17336.00005\41471305.2
1 AGREEMENT No. 24-62-011-00
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 Whispering Palms Trail Class III Bike Routes 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 Dollars ($690,000), 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 Three Hundred Seventy Two Thousand Dollars ($372,000) 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]
cc: [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.
[SIGNATURES ON NEXT PAGE]
17336.00005\41471305.2
1010
SIGNATURE PAGE
TOTO
AGREEMENT NO. 2424-6262-011-0000
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AGREEMENT FOR FUNDING UNDER SB 821 BICYCLE AND PEDESTRIAN
FACILITIES PROGRAM
IN WITNESS WHEREOF, the Parties have caused this AGREEMENT to be signed by their duly authorized representatives as of the Effective Date.
RCTC
By:____________________________
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: 000188 Agency: Cathedral
City
Project Type: Bicycle Project
Project Name: Whispering Palms Trail Class III
Bike Routes
Status: Submitted To RCTC
A. Scope of Work (500 Characters)
364 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 included 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 were evaluated. Based on additional ATP scoring factors for technical complexity, cost, community priority, and whether improvements were already included within local / community plans, Class III bicycle routes on Whispering Palms Trail were identified as a top-scoring priority project. Improvements to Whispering Palms Trail will be from 30th Avenue to Dinah Shore Drive. Whispering Palm Trail runs north-south and is a 2-lane undivided local roadway with a posted speed limit of 25 miles per hour (MPH) and curb-to-curb width of 40 feet. There are curbs, gutters, and intermittent sidewalks and pedestrian curb ramps along both sides of the roadway. The project corridor is zoned for single family residential except near the intersection with Ramon Road, which is a commercial area. Landau Elementary School and Mount San Jacinto High School are located adjacent to the north end of the project corridor. SunLine Transit Agency Route 4 runs along 30th Avenue and there are two bus stops located to the east near the intersections of 30th Avenue with Avenida Maravilla and Avenida Ximino. SunLine Transit Agency Route 2 runs along Ramon Road and there are four bus stop shelters located adjacent to the signalized intersection of Whispering Palms Trail and Ramon Road, including two to the west near Landau Boulevard and two to the east near Sky Blue Water Trail. Socioeconomic analyses conducted in the Cathedral City ATP identifies Whispering Palms Trail as having the highest population density in the City with 2020 data indicating between 4,063 and 13,860 people per square mile; having a population of low income households (low income/total households) between 41% and 60%; having a school age population (ages 5 to 17) between 11% and 25%; having a population of households with limited English proficiency between 0% and 7%; 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. Landau Elementary School and Mount San Jacinto High School are Title I schools that receive federal education program support for low-income students. Landau Elementary School has a 2022-2023 school year enrollment of 608 students, with
98.3% of students eligible for free and reduced-price meals (FRPM). Mount San Jacinto High School has a 2022-2023 school year enrollment of 426 students with 98.7% FRPM. The majority of students at both schools walk or bike to travel to and from school. The proposed project will provide a critically needed north-south bicycle facility that will connect residential areas to local schools, transit, and adjacent key community destinations. Landau Boulevard is a parallel roadway just west of Whispering Palms Trail, that runs from Vista Chino to Ramon Road. It is a 4-lane major highway divided by a two-way left-turn lane with a posted speed limit of 45 MPH and conventional Class II bicycle lanes. Based on counts collected between 2017 and 2018, Landau Boulevard has 19,000 average daily traffic (ADT). Community outreach feedback and bicycle audits that were conducted during the day and at night found that residents utilize Whispering Palms Trail as an alternative to walking and bicycling on Landau Boulevard due to lower vehicular volumes and speeds. Residents with school age children have students from age 5 to 17 that walk and bike along the project corridor to local schools. Residents have expressed a desire for pavement improvements to create an even surface for bicycling and for bicycle and wayfinding signage to enhance safety. Outreach feedback also demonstrated a strong community desire for the Class III bike routes to enhance connectivity to the recently constructed 2.3 mile segment of the CV Link, a Class I multi-use bicycle, pedestrian, and low-speed electric vehicles (LSEV) path, between Ramon Road in Cathedral City and Vista Chino in Palm Springs. The CV Link – Ramon Road access point is located approximately 0.5 mile east of the project intersection of Whispering Palms Trails and Ramon Road. The Class III bicycle routes project will include shared lane / sharrow pavement markings, bicycle route and wayfinding signage, and bicycle boxes and bicycle detection for the northbound and southbound approaches of Whispering Palm Trails at the signalized intersection at Ramon Road, pavement improvements to ensure a smooth and level surface for bicyclists, and new roadway signage and striping. The Class III bicycle route improvements 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 and provide enhanced safety for residents that walk and bike on the project corridor to reach key local and regional community destinations. 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, and a SB-535 disadvantaged community map.
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 Whispering Palms Trail Class III Bike Routes project will enhance connectivity to 53 community destinations that are within a 2-mile radius of the project corridor, including 11 arts/tourist attraction destinations, 4 medical facilities, 8 open space destinations, 8 public facility/civic destinations, 10 schools, and 12 shopping center destinations. Attachment 2, provided in section J, includes vicinity and project area maps that illustrate the community destinations relative to the project corridor. Arts/tourist attraction destinations: • Desert Princess Country Club • Cimarron Golf Resort • Palm Springs Lanes • 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: • Stonewall Medical Center • Centro Medico Cathedral City • Eisenhower Primary Care Center • Eisenhower Health Center at Cathedral City - North Open space destinations: • Rio Vista Circle Park • Panorama Park • Dennis Keat Soccer Park • Century Park • Ocotillo Park • Patriot Park • Cathedral City Festival Lawn • Town Square Park Public facility/civic destinations: • Canyon Springs Developmental Center • United Stated Postal Service Office • Cathedral City Branch Library • County of Riverside 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: • Rio Vista Elementary School • James Workman Middle School • Landau Elementary School • Agua Caliente Elementary School • Mt San Jacinto High School • Sunny Sands Elementary School • Nellie N Coffman Middle School • Mayfield College • Cathedral City Elementary School • Palm Valley School • Mt San Jacinto High School • Sunny Sands Elementary School • Cathedral City Elementary School Palm Valley School Shopping center destinations: • Ramon Plaza • Century Plaza Shopping Center • Cathedral Village Shopping Center • Cathedral City Marketplace • Canyon Plaza Shopping Center • Esplanade Shopping Center • Mission Plaza Shopping Center • Jessup 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 Whispering Palms Trail Class III Bike Routes project will enhance bicycle safety by repairing unsafe pavement conditions and providing enhanced signing and striping to increase bicycle safety. The United States Department of Transportation (USDOT) Federal Highway Administration (FHWA) Bikeway Selection Guide notes that shared lanes, where bicyclists ride in mixed traffic, can be a positive and affordable solution when designed correctly and used in the correct context. Research indicates that shared lane markings (SLM) and signs can inform people driving that bicyclists may operate in the lane, show where to expect cyclists, and can decrease the prevalence of sidewalk riding. The California Manual of Uniform Traffic Control Devices (CA MUTCD) recommends that bike routes that are shared with motor vehicles be restricted to low-volume and low-speed roadways with operating speeds of 35 MPH or less and that SLM or “sharrow” roadway markings and signs be utilized to enhance bicycle awareness and safety. 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 3 bicycle collisions and 5 pedestrian collisions that occurred along the project corridor. The bicycle collisions included 1 other visible injury of a 13-year old and 2 complaint of pain injuries, involving a 9-year old and 12-year old. The primary collision factors were 1 unsafe speed and 2 wrong side of road. The pedestrian collisions included 1 fatality of a 52-year old and 4 other visible injuries, involving an age range from 16-years old to 54-years old. The primary collision factors were 3 pedestrian violations, 1 pedestrian right-of-way violation, and 1 other hazardous 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 shared lane / sharrow pavement markings, bicycle route and wayfinding signage, and bicycle boxes and bicycle detection for the northbound and southbound approaches of Whispering Palm Trails at the signalized intersection at Ramon Road, pavement improvements to ensure a smooth and level surface for bicyclists, and new roadway signage and striping. Based on an assessment of pavement conditions, improvements were identified for the project corridor. The City is providing matching funds, as part of the fiscal year 2023-2024 annual budget, by removing and replacing 3 inches of AC along the project corridor from Vega Road to Baristo Road. A rubberized emulsion asphalt slurry will be applied to remainder of the corridor from 30th Avenue to Vega Road and from Baristo Road to Dinah Shore Drive. This will further enhance bicyclist safety by creating a level, smooth, and rideable surface. Solar radar speed feedback signs will also be installed along the project corridor near 30th Avenue, Ramon Road, and Dinah Shore Drive to provide a visual warning to drivers that are travelling over the speed limit. Speed surveys conducted along the project corridor found that the 85th percentile speed rose from 27 MPH in 2017 to 35 MPH in 2020, which are above the 25 MPH posted speed limit. The City recently performed a speed survey analysis for the project corridor in March 2023 and found that the 85th percentile speed were 35 MPH, which is 10 MPH above the posted speed limit. They study recommended the installation of speed display signage. Project improvements are in accordance with USDOT, FHWA, CA MUTCD, and Caltrans guidelines, including the July 2020 Highway Design Manual Chapter 1000 Bicycle Transportation Design for Class III bike routes. The goal of the project is to enhance safety for some of the City’s most vulnerable roadway users, school-age children and seniors, who utilize active transportation along the project corridor to access important community destinations such as schools, retail, and transit. This project directly addresses 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, Landua Elementary School and Mount San Jacinto High School Demographics, 2017 and 2020 Whispering Palms Trail Speed Surveys, and 20203 Whispering Palms Trail Speed Survey Analysis and Recommendations.
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 Whispering Palms Trail Class III Bike Routes project will enhance and encourage multi-modalism by providing connections to the bicycle, pedestrian, and transit networks. The project would provide a north-south bicycle connection between 30th Avenue and Dinah Shore Drive.
There are Class II bicycle lanes along 30th Avenue and Landau Boulevard. There are intermittent sidewalks and pedestrian curb ramps along the project corridor on both sides of the roadway, which connect to sidewalks along the major roadway crossings at 30th Avenue, McCallum Way, Ramon Road, Ortega Road, and Dinah Shore Drive. SunLine Transit Agency Route 4 runs along 30th Avenue and there are two bus stops located to the east near the intersections of 30th Avenue with Avenida Maravilla and Avenida Ximino. SunLine Transit Agency Route 2 runs along Ramon Road and there are four bus stop shelters located adjacent to the signalized intersection of Whispering Palms Trail and Ramon Road, including two to the west near Landau Boulevard and two to the east near Sky Blue Water Trail. The proposed project would provide additional first and last-mile connections for transit users to reach community destinations within Cathedral City, Palm Springs, Thousand Palms, Rancho Mirage, Palm Desert, and Indian Wells. 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 bicycle lanes along Vista Chino, Landau Boulevard, 30th Avenue, Cathedral Canyon Drive, Date Palm Drive, and Gerland Ford Drive • Class III bicycle routes along Verona Road, Avenida Quintana, Avenida Maravilla, Tachevah Drive, Avenida del Yermo, Ortega Road, Plumley Road, Victoria Drive, Converse Road, Buddy Rodgers Avenue, Van Fleet Street, D Street, Hillcrest Road, and Bankside Drive Pedestrian Facilities • Sidewalks and curb ramps along both sides of the roadway along the project corridor Sidewalks along the major roadways that intersect with the project corridor, including 30th Avenue, McCallum Way, Ramon Road, Ortega Road, and Dinah Shore Drive • Sidewalks along Vista Chino, Landau Boulevard, Avenida Maravilla, Date Palm Drive, Tachevah Drive, Cathedral Canyon Drive, Plumley Road, Da Vall Drive, Victoria Drive, Converse Road, Gerald Ford Drive, Perez Road, and East Palm Canyon 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 • SunLine Transit Agency Route 4: Palm Springs-Cathedral City-Thousand Palms-Rancho Mirage-Palm Desert •76 SunLine Transit Agency Bus Stops, including 4 bus shelters adjacent to the project corridor near the intersection of Whispering Palms Trail and Ramon Road 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
04/05/2023 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 With Fatal Severe Injury Visible Injury Complaint of Pain Total Bicycle 4 5 31 24 64
Pedestrian 22 16 40 31 109
F1-1
04/05/2023 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.
F1-2
04/05/2023 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 is custom
generated for the
selected community.
F1-3
04/05/2023 TIMS - Transportation Injury Mapping System
https://tims.berkeley.edu/tools/atp/ 4/6
Project Area Crash Map: 8 total crashes.
Step 4: Review the project-specific crash map
F1-4
04/05/2023 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 With Fatal Severe Injury Visible Injury Complaint of Pain Total Bicycle 0 0 1 2 3
Pedestrian 1 0 4 0 5
F1-5
Crash List
CASE ID Date Time Primary Rd Secondary Rd Dist & Dir
from Int.
Bike Ped Killed Injured
5603338 03/13/2011 19:59 Ramon Rd Whispering Palms Trl At Int No Yes 0 2 7138880 09/28/2015 07:32 Whispering Palms Trl Perlita Rd At Int Yes No 0 1 8127032 06/27/2016 20:02 Ramon Rd Whispering Palms Tr At Int Yes No 0 1 8305030 10/23/2016 21:25 Ramon Rd Whispering Palms Trl At Int No Yes 0 1 8534672 10/02/2017 14:57 Galardo Rd Whispering Palms Trl At Int Yes No 0 1 8663039 12/10/2017 23:19 Ramon Rd Whispering Palms Trl 30 ft East No Yes 0 1 9064124 01/13/2020 07:31 Ramon Rd Whispering Palms Trl At Int No Yes 0 1 8911792 07/18/2020 20:18 Ramon Rd Whispering Palms Trl At Int No Yes 1 0 04/05/2023 TIMS - Transportation Injury Mapping System
https://tims.berkeley.edu/tools/atp/ 6/6F1-6
Title I, Part A Recipients
California Department of Education
Fiscal Year 2022"23
Legend: CDS = County District School
As of February 2023
County CodeCounty Nam CDS CODE Entity Name School Name
33 Riverside 33671733331121 Palm Springs Unified Mt. San Jacinto High 33 Riverside 33671736107601 Palm Springs Unified Landau Elementary Prepared by:
California Department of Education
Improvement and Accountability Division
February 2023
F2-1
Unduplicated Student Poverty – Free or Reduced Price Meals Data 2022–2023 Academic
Year
County
Code
District
Code
School
Code County Name District Name School Name School Type Educational Option Type
Low
Grade
High
Grade
2022-2023 33 67173 3331121 Riverside Palm Springs Unified Mt. San Jacinto High Continuation High Schools Continuation School 9 12 426 394 98.7% 2022-2023 33 67173 6107601 Riverside Palm Springs Unified Landau Elementary Elementary Schools (Public) Traditional K 5 608 580 98.3%
1 MEMORANDUM
Date: March 1st, 2023
To: John A. Corella, Director of Public Works and Engineering From: Robert L. Mohler, Traffic Consultant (Streets & Transportation Commission Liaison) Re: WHISPERING PALMS TRAIL – SPEED SURVEY
This report presents the results of the speed surveys completed in the City of Cathedral City, California, on Whispering Palm Trail between Baristo Road and Ramon Road as requested at the City Council meeting on December 14, 2022.
Roadway Characteristics
Whispering Palms Trail is two-lane local (residential) street with parking on both sides that extends north- south between Durango Road and Dinah Shore Drive. The posted speed limit on Whispering Palms Trail is 25 mph.
Speed Survey Analysis
Current literature suggests that appropriate ADT volumes on local residential streets range from greater than 1,500 vehicles per day 1 (vpd) up to 5,000 vpd 2. The literature also recommends that, for livability, local neighborhood streets should have low traffic volumes in the range of 2,000 vpd 3 up to 3,000 vpd 4.
California Vehicle Code
Prima facie speed limits are the innate speed limits on the roadway established by the California Vehicle Code (CVC). Section 22352 of the CVC indicates the following prima facie speed limits is applicable for residential areas:
25 mph: in any business or residence district as defined by Division 1 of the CVC, when approaching or passing a school building or grounds, or when passing a senior center or other facility primarily used by senior citizens.
The key measure for analysis is the 85th percentile or critical speed of a roadway segment. The 85th percentile speed is that speed at which 85 percent of free-flowing vehicles are traveling at or below the posted speed limit and was used as a baseline comparison to the posted speed limit.
The CVC and Manual on Uniform Traffic Control Devices (MUTCD) allow consideration of other factors besides the 85th percentile speed when setting posted speed limits. These factors include existing roadway conditions (e.g., pavement width), on-street residential density, pedestrian and bicycle safety, and speed-related collision data.
2 The CVC define Residential density where upon both sides of the street, collectively, within one- quarter of a mile, the contiguous property fronting thereon is occupied by 16 or more separate dwelling houses or business structures.
Speed Survey Data Collection
The Engineering Department conducted two (2) Radar Speed Surveys on the road segment of Whispering Palm Trail between Ramon Road and Baristo Road within the following periods of time:
December 28, 2022, thru January 13, 2023 (13 days)
January 23, 2023, thru February 1, 2023 (10 Days)
This section represents the results of the speed surveys conducted in Whispering Palms Trail in December 2022 and January 2023.
Average Daily Traffic Volumes
The Average Daily Traffic (ADT) volumes for the roadway segment analyzed for this report were 2,516 and 2,917 vehicles per day (vpd) respectively for each speed survey completed within the above- mentioned periods of time.
Peak Hour Traffic Volumes
The Peak Hour Traffic typically occurs from 7:00 to 8:00 A.M. and from 4:00 to 5:00 P.M. on weekdays.
The average of vehicles speeding are10% and 8% during the A.M. and P.M. peak hours respectively.
Speed Survey Results - Segment: Whispering Palms Trail (Ramon Road – Baristo Road) The observed 85th percentile speed was 35 mph or 10 mph greater than the posted speed limit.
The calculated average speeds were 31 mph for the period between January 23, 2023, thru February 1, 2023, and 29.8 mph for the period between January 23, 2023, thru February 1, 2023.
An average of 78% of the vehicles were over the posted speed limit.
The maximum speeds registered were 67 mph on January 4, 2023, at 10:34 PM, and 66 mph on January 24, 2023, at 9:08 PM.
Conclusion
Based on the analysis and the review of the Speed Surveys results:
The posted speed limit on Whispering Palms Trail is 25 mph.
Whispering Palms Trail is within the appropriate threshold for daily volumes in establishing livable residential local streets.
More than 16 separate dwellings units exist on both side of the street within a quarter mile along the road segment. Additionally, Whispering Palms Trail has a 5-foot sidewalk on both side of the street with limited space for pedestrians or bicyclists where mailboxes are installed.
Recommendation
Due to the residential nature of Whispering Palms Trail and the lack of pedestrian/bicycle facilities, the Engineering Department recommends that the City maintain the current speed limit at 25 mph and implement the following traffic calming measures:
1. Relocate the northbound 25 mph speed within the distance of 55 feet to 110 feet from the end of the northeast curb return at the intersection between Ramon Road and Whispering Palm Trail, and update with 2 yellow solar flashing beacons.
2. Upgrade the southbound 25 mph speed with 2 yellow solar flashing beacons.
Speed Survey Data Collection
The Engineering Department conducted two (2) Radar Speed Surveys on the road segment of The Engineering Department conducted two (2) Radar Speed Surveys on the road segment of Whispering Palm Trail between Ramon Road and Baristo Road within the following periods of time:
December 28, 2022, thru January 13, 2023 (13 days)
Whispering Palm Trail between Ramon Road and Baristo Road within the following periods of time:
January 23, 2023, thru February 1, 2023 (10 Days)
December 28, 2022, thru January 13, 2023 (13 days)
Average Daily Traffic Volumes
The Average Daily Traffic (ADT) volumes for the roadway segment analyzed for this report were 2,516 The Average Daily Traffic (ADT) volumes for the roadway segment analyzed for this report were 2,516 and 2,917 vehicles per day (vpd) respectively for each speed survey completed within the above-and 2,917 vehicles per day (vpd) respectively for each speed survey completed within the above- mentioned periods of time.
Average Daily Traffic Volumes Average Daily Traffic Volumes This section represents the results of the speed surveys conducted in Whispering Palms Trail in This section represents the results of the speed surveys conducted in Whispering Palms Trail in December 2022 and January 2023.
Speed Survey Results - Segment: Whispering Palms Trail (Ramon Road – Baristo Road) The observed 85th percentile speed was 35 mph or 10 mph greater than the posted speed limit.
Due to the residential nature of Whispering Palms Trail and the lack of pedestrian/bicycle facilities, the Due to the residential nature of Whispering Palms Trail and the lack of pedestrian/bicycle facilities, the Engineering Department recommends that the City maintain the current speed limit at 25 mph and Engineering Department recommends that the City maintain the current speed limit at 25 mph and implement the following traffic calming measures:
Recommendation
3 3. Re-strip double yellow centerline from the stop bar at the intersection of Ramon Road and Whispering Palm for approximately 130 feet to the north towards the existing Alley behind Circle K Store.
4. Install a one yellow centerline stripped as a two-way passing zone from the Alley behind Circle K to the northbound traffic stop bar at the intersection of Whispering Palms Trail and Baristo Road.
Additional traffic calming measures to be considered after the implementation of the above mentioned measures are:
5. Police Enforcement
6. Speed display signs
Armando J. Garcia Baldizzone
City Engineer.
Exhibit A – SPEED SURVEY #001 on Whispering Palm Trl. (Ramon Rd. to Baristo Rd.).
Exhibit B - SPEED SURVEY #002 on Whispering Palm Trl. (Ramon Rd. to Baristo Rd.) Exhibit C - Whispering Palm Trl. (Ramon Rd. to Baristo Rd.) Report- Dec 2022 -Jan 2023 Exhibit D - Whispering Palm Trl. (Ramon Rd. to Baristo Rd.) Report- Jan 2023 – Feb 2023 Referenced Material
1 Residential Streets, 3rd Ed.; Walter M. Kulash, Principal Author; Urban Land Institute, National Association of Home Builders, American Society of Civil Engineers, and Institute of Transportation Engineers; 2002;Washignton, D.C. 2 Neighborhood Street Design Guidelines,a Proposed Recommended Practice of the Institute of Transportation Engineers, 2003, Washington D.C.
3 Traditional Neighborhood Development Street Design Guidelines, A Recommended Practice of the Institute of Transportation Engineers, 1999, Washignton, D.C.
4 Transportation and Land Development, 2nd Ed.; Vergil G. Stover and Frank J. Koepke; Institute of Transportation Engineers; 2002, Washignton D.C.
Speed display signs
3. Re-strip double yellow centerline from the stop bar at the intersection of Ramon Road and 3. Re-strip double yellow centerline from the stop bar at the intersection of Ramon Road and Whispering Palm for approximately 130 feet to the north towards the existing Alley behind Circle Whispering Palm for approximately 130 feet to the north towards the existing Alley behind Circle K Store.
1 SPEED SURVEY (Radar Survey Report #2023-1)
Date: January 12, 2023
To: (See distribution below)
From: Andres Perez, Assistant Engineer
Location: Whispering Palm Trl. (Ramon Rd. to Baristo Rd.)- 25 MPH Speed Limit Recording Period: December 28, 2022- January 09, 2023 (13 DAYS) via Armadillo Tracker Traffic Collector Requested by: City Council
Reason for Survey: Reported Speeding on Whispering Palms Trl between Ramon Rd and Baristo Rd.
SPEED SUMMARY REPORT (Based on Radar Sign recordings taken 24/7 during survey) SPEED LIMIT: 25 MPH
AVERAGE DAILY TRAFFIC (ADT): 2516 Vehicles per day (104 cars per hour avg.) AVERAGE SPEED Recorded: 29.5 MPH (4.5 mph over speed limit) 85th PERCENTILE SPEED: 35.0 MPH
PERCENT WITHIN POSTED SPEED LIMIT: 23 % of Vehicles (24 cars per hour avg.) PERCENT OVER THE POSTED SPEED LIMIT: 77 % of Vehicles (80 cars per hour avg.) Average Speeder: 31 MPH
MAXIMUM SPEED RECORDED: 67.0 MPH on 1/04/23 at 10:34 PM AM & PM PEAK TRAFFIC VOLUME HOURS: (7:00-8:00 am) & (4:00–5:00 pm) Peak Volumes AM & PM PEAK SPEEDING HOURS: Peak Speeding (Time of Day):
(7-8 AM): 10.7% Speeders
(2-3 PM): 7.2% Speeders
The City’s portable Armadillo® Tracker Traffic Collector (Mfg. by Houston Radar.) records speeds & traffic counts 24/7 (Recorded in (non- displaying “Stealth” mode), specifically intended to not alert speeders.
DISTRIBUTION:
Engineering: John Corella, Director of Engineering/Public Works, Armando J.G. Baldizzone, City Engineer and Shawn Maddox, Senior Inspector.
LEGEND:
FY 23-24 TDA ARTICLE 3 / SB 821 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM
ATTACHMENT
CITY OF CATHEDRAL CITY
VICINITY MAP
G1-1
MULTIMODAL ACCESS MAP
LEGEND:
G1-2
FY 23-24 TDA ARTICLE 3 / SB 821 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM
ATTACHMENT
CITY OF CATHEDRAL CITY
PEDESTRIAN AND BICYCLE FACILITIES MAP
LEGEND:
G1-3
FY 23-24 TDA ARTICLE 3 / SB 821 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM
ATTACHMENT
CITY OF CATHEDRAL CITY
TRANSIT ACCESS MAP
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) Whispering Palms Trail Class III Bike Routes Grant Application
Dear Riverside County Transportation Commission,
This letter provides confirmation of the City of Cathedral City’s commitment to providing $372,000 of local share matching funds for the Whispering Palms Trail Class III Bike Routes prproject. Funding for this project will be provided by the City Traffic Safety Fund, Assessment District Fund, and General Fund. Thi project provides an important opportunity to improve the City’s bicycle network connectivity, enhance roadway safety for vulnerable roadway users – including school age children and seniors, and increase access to alternative modes of transportation.
Cathedral City appreciates the opportunity to apply for TDA Article 3 (SB 821) prprogram funding. Should you have any questions regarding this etter of commitment, please do not hesitate to contact me atat (760) 770-0327 or at [email protected] Thank you for your consideration.
Sincerely,
Armando J. G Baldizzone, P.E.
City Engineer
Engineering Department
760-770-0329
PROJECT VICINITY AND AREA MAPS
LEGEND:
VICINITY MAP
PROJECT AREA MAP
FY 23-24 TDA ARTICLE 3 / SB 821 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM
ATTACHMENT
CITY OF CATHEDRAL CITY D1D1
EXISTING CONDITIONS
30TH AVE
FY 23-24 TDA ARTICLE 3 / SB 821 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM
CITY OF CATHEDRAL CITY
VERANO RD PERLITA RD
GARLARDO RD CORTA RD
WHISPERING PALMS TR
WHISPERING PALMS TR
TYPICAL EXISTING CROSS-SECTIONS
TYPICAL EXISTING CROSS-SECTIONS LEGEND:
FY 23-24 TDA ARTICLE 3 / SB 821 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM
CITY OF CATHEDRAL CITY
EXISTING CONDITIONS
WHISPERING PALMS TR
WHISPERING PALMS TR
TYPICAL EXISTING CROSS-SECTIONS
TYPICAL EXISTING CROSS-SECTIONS TYPICAL EXISTING CROSS-SECTIONS LEGEND:
WHISPERING PALMS TR
FY 23-24 TDA ARTICLE 3 / SB 821 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM
CITY OF CATHEDRAL CITY
EXISTING CONDITIONS
MISSION INDIAN TRAIL
33RD AVE
WHISPERING PALMS TR
TYPICAL EXISTING CROSS-SECTIONS
TYPICAL EXISTING CROSS-SECTIONS LEGEND:
FY 23-24 TDA ARTICLE 3 / SB 821 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM
CITY OF CATHEDRAL CITY
EXISTING CONDITIONS
ORTEGA RD
TYPICAL EXISTING CROSS-SECTIONS
WHISPERING PALMS TR
LEGEND:
30TH AVE
FY 23-24 TDA ARTICLE 3 / SB 821 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM
CITY OF CATHEDRAL CITY
GARLARDO RD CORTA RD
PROPOSED CONDITIONS
VERANO RD PERLITA RD
WHISPERING PALMS TR
WHISPERING PALMS TR
EXISTING SIGN LEGEND:
TYPICAL PROPOSED CROSS-SECTIONS
TYPICAL PROPOSED CROSS-SECTIONS LEGEND:
WHISPERING PALMS TR
FY 23-24 TDA ARTICLE 3 / SB 821 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM
CITY OF CATHEDRAL CITY
PROPOSED CONDITIONS
WHISPERING PALMS TR
EXISTING SIGN LEGEND:
TYPICAL PROPOSED CROSS-SECTIONS
TYPICAL PROPOSED CROSS-SECTIONS TYPICAL PROPOSED CROSS-SECTIONS LEGEND:
FY 23-24 TDA ARTICLE 3 / SB 821 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM
CITY OF CATHEDRAL CITY
PROPOSED CONDITIONS
MISSION INDIAN TRAIL
33RD AVE
WHISPERING PALMS TR
WHISPERING PALMS TR
TYPICAL PROPOSED CROSS-SECTIONS
TYPICAL PROPOSED CROSS-SECTIONS
LEGEND:
FY 23-24 TDA ARTICLE 3 / SB 821 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM
CITY OF CATHEDRAL CITY
PROPOSED CONDITIONS
ORTEGA RD
WHISPERING PALMS TR
EXISTING SIGN LEGEND:
TYPICAL PROPOSED CROSS-SECTIONS
LEGEND:
LEGEND:
D3-1
FY 23-24 TDA ARTICLE 3 / SB 821 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM
ATTACHMENT
CITY OF CATHEDRAL CITY
KEY MAP
PHOTOS OF EXISTING CONDITIONS KEY MAP
Attachment D3‐2
1. 30th Ave West of Whispering Palms Trail (Looking Eastbound) Existing class II bicycle lanes on 30th Ave that would connect to the proposed class III shared bike route improvements on Perez Road.
2. 30th Ave East of Whispering Palms Trail (Looking Westbound) Existing class II bicycle lanes on 30th Ave that would connect to the proposed class III shared bike route improvements on Perez Road.
Attachment D3‐3
3. Whispering Palms Trail North of Verano Road (Looking Southbound) Existing uneven pavement, utility covers, and cross gutters pose a hazard for cyclists in the proposed class III shared bike route.
4. Whispering Palms Trail North of Vega Road (Looking Southbound) Existing uneven pavement and utility covers pose a hazard for cyclists in the proposed class III shared bike route.
Attachment D3‐4
5. Whispering Palms Trail South of Baristo Road (Looking Northbound) Start of recent slurry seal on Whispering Palms Trail between Baristo Road and 33rd Avenue.
6. 33rd Avenue East of Whispering Palms Trail (Looking Westbound) End of recent slurry seal on Whispering Palms Trail between Baristo Rd and 33rd Avenue.
Attachment D3‐5
7. Whispering Palms Trail North of 33rd Avenue (Looking Southbound) Existing uneven pavement, utility covers, and cross gutters pose a hazard for cyclists in the proposed class III shared bike route.
8. Whispering Palms Trail North of Ortega Road (Looking Southbound) Existing uneven pavement and utility covers pose a hazard for cyclists in the proposed class III shared bike route.
Attachment D3‐6
9. Whispering Palms Trail North of Dinah Shore Drive (Looking Northbound) Existing uneven pavement in extent of proposed class III shared bike route ends. Project corridor ends.
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
8 FIGURE 2: CATHEDRAL CITY EXISTING POPULATION 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
16 FIGURE 7: CATHEDRAL CITY SCHOOL AGED CHILDREN (2020)
Cathedral City | Active Transportation Plan
19 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