primary collision factor was an automobile right-of-way violation. Attachment 3, provided in section J, includes the TIMS Active Transportation Program (ATP) Maps & Summary Data Report with a County/City heat map, community heat map, project area crash map, crash summary, and crash list. The proposed project includes improvements, within the existing right-of-way, to both sides of the roadway for: 7-foot bike lanes adjacent to the existing curb, a 4-foot horizontal painted buffer zone, flexible post delineators spaced 10-feet apart, dashed green colored pavement markings at conflict points with intersection crossings and driveways, a bicycle box for the westbound approach at Cathedral Canyon Drive, bicycle detection and vehicle loop detection at the signalized intersections with Cathedral Canyon Drive and Date Palm Drive, pavement improvements, and new roadway signage and striping. In the 2019 Cathedral City Citywide Speed Survey Evaluation Report, Perez Road was identified to have an 85th- percentile speed of 45 MPH between Cathedral Canyon Drive and Date Palm Drive. It was recommended that the posted speed limit remain at 40 MPH due to a lack of bicycle facilities, high collision rate, on-street parking, curved roadway, and commercial driveways. The Perez Road Class IV separated bikeways will increase safety by narrowing the roadway, which will provide additional traffic calming. Based on an assessment of pavement conditions, a rubberized emulsion asphalt slurry was identified as an improvement for the project corridor. This will further enhance bicyclist safety by creating a level, smooth, and rideable surface. The project improvements are in accordance with USDOT, FHWA, and Caltrans guidelines, including the February 2022 Caltrans Design Information Bulletin DIB89-02, which updates the Class IV Bikeway Guidance and Highway Design Manual (HDM). The goal of the project is to address the high level of traffic stress (LTS) identified for the project corridor while providing a critically needed east-west bicycle facility in the southern area of the City to address the community needs and feedback identified in the Cathedral City ATP. Attachment 3, provided in section J, includes the UC Berkeley SafeTREC TIMS ATP Maps and Summary Data Report and the Perez Road Citywide Speed Survey Findings.
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.
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. 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.
The Perez Road Class IV separated bikeways project will enhance and encourage multi-modalism by providing connections to the bicycle, pedestrian, and transit networks. The project would provide an east-west bicycle connection between Cathedral Canyon Drive and Date Palm Drive, which are respectively secondary highway and arterial roadways with north-south Class II bicycle lanes. There are sidewalks along the project corridor on both sides of the roadway. The City recently constructed new sidewalks and ADA curb ramps along the project corridor, based on priorities identified in the Cathedral City ATP, to close gaps in the pedestrian network between commercial retail driveways. There are two SunLine Transit Agency bus shelters located on the Perez Road corridor. The proposed project would provide additional first and last-mile connections for transit users to reach community destinations within Cathedral City, Palm Springs, Desert Hot Springs, and Rancho Mirage.
Attachment 4, provided in section J, includes vicinity and project area maps that illustrate the bike lanes, sidewalks, and transit routes and stops that are within a 2-mile radius of the project corridor. Bicycle Facilities • CV Link Class I multi-use bicycle, pedestrian, and low-speed electric vehicles (LSEV) path • Class II bike lanes along Cathedral Canyon Drive, Date Palm Avenue, Gerald Ford Drive, and Victoria Drive • Class III
bike routes along Bankside Drive, Buddy Rogers Avenue, Cathedral Canyon Drive, Converse Road, D Street, Pickfair Street, Plumley Road, and Van Fleet Avenue Pedestrian Facilities • Sidewalks and curb ramps along both sides of the roadway along the project corridor • Sidewalks on both
ends of the project corridor at Cathedral Canyon Drive and Date Palm Drive Transit Facilities • SunLine Transit Agency Route 1WV: Palm Springs- Cathedral City-Rancho Mirage • SunLine Transit Agency Route 2: Desert Hot Springs-Palm Springs-Cathedral Canyon •35 SunLine Transit Agency
Bus Stops, including 2 bus shelters along the project corridor Park-and-Ride Facility at Cathedral City Downtown Parking Structure H. Matching Funds (max 10 points)
Local Match:
SB 821 Request:
50% 1010
45% 9
40% 8
35% 7
30% 6
25% 5
20% 4
15% 3
10% 2
5%5% 1
0%0% 0
I. Population Equity (max 5 points)
Agency: Cathedral City Population Equity Points
J. Attachments
Upload attachments indicated from previous sections.
1-D_Project Background & Project Description.pdf Project Background & Project Description Map 2-E_Destinations Served.pdf Destinations Served Project Map 3-F_Safety.pdf Safety Project Map
4-G_Multimodal Access.pdf Multimodal Access Project Map 5_Commitment to Local Match.pdf Commitment to Local Match 6_Projects Engineers Estimate.pdf Project's Engineers Estimate K. Certification
I certify that the information presented herein is complete and accurate.
Name: Ashley Adamos
Date: 04/27/2023
Title: Senior Management Analyst
PROJECT VICINITY AND AREA MAPS
LEGEND:
VICINITY MAP
PROJECT AREA MAP
D1D1
FY 23-24 TDA ARTICLE 3 / SB 821 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM
ATTACHMENT
CITY OF CATHEDRAL CITY
EXISTING CONDITIONS
EXISTING SIGN LEGEND:
FY 23-24 TDA ARTICLE 3 / SB 821 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM CITY OF CATHEDRAL CITY
CATHEDRAL CANYON DR
PEREZ RD
SUMMIT DR
TYPICAL EXISTING CROSS-SECTIONS
PROPOSED CONDITIONS
FY 23-24 TDA ARTICLE 3 / SB 821 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM CITY OF CATHEDRAL CITY
CATHEDRAL CANYON DR
PEREZ RD
SUMMIT DR
EXISTING SIGN LEGEND:
LEGEND:
TYPICAL PROPOSED CROSS-SECTIONS
PROPOSED SIGN LEGEND:
PHOTOS OF EXISTING CONDITIONS KEY MAP
LEGEND:
FY 23-24 TDA ARTICLE 3 / SB 821 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM
ATTACHMENT
CITY OF CATHEDRAL CITY D3-1
AttachmentD3‐2
1. Cathedral Canyon Drive North of Perez Road (Looking Southbound) ExistingclassIIbicyclelanesonCathedralCanyonDrivethatwouldconnecttotheproposedclassIV separatedbikewayimprovementsonPerezRoad.
2. Perez Road East of Cathedral Canyon Drive (Looking Eastbound) Transitionfrom3‐to‐2eastboundthroughlanes,including22‐footwide number2lane.SunLineTransit AgencyRoute2BusShelter.
AttachmentD3‐3
3. Perez Road west of Summit Drive (Looking Eastbound)
Typicaltwo‐wayleft‐turnlanewith22‐footwide numbertwolane.SunLineTransitAgencyRoute2Bus Shelter.
4. Date Palm Drive south of Perez Road (Looking Northbound) ExistingclassIIbicyclelanesonDatePalmDrivethatwouldconnecttotheproposedclassIVseparated bikewayimprovementsonPerezRoad.
SB-535 DISADVANTAGED COMMUNITY MAP
LEGEND:
D4D4
FY 23-24 TDA ARTICLE 3 / SB 821 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM
ATTACHMENT
CITY OF CATHEDRAL CITY
Cathedral City | Active Transportation Plan
EXISTING CONDITIONS FEBRUARY 2023
11 FIGURE 4: CATHEDRAL CITY EXISTING EMPLOYMENT DENSITY (2020)
Cathedral City | Active Transportation Plan
EXISTING CONDITIONS FEBRUARY 2023
14 FIGURE 6: CATHEDRAL CITY LOW INCOME HOUSEHOLDS (2020)
Cathedral City | Active Transportation Plan
EXISTING CONDITIONS FEBRUARY 2023
26 FIGURE 14: CATHEDRAL CITY AVERAGE DAILY TRAFFIC
Cathedral City | Active Transportation Plan
EXISTING CONDITIONS FEBRUARY 2023
34 FIGURE 18: CATHEDRAL CITY LEVEL OF TRAFFIC STRESS
Cathedral City | Active Transportation Plan
EXISTING CONDITIONS FEBRUARY 2023
47 FIGURE 25: CATHEDRAL CITY ENVIRONMENTAL JUSTICE AREAS
VICINITY MAP
LEGEND:
FY 23-24 TDA ARTICLE 3 / SB 821 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM
ATTACHMENT
CITY OF CATHEDRAL CITY
E1-1
PROJECT MAP
LEGEND:
FY 23-24 TDA ARTICLE 3 / SB 821 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM
ATTACHMENT
CITY OF CATHEDRAL CITY E1-2
04/06/2023 TIMS - Transportation Injury Mapping System
https://tims.berkeley.edu/tools/atp/ 1/6
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: Cathedral City
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: 2011 - 2020
Crash Summary for initial parameters defined above:
Number of Crashes by Crash Severity
Involved WithFatal Severe InjuryVisible InjuryComplaint of PainTotal Bicycle 4 5 31 24 64
Pedestrian 22 16 40 31 109
04/06/2023 TIMS - Transportation Injury Mapping System
https://tims.berkeley.edu/tools/atp/ 2/6
County/City Heat Map:
Step 2: Identify your project area to develop a more localized Community Heat Map
Select the size of your proposed project limits: <!-- Project has limits that are -->Less than 3 miles across.
The heat mapintensity scale isconstantthroughout thestate. 04/06/2023 TIMS - Transportation Injury Mapping System
https://tims.berkeley.edu/tools/atp/ 3/6
Community Heat Map:
Step 3: Draw the project boundaries to get detailed crash data summaries and map
The heat map intensity scale iscustom generated for theselected community. 04/06/2023 TIMS - Transportation Injury Mapping System
https://tims.berkeley.edu/tools/atp/ 4/6
Project Area Crash Map: 1 total crashes.
Step 4: Review the project-specific crash map
04/06/2023 TIMS - Transportation Injury Mapping System
https://tims.berkeley.edu/tools/atp/ 5/6
Step 5: Review the crash summary data, graphs and tables provided.
Summary Results
Involved WithFatal Severe InjuryVisible InjuryComplaint of PainTotal Bicycle 0 0 1 0 1
Pedestrian 0 0 0 0 0
Crash List
CASE ID Date Time Primary Rd Secondary Rd Dist & Dir
from Int.
Bike Ped Killed Injured
5615702 01/30/2012 11:36 Perez Rd Date Palm Dr 13 ft West Yes No 0 1 04/06/2023 TIMS - Transportation Injury Mapping System
https://tims.berkeley.edu/tools/atp/ 6/6
VICINITY MAP
LEGEND:
G1-1
FY 23-24 TDA ARTICLE 3 / SB 821 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM
ATTACHMENT
CITY OF CATHEDRAL CITY
PEDESTRIAN AND BICYCLE FACILITIES MAP
LEGEND:
G1-2
FY 23-24 TDA ARTICLE 3 / SB 821 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM
ATTACHMENT
CITY OF CATHEDRAL CITY
TRANSIT ACCESS MAP
LEGEND:
G1-3
FY 23-24 TDA ARTICLE 3 / SB 821 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM
ATTACHMENT
CITY OF CATHEDRAL CITY
68700 Avenida Lalo Guerrero | Cathedral City | California | 92234 www.cathedralcity.gov
April 27, 2023
Riverside County Transportation Commission
Attn: Jenny Chan
4080 Lemon St, 3rd Floor
Riverside, CA 92502
Subject: Commitment to Local Match for TDA Article 3 (SB 821) Perez Road Class IV SeparatedBikeways Grant
Application
DearRiverside County Transportation Commission,
This letter provides confirmation of the City of Cathedral City’s commitment to prproviding $170,000 of l
ocal share matching funds for the Perez Road Class IV Separated Bikeways project.
Funding for this project will be provided by the City Traffic Safety Fund. Thi project provides an
important opportunity to
increase connectivity to the City’s bicycle network, enhance roadway safety, and improve access to alternative modes of transportation.
Cathedral City appreciates
the
opportunity to apply for
T
DA A
rticle 3 (SB 821)
prprogram
funding. Should you have a
ny questions regarding this
etter
of commitment, please do not
hesitate to contact me at (
760) 770-0327 or at
abaldizz
[email protected]
. Thank you for
your consideration.
Sincerely,
Armando J. G Baldizzone, P.E.
City Engineer
Engineering Department
760-770-0329
6-1
RCTC TDA Article 3 (SB 821) Grant Program
Project: Cathedral City Perez Road Class IV Separated Bikeways Construction Cost Estimate
# Description Quantity Unit Unit
Price Amount
1 Mobilization 1 LS $35,000 $35,000
2 Traffic Control 1 LS $30,000 $30,000
3 SWPPP Preparation & Implementation 1 LS $10,000 $10,000 4 Signing and Striping Improvements 1 LS $150,000 $150,000 5 Install Traffic Loop Detectors for Vehicles and Bicycles 1 LS $6,000 $6,000 6 Apply Rubberized Emulsion Asphalt Slurry 1 LS $230,000 $230,000 Construction Subtotal $461,000
Contingency (20%) $92,000
Construction Management $82,000
Construction Grand Total $635,000
Total Project Costs
Project Phase Total
PA&ED $5,000
PS&E $30,000
ROW $0
Construction $635,000
Administration $10,000
Total Project Cost $680,000
Local Match (25%) $170,000
SB 821 Request (75%) $510,000
17336.00005\41471305.2
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 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 17336.00005\41471305.2
Attachment 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 17336.00005\41471305.2
Attachment 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