2018 RCTC - SB821 Funding Bicycle & Pedestrian Facilities ProgramRIVERSIDE
COUNTY
TRANSPORTATION
COMMISSION
January 3, 2018
Mr. Frank Spevacek, City Manager
City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
4080 Lemon Street, 3rd Floor• Riverside, CA
Mailing Address: P.O. Box 12008 • Riverside, CA 92502-2208
951.787.7141. 951.787.7920 • www.rctc.org
&yam
Subject: Transmittal of Agreement No. 18-62-070-O0 for Transportation Development Act—Article 3 SB 821
Bicycle and Pedestrian Facilities Program — FY 2017/18
Dear Mr. Spevacek:
Enclosed is a fully executed copy of the above -listed agreement. Please reference Agreement No. 18-62-070-00
for future correspondence and invoices relating to this agreement.
Insurance certificates must be emailed to Exigis at certificates-rctc@riskworks.com and must include Agreement
No. 18-62-070-00 in order to proceed with the agreement.
Sincerely,
Shirley G.'ding
(
Senior Administrative Assistant
Enclosure(s)
AGREEMENT No. 18-62-070-00
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AGREEMENT FOR FUNDING UNDER SB 821 BICYCLE AND
PEDESTRIAN FACILITIES PROGRAM
(Transportation Development Act Article 3; Senate
ey Bill 821)
This Funding Agreement ("AGREEMENT") is entered into as of Q(].>x.r . aA , 2017 ("Effective
Date"), by and between the RIVERSIDE COUNTY TRANSPORTATION COMMISSION
("RCTC") and the City of La Quinta ("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, 2017, a CALL FOR PROJECTS was published by RCTC seeking
applications for FY 2018 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 Jefferson
Street Sidewalk Gap Closure 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 Ninety Thousand Dollars ($90,000), to
be used exclusively for reimbursing the RECIPIENT for eligible expenses as described
Page 1 of 10
17336.00005\30277984.1
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
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) 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 attached hereto and incorporated herein as Attachment 3
("SCOPE OF WORK"). All PROJECT costs not included in the SCOPE OF WORK and not
expressly permitted under Article 3 of the Transportation Development Act and the PROGRAM
policies shall be considered ineligible for REIMBURSEMENT. In the event the SCOPE OF
WORK needs to be amended, RECIPIENT shall submit a letter requesting such amendment, the
reasons for the requested change and confirmation that costs associated with the proposed
amendment are eligible for PROGRAM reimbursement for written approval by RCTC, which
approval is subject to RCTC's discretion.
In the event of any ambiguity between this AGREEMENT, PROGRAM policies, and applicable
law, the following order of precedence will govern: (1) Applicable law; (2) PROGRAM policies;
(3) this AGREEMENT.
2.2 Timing for Project Completion. In accordance with the PROGRAM
policies attached hereto as Attachment 2, RECIPIENT has twenty-four (24) months to complete
the PROJECT from the date of this AGREEMENT, unless otherwise agreed to in writing by the
PARTIES. If the PROJECT is not completed within 24 months, RCTC shall have the sole
discretion to delete the PROJECT from the PROGRAM and reprogram the funding for future
approved PROGRAM projects. RECIPIENT will not be reimbursed until the PROJECT is
accepted as complete in writing by RCTC following the submission of the PROGRAM funding
claim form ("CLAIM FORM") attached hereto and incorporated herein as Attachment 4. In the
event additional time is needed for the completion of the PROJECT, RECIPIENT may submit a
letter to RCTC requesting an extension of time to complete the PROJECT with an explanation of
why the PROJECT cannot be completed under the existing schedule for completion included as
Attachment 3, attached hereto and incorporated herein. Before and after PROJECT photographs
must be included with the CLAIM FORM upon PROJECT completion, as well as copies of paid
invoices and any other backup requested for repayment and audit purposes.
Page 2 of 10
17336.00005\30277984.1
2.3 Increases in Project Funding. The FUNDING AMOUNT may, at
RCTC's sole discretion, be augmented with additional PROGRAM funds and local agency
match funds proportionate to the amounts included in Section 3 if there is a FUNDING
AMOUNT balance and the RECIPIENT provides justification as to the reason for the funding
increase. Any such increase in the FUNDING AMOUNT must be approved in writing by
RCTC's Executive Director and RCTC shall be under no obligation whatsoever to approve any
increase in the FUNDING AMOUNT. No such increased funding shall be expended to pay for
any PROJECT work already completed.
2.4 Cost Savings. In the event that bids or proposals for the PROJECT are
lower than anticipated, or there are cost savings for any other reason, the FUNDING AMOUNT
shall be reduced through an amendment to the AGREEMENT mutually agreed to in writing by
the Parties. RECIPIENT shall inform RCTC of any cost savings and any cost savings shall be
returned to RCTC or may be reprogrammed with written approval by RCTC for other
RECIPIENT projects that align with the PROGRAM. No PROGRAM funding may be used for
projects not approved by RCTC. If RECIPIENT provides a local match commitment and there
are cost savings on the PROJECT, RCTC will still be reimbursed at the matching ratio in effect
at the time of PROJECT selection and approval despite such cost savings in accordance with
PROGRAM policies.
2.5 No Funding for Temporary Improvements. Only segments or components
of the PROJECT that are intended to form part of or be integrated into the PROJECT may be
funded by PROGRAM funds. No improvement(s) which is/are temporary in nature, including
but not limited to temporary lanes, curbs, or drainage facilities, shall be funded with PROGRAM
funds except as needed for staged construction of the PROJECT.
2.6 Review and Reimbursement by RCTC. Upon receipt of the final detailed
invoice from the RECIPIENT clearly documenting work completed and corresponding costs,
RCTC may request additional documentation or explanation of the SCOPE OF WORK costs for
which reimbursement is sought. Undisputed amounts shall be paid by RCTC to the RECIPIENT
within thirty (30) days. In the event that RCTC disputes the eligibility of the RECIPIENT for
reimbursement of all or a portion of an invoiced amount, the Parties shall meet and confer in an
attempt to resolve the dispute. Additional details concerning the procedure for the
RECIPIENT's submittal of invoices to RCTC and RCTC's consideration and payment of
submitted invoices are set forth in Attachment 4.
2.7 Recipient's Funding Obligation to Complete the Work. In the event that
the PROGRAM funds allocated to the SCOPE OF WORK represent less than the total cost of the
PROJECT, RECIPIENT shall be solely responsible for providing such additional funds as may
be required to complete the PROJECT. RCTC has no obligation with respect to the safety of any
SCOPE OF WORK performed at a PROJECT site. Further, RCTC shall not be liable for any
action of RECIPIENT or its contractors relating to the condemnation of property undertaken by
RECIPIENT or construction related to the PROJECT.
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
Page 3 of 10
17336.00005\30277984.1
completed in accordance with the PROGRAM requirements or this AGREEMENT, RECIPIENT
agrees that any PROGRAM funds distributed to RECIPIENT for the PROJECT shall be repaid
in full to RCTC. The Parties shall enter into good faith negotiations to establish a reasonable
repayment schedule and repayment mechanism which may include, but is not limited to,
withholding of Measure A Local Streets and Roads revenues, if applicable. RECIPIENT
acknowledges and agrees that RCTC shall have the right to withhold any Measure A Local
Streets and Roads revenues due to RECIPIENT, in an amount not to exceed the total of the
PROGRAM funds distributed to RECIPIENT, and/or initiate legal action to compel repayment,
if the RECIPIENT fails to repay RCTC within a reasonable time period not to exceed one
hundred eighty (180) days, including any good faith negotiations, from receipt of written
notification from RCTC that repayment is required due to failure to comply with the PROGRAM
policies or this AGREEMENT.
2.9 Records Retention and Audits. RECIPIENT shall retain all PROJECT
records in an organized manner for a minimum of three (3) years following completion of the
PROJECT. PROJECT records shall be made available for inspection by RCTC upon request. If
a post PROJECT audit or review indicates that RCTC has provided reimbursement to the
RECIPIENT in an amount in excess of the maximum PROGRAM provided for in this Section 2,
or has provided reimbursement of ineligible PROJECT costs, the RECIPIENT shall reimburse
RCTC for the excess or ineligible payments within thirty (30) days of notification by RCTC.
This Section 2.9 does not supersede any rights or remedies provided to RCTC under Section 2.8
or applicable law.
3. Recipient's Local Match Contribution. RECIPIENT shall provide at least Ninety Thousand,
dollars ($90,000) 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. The foregoing amount may be reduced, as part of an amendment to this
AGREEMENT, if there are cost savings as further detailed in Section 2.4 above.
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
Page 4 of 10
17336.00005\30277984.1
impacted agencies prior to commencement of the PROJECT; (ii) all aspects of procurement,
contracting, and administration of the contracts and claims for the PROJECT; (iii) all
construction management of any construction activities undertaken in connection with the
PROJECT, including surveying and materials testing; and, (iv) development of a budget for
the PROJECT and SCOPE OF WORK prior to award of any contract for the PROJECT,
taking into consideration available funding, including PROGRAM funds.
6. Indemnification. RECIPIENT shall defend, indemnify and hold RCTC, its officials,
governing board members, officers, employees, agents, and consultants free and harmless
from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or
injury of any kind, in law or equity, to property, persons or government funding agency,
including wrongful death, to the extent arising out of or incident to any intentional or
negligent acts, errors or omissions of the RECIPIENT, its officials, officers, employees,
agents, and consultants related to a breach of this AGREEMENT or any act or omission
arising out of the activities governed by this AGREEMENT. RECIPIENT'S obligation to
indemnify includes without limitation the payment of all consequential damages and
reasonable attorneys' fees, expert witness fees and other related costs and expenses of
defense. RECIPIENT shall defend, at its own cost, expense and risk, any and all such
aforesaid suits, actions or other legal proceedings of every kind that may be brought or
instituted against RCTC, its officials, officers, employees, agents, and consultants in
connection with this AGREEMENT. RECIPIENT shall pay and satisfy any judgment, award
or decree that may be rendered against RCTC, its officials, officers, employees, agents, and
consultants in any such suits, actions or other legal proceedings, including any settlement.
RECIPIENT's obligation to indemnify shall not be restricted to insurance proceeds.
7. Expenditure of Funds by Recipient Prior to Execution of Agreement. Nothing in this
AGREEMENT shall be construed to prevent or preclude RECIPIENT from expending funds
on the PROJECT prior to the execution of this AGREEMENT, or from being reimbursed by
RCTC for such expenditures. However, RECIPIENT understands and acknowledges that
any expenditure of funds on the PROJECT prior to the execution of the AGREEMENT is
made at RECIPIENT's sole risk and that some expenditures by RECIPIENT may not be
eligible for reimbursement under this AGREEMENT.
8. 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, when available, shall be utilized 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
Page 5 of 10
17336.00005\30277984.1
purposes under this AGREEMENT. RECIPIENT hereby designates Frank J. Spevacek, [City
Managed, or his or her designee, as RECIPIENT''S representative to RCTC. RECIPIENT'S
representative shall have the authority to act on behalf of RECIPIENT for all. purposes under
this AGREEMENT and shall coordinate all activities with RCTC concerning the SCOPE OF
WORK under the RECIPIENT's responsibility. RECIPIENT shall work closely and
cooperate fully with RCTC's representative and any other agencies which may have
jurisdiction over or an interest in the PROJECT.
10, Monitoring of Progress by RCTC, RECIPIENT shall allow RCTC's designated
representative, or designee, to inspect or review the progress of the work at any reasonable
time with prior written notice by RCTC. RCTC may request that the RECIPIENT provide
RCTC with progress reports concerning the status of the SCOPE OF WORK and PROJECT
completion.
11. Binding on Successors in Interest. Each and every provision of this AGREEMENT shall be
binding and inure to the benefit of the successors in interest of the Parties. Due to the
specific obligations contemplated herein, this AGREEMENT may not be assigned by any
Party hereto except with the prior written consent of the other Party.
12. Independent Contractors. Any person or entities retained by RECIPIENT or any contractor
shall be retained on an independent contractor basis and shall not be employees of RCTC.
Any personnel performing services on the PROJECT shall at all times be under the exclusive
direction and control of the RECIPIENT or contractor, whichever is applicable. The
RECIPIENT or contractor shall pay all wages, salaries and other amounts due such personnel
in connection with their performance of services on the SCOPE OF WORK and as required
by law. The RECIPIENT or contractor shall be responsible for all reports and obligations
concerning such personnel, including, but not limited to: social security taxes, income tax
withholding, unemployment insurance and workers' compensation insurance,
13. Conflicts of Interest. For the term of this AGREEMENT, no member, officer or employee of
RECIPIENT or RCTC, during the term of his or her service with RECIPIENT or RCTC, as
the case may be, shall have any direct interest in this AGREEMENT, or obtain any present or
anticipated material benefit arising therefrom,'
14. Termination. This AGREEMENT may be terminated for cause or convenience as further
specified below,
14.1 Termination for Convenience. Either RCTC or RECIPIENT may, by
written notice to the other party, terminate this AGREEMENT, in whole or in part, for
convenience by giving thirty (30) days' written notice to the other party of such termination and
specifying the effective date thereof.
14.2 Effect of Termination for Convenience. In the event that RECIPIENT
terminates this AGREEMENT for convenience, RECIPIENT shall, within 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,
Page 6 of 10
17336.00005\30277984 1
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 14.2.
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
PROGRAM funds provided to RECIPIENT under this AGREEMENT. Notwithstanding
termination of this AGREEMENT by RCTC pursuant to this Section 14.4, RCTC shall be
entitled to exercise its rights under Section 2.6, including but not limited to conducting a review
of the invoices and requesting additional information. This AGREEMENT shall terminate upon
receipt by the terminating Party of the amounts due it under this Section 14.4.
14.5 No Program Funding. In the event that RCTC determines there are
inadequate PROGRAM funds for whatever reason, RCTC shall have the ability to immediately
terminate the AGREEMENT with written notice to RECIPIENT. In the event that RCTC
terminates this AGREEMENT under this Section 14.5, RCTC shall, within 90 days, distribute to
the RECIPIENT PROGRAM funds in an amount equal to the aggregate total of all unpaid
invoices which have been received from RECIPIENT regarding the SCOPE OF WORK for the
PROJECT at the time of the notice of termination; provided, however, that RCTC shall be
entitled to exercise its rights under Section 2.6, including but not limited to conducting a review
of the invoices and requesting additional information from RECIPIENT.
14.6 Cumulative Remedies. The rights and remedies of the Parties provided in
this Section 14 are in addition to any other rights and remedies provided by law or under this
AGREEMENT.
15. Notice. All notices hereunder shall be in writing and shall be effective upon receipt by the
other Party. All notices and communications, including invoices, between the Parties to this
AGREEMENT shall be either personally delivered, sent by first-class mail, return receipt
Page 7 of 10
17336.00005\30277984.1
requested, sent by overnight express delivery service with postage or other charges fully
prepaid as follows:
TO RCTC:
Anne Mayer
Executive Director
RCTC
4080 Lemon Street, 3rd Floor
Riverside, California 92501
Phone: (951) 787-7141
TO RECIPIENT:
Bryan W. McKinney, P.E.
Interim City Engineer
City of La Quinta
78-495 Calle Tampico
La Quinta, California 92253
Phone: (760) 777-7045
Any party may update its address and contact information by providing written notice of the
new information to the other Parties in accordance with this Section 15.
16. Prevailing Wages. RECIPIENT and any other person or entity hired to perform services on
the SCOPE OF WORK are alerted to the requirements of California Labor Code Sections
1770 et seg., which require the payment of prevailing wages where the SCOPE OF WORK
or any portion thereof is determined to be a "public work," as defined therein. RECIPIENT
shall ensure compliance with applicable prevailing wage requirements by any person or
entity hired to perform the SCOPE OF WORK or any portion thereof falling within the
definition of "public work." RECIPIENT shall defend, indemnify, and hold harmless RCTC,
its officers, employees, consultants, and agents from any claim or liability, including without
limitation reasonable attorneys' fees, arising from any failure or alleged failure to comply
with California Labor Code Sections 1770 et seq. on the PROJECT.
17. Equal Opportunity Employment, The Parties represent that they are equal opportunity
employers and they shall not discriminate against any employee or applicant for employment
because of race, religion, color, national origin, sexual orientation, ancestry, sex or age. Such
non-discrimination shall include, but not be limited to, all activities related to initial
employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
termination.
18. Entire Agreement. This AGREEMENT embodies the entire understanding and agreement
between the Parties pertaining to the matters described herein and supersedes and cancels all
prior oral or written agreements between the Parties with respect to these matters. Each Party
acknowledges that no Party, agent or representative of the other Party has made any promise,
representation or warranty, express or implied, not expressly contained in this
AGREEMENT, that induced the other Party to sign this document. Modifications to this
AGREEMENT shall be in the form of a written amendment executed by authorized
representatives of the Parties to be bound.
19. Governing Law and Severability. This AGREEMENT shall be governed by, and be
construed in accordance with, the laws of the State of California. If any portion of this
AGREEMENT is found to be unenforceable by a court of law with appropriate jurisdiction,
the remainder of the AGREEMENT shall be severable and survive as binding on the Parties.
Page 8 of 10
17336.00005\30277984.1
20. Attorneys' Fees. If any legal action is initiated for the enforcement/interpretation of this
AGREEMENT, or because of any alleged dispute, breach, default or misrepresentation in
connection with any of the provisions of this AGREEMENT, the successful or prevailing
party shall be entitled to recover reasonable attorneys' fees, witness fees and other costs
incurred in that action or proceeding, in addition to any other relief to which it may be
entitled as determined by a court of law or appointed decider under alternative legal
proceedings.
21. No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or
obligation assumed by the Parties.
22. Section Headings and. Interpretation. The section headings contained herein are for
convenience only and shall not affect in any way the interpretation of any of the provisions
contained herein. The AGREEMENT shall not be interpreted as being drafted by any Party
or its counsel.
23. No Waiver. Failure of RCTC to insist on any one occasion upon strict compliance with any
of the terms, covenants or conditions in this AGREEMENT shall not be deemed a waiver of
such term, covenant or condition, nor shall any waiver or relinquishment of any rights or
powers hereunder at any one time or more times be deemed a waiver or relinquishment of
such other right or power provided under applicable law.
24. Time of Essence. Time is of the essence for each and every provision of this AGREEMENT.
25. Counterparts. This AGREEMENT may be executed in any number of counterparts, each of
which shall be deemed to be an original, but all which together will constitute but one
agreement. Facsimile copies of signatures shall be treated as originals.
[SIGNATURES ON NEXT PAGE]
Page 9 of 10
17336.00005\30277984.1
SIGNATURE PAGE
TO
AGREEMENT NO. 18-62-070-00
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AGREEMENT FOR FUNDING UNDER SB 821 BICYCLE AND PEDESTRIAN
FACILITIES PROGRAM
IN WITNESS WHEREOF, the Parties have caused this AGREEMENT to be signed by their
duly authorized representatives as of the Effective Date.
RCTC RECIPIENT
CITY OF LA QUINTA
B. By:
Name: Anne Ma er Name:
Title: Executive Director Title:
APPROVE S TO FORM APPROVED AS TO FORM
111 I WOO
1 a
By:
Name:
Title: I Ea
17336.00005\30277984,1
By:
Name:
Title:
Page 10 of 10
SIGNATURE PAGE
TO
AGREEMENT NO. 18-62-070-00
RIVERSIDE COUNTY TRANSPORTATION COMMISSION
AGREEMENT FOR FUNDING UNDER SB 821 BICYCLE AND PEDESTRIAN
FACILITIES PROGRAM
IN WITNESS WHEREOF, the Parties have caused this AGREEMENT to be signed by their
duly authorized representatives as of the Effective Date.
RCTC RECIPIENT
By:
Name: Anne Mayer
Title: Executive Director
Title: CitY Manager
APPROVE S TO FORM APPROVED AS TO FORM
By:
Name:
Title:
e
1733600005\30277984 1
cut
vi
By:
Name:
William H. Ihrke
Title: City Attorney
ATTEST:
By:
Susan Maysels, City
Page 10 of 10
erk
ATTACHMENT 1
(RECIPIENT APPLICATION FOR FUNDING)
Attachment 1
17336.00005\30277984.1
adidei
-—(Iv1ft/x[)ISER"I'—
April 27, 2017
Martha Durbin
Riverside County Transportation Commission
4080 Lemon Street, 3rd Floor
Riverside, CA 92501
Subject: City of La Quinta TDA Article 3 (SB821) Bicycle and Pedestrian Facilities Biennial
CaII for Projects Fiscal Year 17/18 Jefferson Street Sidewalk Gap Closure Funding Commitment.
Dear Ms. Durbin,
The City of La Quinta respectfully requests the Riverside County Transportation Commission
(RCTC) consideration to funding the Jefferson Street Sidewalk Gap Closure project. The La Quinta
City Council, at their regularly scheduled meeting on April 18, 2017, approved submission of this
funding application. If successful, La Quinta is fully committed to providing our local share of the
improvements totaling 50% of the total project costs.
Please do not hesitate to contact me at (760) 777-7042 or at tjonasson@Ia-quinta.org if you have
any questions about our funding commitment or if you require any other supporting
documentation.
Sincerely,
imothy R. J ria 50 ,
Director of D gn d Development / City Engineer
Enclosure: Jefferson Street Sidewalk Gap Closure Application
78-495 Calle Tampico La Quinta, CA 92253 760.777.7000
FY17/18 SB 821 Bicycle and Pedestrian Facilities Program
BIENNIAL CALL FOR PROJECTS APPLICATION
I. APPLICANT INFORMATION
Lead Agency: City of La Quinta
Project Name: Jefferson Street Sidewalk Gap Closure
Contact Person: Tim Jonasson, PL Title: Director of Design and Development/City Engineer
Telephone #: (760) 777-7042 Fax #: (760) 777-7042
Email Address: tjonasson@la-guinta.org
Address: 78495 Calle Tampico, La Quinta, CA 92253
II. PROJECT DETAILS
Project type (check all that apply):
❑ Bicycle Project ® Pedestrian Project
Project location:
® Coachella Valley
❑ Western Riverside County
Does this project proposal include any of the following? (check all that apply):
❑ Curb ❑ Gutter ❑ Driveway ramps
If any of the above were checked, is the benefit provided for the exclusive use of
bicyclists/pedestrians?
❑ No ❑ Yes
III. PROJECT DESCRIPTION
The proposed improvements include constructing approximately 900 feet of new sidewalk
along the west side of Jefferson Street behind the existing curb and gutter from Avenue 50
north to Derek Alan Drive. This sidewalk is the final Zink to complete pedestrian accessibility
along the entire Jefferson Street Corridor. In particular, there is a development immediately
north of the project that has many elderly and disabled residents that need this sidewalk to
access facilities in the Citrus Plaza Shopping Center and the drugstore located at the corner of
Avenue 50 and Jefferson Street.
Jefferson Street is an important six -lane, regional arterial connecting residents from major
developments, including PGA West to the south, to Interstate 10 to the north. Not only is this
1
FY17/18 SB 821 Bicycle and Pedestrian Facilities Program
BIENNIAL CALL FOR PROJECTS APPLICATION
route important for local connectivity, Jefferson Street connects to Highway 111, a major
commercial corridor for La Quinta, and is used as a main route for people coming from outside
of the Coachella Valley going to the Coachella and Stagecoach Music Festivals held every April
and the new Desert Trip Festival held in the Fall.
As such, it is imperative to provide full pedestrian connectivity to residents and visitors in order
to encourage non -motorized travel. Currently, residents living and visiting along the west side
of Jefferson Street do not have pedestrian access south to Avenue 50 and the neighborhood
shopping center located there. In addition, the closest intersection for an accessible pathway is
at Avenue 49, in the opposite direction of the destinations for many residents. This encourages
Jaywalking and discourages non -motorized transportation.
IV. DESTINATIONS SERVED (15 pts)
Besides residences, the Jefferson Street Corridor in La Quinta provides access to shopping
centers, schools, parks, and golf courses among many other destinations. Within walking
distance of the proposed project; within a three-quarter mile radius; are the Citrus Plaza
Shopping Center, Rancho Del Sol Horse Ranch, Rancho La Quinta Golf Club, Mountain View Golf
Club, and La Quinta Resort. Several of the destinations served by the proposed improvements
include Country Clubs who accept memberships beyond the gates of the Country Club. Due to
the many wellness benefits (sports, pool, spa, dining, etc.) these Country Clubs are a haven for
pedestrian activity. Providing complete pedestrian access to these destinations will promote
active transportation and encourage non -motorized transportation.
1. The Citrus Plaza Shopping Center provides access to the only neighborhood grocery
store within two miles. The shopping center also provides a drug store, a postal service,
and several restaurants.
2. Rio Del Sol is one of the oldest family owned horse ranches in southern California. In
addition to the equestrian services, Rio Del Sol offers residents a park like setting for
parties, weddings, and other special events.
3. The Rancho La Quinta Golf Club offers two full 18 -hole golf courses plus a driving range
and putting green. In addition, the Clubhouse holds the Cantina Restaurant, Golf Shop,
pools, tennis, and a fitness center.
4. The Mountain View Golf Club also offers residents golf, swim, tennis, dining, and
shopping. There is also a wellness spa, fitness center, bocce ball courts, and other
attractions.
2
FY17/18 SB 821 Bicycle and Pedestrian Facilities Program
BIENNIAL CALL FOR PROJECTS APPLICATION
5. The La Quinta Resort is a combination of three large Golf resorts with The Citrus Club
located just west of Jefferson Street. The resort includes three golf courses, swimming,
dining, and shopping among other attractions.
Though not considered within the specified three-quarters of a mile walking distance, many
additional pedestrian heavy destinations are within one mile of the proposed improvements.
The Polo Fields, where the Coachella, Stagecoach, and Desert Trip Festivals are held annually
are only one mile east along Avenue 50. These concerts generate tremendous amount of
pedestrian traffic. One mile west of the proposed improvements are a Boys and Girls Club, a
YMCA, La Quinta Middle School, Harry Truman Elementary School, and La Quinta Sports Park.
V. SAFETY (10 pts)
Many of the destinations served are along Avenue 50 or south of Avenue 50, leaving residents
to either walk in the street, or encouraging them to Jaywalk across Jefferson Street. Jefferson
Street is classified as a minor arterial road with upwards of 26,000 vehicles per day according to
the 2015 CVAG Traffic Count. In addition, the speed limit along Jefferson Street in this section
is 55mph based on an 85th percentile speed of 58mph measured during a 2007 survey.
VI. PROJECT ENHANCEMENT (5 pts)
The proposed project would complete the final missing link along the entire Jefferson Street
Corridor. In addition, a new curb ramp at Jefferson Street and Derek Alan Drive will be
constructed to current ADA standards. The existing curb ramp at the northwest corner of the
Jefferson Street and Avenue 50 intersection, as well as the existing curb ramp at the
intersection of Jefferson Street and Derek Alan Drive will be upgraded to current ADA
standards. These improvements will allow complete ADA access from Interstate 10 to PGA
West.
VII. MULTIMODAL ACCESS (5 pts)
Currently there are no bus routes along Jefferson Street or Avenue 50, so the only way
pedestrians can access the Sunline Bus System is to walk to Highway 111, a mile and a half
north of the proposed improvements. These improvements will not only make it easier for
residents to access the transit stations at Highway 111 and Jefferson Street, but they will also
encourage more people to use the Sunline Transit System to access the Coachella, Stagecoach,
and Desert Trip Festivals.
3
FY17/18 SB 821 Bicycle and Pedestrian Facilities Program
BIENNIAL CALL FOR PROJECTS APPLICATION
VIII. PROJECT BUDGET AND SCHEDULE
The project budget and local match may only encompass the pedestrian or bicycle facility
project; no additional maintenance, street projects, etc. expenses should be included.
Total Estimated Project Cost $ 180,000 (100 %)
Local Match* Committed: (10 pts) $ 90,000 (50 %)
SB 821 Funds Requested: $ 90,000 (50 %)
*Supporting documentation of proposed match must be included.
Breakdown of Estimated Project Cost (must add up to "Total Estimated Project Cost" above):
Engineering/Administration $ 30.000
Right -of -Way $ N/A
Construction $ 150,000
Other (specify): $
Estimated Construction start date (Mo/Yr): 02/2018
Estimated Construction end date (Mo/Yr): 09/2018
IX. CERTIFICATION
I certify that the information presented herein is complete and accurate and, if this agency
receives funding, it will be used solely for the purposes stated in this application and following
the adopted policies.
Signature
Title.��r G ►tDate /ill/ 7
4
FY 2018 SB -821 GRANT APPLICATION
CITY OF LA QUINTA-
(1).---- PROJECT LOCATION
JEFFERSON STREET SIDEWALK GAP CLOSURE
ATTACHMENT 1
VICINITY MAP
FY 2018 SB -821 GRANT APPLICATION
CITY OF LA QUINTA
CITY OF LA QUINTA
CITY OF INDIO
MILE PEDESTRIAN BOUNDARY
MISSING SIDEWALK
r- 1. CITRUS PLAZA
ISHOPPING CENTER
2. RANCHO DEL SOL
HARRY TRUMAN
ELEMENTARY SCHOOL
BOYS AND
GIRLS CLUB
5. LA QUINTA RESORT
—4. MOUNTAIN VI
GOLF CLUB
z
Q ..
7,
7,
C
POLO FIELDS
COACHELLA
AND STAGE COACH
MUSIC FESTIVALS
JEFFERSON STREET SIDEWALK GAP CLOSURE
ATTACHMENT 2
DESTINATIONS SERVED
Agency: City of La Quinta Date 4/5/2017
Estimate By LG
Project: Jefferson Street at Avenue 50 Sidewalk Improvements
Preliminary Estimate
Item
Project Description
Unit
Quantity
Unit Cost
Total
1
Mobilization
1
LS
$ 10,000.00
$ 10,000.00
2
Dust Control
1
LS
$ 5,000.00
$ 5,000.00
3
Traffic Control
1
LS
$ 10,000.00
$ 10,000.00
4
Sawcut & Remove Existing Curb Ramp
2
EA
_
$ 1,500.00
$ 3,000.00
5
Adjust Signal Interconnect Pull box to Grade
4
EA
$ 750.00
$ 3,000.00
6
Relocate City Obelisk/DVBA Sign
1
EA
$ 4,500.00
$ 4,500.00
7
4" Thick Sidewalk per City of La Quinta STD 210 & 241
4815
SF
$ 7.00
$ 33,705.00
8
Curb Ramps per City of La Quinta STD 250 Case A
2
EA
$ 4,500.00
$ 9,000.00
9
Curb Ramps per City of La Quinta STD 250 Case B
1
EA
$ 4,500.00
$ 4,500.00
10
Construct Under Sidewalk Drain
3
EA
$ 5,000.00
$ 15,000.00
11
Modify Landscaping and Irrigation
400
SF
$ 15.00
$ 6,000.00
SUBTOTAL $ 103,705.00
20% CONTINGENCY $ 20,741.00
*Note: This project includes the construction of a 5.5'
sidewalk (6' total width) curb adjacent along the west
side of Jefferson Street between Avenue 50 and Derek
Alan Drive. Work includes the removal and replacement
of two curb ramps, the construction of one new curb
ramp, landscape modifications, construction of under
sidewalk drains, and the relocation of an Obelisk.
Construction
$ 124,446.00
Administration (5%)
$ 6,222.30
Engineering (10%)
$ 12,444.60
Inspection (9.75%)
$ 12,133.49
Professional (7.25%)
$ 9,022.34
Subtotal
$ 164,268.72
Contingency (10%)
$ 16,426.87
Expense Amount Total
$ 180,695.59
- (;}:vffti. I)ESD{I -
City of La Quinta
FY17/18 SB821 Bicycle and Pedestrian Facilities Program
Jefferson Street Sidewalk Gap Closure
ATTACHMENT 4: PHOTOS
Location: Northwest corner ofJefferson
Street and Avenue 50.
Looking north.
Missing Link. No sidewalk access
along Jefferson Street north of Avenue
50.
Location: Northwest corner ofJefferson
Street and Avenue 50.
Looking north.
Pedestrians must walk in the dirt off to
stay off of the busy street. There is no
ADA access for disabled pedestrians.
Attachment 4: Photos
Page 1
4 a
- — GEM of the DESERT —
City of La Quinta
FY17/18 SB821 Bicycle and Pedestrian Facilities Program
Jefferson Street Sidewalk Gap Closure
ATTACHMENT 4: PHOTOS
Location: 200' North of Avenue 50.
Looking south.
Sidewalk gap extends all the way to the
intersection of Avenue 50 and Jefferson
Street.
Location: Northeast corner of Avenue
50 and Jefferson Street.
Looking west.
Non-compliant ADA curb ramp will be
removed and replaced.
Attachment 4: Photos
Page 2
(k --
City of La Quinta
FY17/18 SB821 Bicycle and Pedestrian Facilities Program
Jefferson Street Sidewalk Gap Closure
ATTACHMENT 4: PHOTOS
Location: Northeast corner of Avenue
50 and Jefferson Street.
Looking northwest.
Sidewalk drain to be installed to
maintain adequate street drainage.
Location: 200' North of Avenue 50.
Looking down.
Drainage opening for street drainage
makes it difficult for pedestrians to walk
in the sand. The new sidewalk will
include a drain to preserve this drywell
and maintain street drainage.
Attachment 4: Photos
Page 3
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.
3. Agencies awarded funds will not be reimbursed for any project cost overruns.
4. Agencies being awarded an allocation will be reimbursed in arrears only upon submitting
adequate proof of satisfactory project completion, including but not limited to the claim
form for the fiscal year in which the project was awarded, copies of paid invoices, and
photographs of the completed project.
Attachment 2
17336.00005\30277984.1
5. The allocated amount represents the maximum amount eligible for reimbursement. For
projects completed under the allocated amount, the agency will be reimbursed at the
matching ratio in effect at the time of project selection and approval.
6. The Commission exsects all •ro'ects to be read for construction• therefore an a!enc
will have twenty-four (24) months from the time of the allocation to complete the projeet.
There will be no time extensions granted unless the reason for the delay is due to
unforeseen circumstances. Where substantial progress or a compelling reason for delay
can be shown, the agency may be granted administrative extensions in twelve-month
increments at the discretion 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.
Attachment 2
17336,00005\30277984.1
ATTACHMENT 3
(SCOPE OF WORK)
SCOPE OF WORK:
Construct approximately 900 feet of new sidewalk along the west side of Jefferson Street behind
the existing curb and gutter from Avenue 50 north to Derek Alan Drive.
PROJECT LOCATION
FUNDING:
*Local Match Source: City General Funds
If Total Project Cost is lower than anticipated, Article 3 will be reimbursed at 50% of Total
Project Cost.
BREAKDOWN OF TOTAL PROJECT COST
ARTICLE 3
AWARD
LOCAL MATCH %*
TOTAL PROJECT
COST
PROJECT TITLE:
Jefferson Street
Sidewalk Gap
Closure
$90,000
$90,000
50%
$180,000
*Local Match Source: City General Funds
If Total Project Cost is lower than anticipated, Article 3 will be reimbursed at 50% of Total
Project Cost.
BREAKDOWN OF TOTAL PROJECT COST
Engineering and Administration (Admin. for local match only)
$ 30,000
Construction
$ 150,000
Total Project Cost
$ 180,000
TIMETABLE: Provide at a minimum the beginning and ending dates for each phase of work
including major milestones within a phase.
Attachment 3
17336.00005\30277984.1
Phase
Start
End.
Comments
Engineering
11/27/2017
4/17/2018
This task assumes agreement is executed
by November 27, 2017. End date
includes Council Approval PS&E and
Authorizing Bid.
Construction
4/18/2018
9/18/2018
This task includes Council Awarding Bid
and Final Acceptance.
Attachment 3
17336.00005\30277984.1
ATTACHMENT 4
(PAYMENT CLAIM FORM)
TDA ARTICLE 3 BICYCLE AND PEDESTRIAN FACILITIES
NON -TRANSIT CLAIM FORM
FY 2017/18
CLAIMANT: COUNTY: RIVERSIDE
ADDRESS:
CONTACT PERSON: TITLE:
TELEPHONE NO.:
I verify that the information on this Claim Form is true and accurate to the best of my knowledge.
Signed: Date:
PROJECT NAME::
START._DATE (Mo/Yr):
COMPLETED DATE (Mo/Yr):
TDA ARTICLE 3 REVENUES AND EXPENSES OF CLAIMANT:
Total Project Cost: $ (100%)
Local Match Spent: $ (Enter %)
SB 821 Funds Spent: $ (Enter %)
Breakdown of Total Project Cost:
Administration (for local match only): $
Engineering: $
Right -of -Way (for local match only):
Construction: (Include final billing and back up for Construction
Contract documentation) $
Other: (Specify) (for local match only) $
Total Claim (must add up to "Total Project Cost" above) : $
Attachment 4
17336.00005\30277984.1
ASSURANCE OF MAINTENANCE
TDA ARTICLE 3 SB 821 BICYCLE AND PEDESTRIAN FACILITIES
WHEREAS, THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION HAS ALLOCATED
$_ TO THE CITY/COUNTY OF SIDEWALK/BIKEWAY
PROJECT PURSUANT TO AGREEMENT DATED , 2017; AND,
WHEREAS, THIS INVESTMENT OF PUBLIC FUNDS CAN BE FULLY REALIZED IF THIS
FACILITY IS MAINTAINED TO ADEQUATE OPERATING STANDARDS FOR USE BY COMMUTER AND
RECREATIONAL PEDESTRIAN/BICYCLISTS:
THEREFORE, THE CITY/COUNTY OF ASSURES THAT THIS
FACILITY WILL BE MAINTAINED AT ADEQUATE OPERATING STANDARDS AND RCTC SHALL HAVE
THE RIGHT TO ENFORCE COMPLIANCE WITH THIS MAINTENANCE ASSURANCE THROUGH
APPROPRIATE AND LAWFUL MEANS.
SIGNED:
TITLE:
DATE:
17336.00005\30277984.1