01-011 SCV Trans Authority Bike Program Funds:`.~~~
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SANTA CLARA VALLEY TRANSPORTATION AUTHORITY
1996 MEASURE B BICYCLE PROGRAM FUNDS
COOPERATIVE ,AGREEMENT
This Cooperative Agreement (Agreement) is made as of ~ `^'^e ~ } , 2001
between the Santa Clara Valley Transportation Authority (VTA) -and the City of
Cupertino (Member Agency).
This Agreement is made with reference to the following facts:
A. The VTA Board of Directors adopted the Santa Clara Countywide Bicycle Plan
on October 4, 2000, which included the Tier 1 Priority list of bicycle projects.
B. The Tier 1 bicycle projects will be fiinded out of the Bicycle Expenditure
Program that was adopted by the VTA F3oard of Directors on August 3, 2000.
C. The Bicycle Expenditure Program is a. ten-year $32 million funding program
for the Tier 1 projects in the Santa Cl~~.ra Countywide Bicycle Plan. The $32
million in the Bicycle Expenditure Program includes $12 million from the 1996
measure B Bicycle Program.
D. The Santa Clara County Board of Super. visors approved the Measure B Bicycle
Program on August 17, 2000.
E. VTA has been designated the County of Santa Clara as the Program Manager
for the 1996 Measure B Bicycle Prog~~am, and is responsible for disbursing
Measure B Bicycle Program funds.
F. This Agreement specifies the conditions under which VTA will disburse
Measure B funds to the member Agenc;~ for the Project.
Section 1. Project Description
Member Agency will complete the feasibility study for the proposed trail
along the Union Pacific Railroad corridor in the City of Campbell, the City
of Cupertino, the Town of Los Gatos, ~~nd the City of Saratoga.
Section 2. Award of Measure B Bicycle Funds
$160,000 in Measure B funds will be provided to the Member Agency for
implementation of this Project.
Page 1 of 5
Section 3. Minimum Local Match
Member Agency agrees to provide a local match equal to at least 20% of the total
project cost, as shown in Attachment A. The local match shall not include funds
from the following:
(a) Transportation Development Act Article 3 30% set-aside for the Bicycle
Expenditure Program.
(b) Transportation Fund for Clean Air Program Manager 50% set-aside for the
Bicycle Expenditure Program.
(c) Transportation Equity Act for the 21S` Century Enhancements 2"d Cycle 50% set-
aside for the Bicycle Expenditure Program.
(d) Any other funds approved by the VTA Board of Directors as being dedicated to
the Bicycle Expenditure Program.
Section 4. Bicycle Technical GuidelinE~s' Standards
Member Agency shall ensure that the Project will comply with the standards in
the Bicycle Technical Guidelines adopte~~ by the VTA Board of Directors in
September 1999, unless compliance would result in extraordinary cost and/or
environmental impacts.
Section 5. Review of Plans
Member Agency shall provide two copies c-f the 35% PSE plans of the Project as
soon as they are available for VTA to comment and review.
Section 6. Project Management
Project Management costs are limited to 5% of the Measure B Bicycle funding.
Section 7. Project Management
Member Agency shall submit invoices to VTA with documentation of costs
incurred during the invoice period, using the form shown in Attachment B. VTA
shall pay the Member Agency within thirty days after receipt of each invoice and
to continue making such payments until the Project is complete or the Measure B
Bicycle fund contribution is fully invoiced, ,whichever occurs first.
Section 8. Monitoring and Status Reports
Member Agency shall submit yearly-basis financial and implementation status
reports to VTA by August 1 of each year. 1~:ach report shall itemize the obligation
Page 2 of 5
and expenditure of funds, and the progress to date in the implementation of the
Project.
Section 9. Audit
Member Agency shall retain all books, documents, papers, accounting records
and other evidence pertaining to costs for three years after completion of Project.
Member Agency shall also allow VTA or asp independent auditor selected by VTA
to audit all expenditures relating to the Project and to require all recipients of
funds allocated under this Agreement to fiilly cooperate with such audits, within
three years of the date of the final payment to the Member Agency.
Section 10. Marketing and Public Relations
Member Agency shall use VTA-approved and County of Santa Clara-approved
logos and signage for the Project as shown in Attachment C on signs posted at the
site of all construction. The logos shall be used on any printed material intended
for public dissemination associated with the Project, including but not limited to
brochures, handbooks, schedules, maps, and promotional materials. Member
Agency shall credit the VTA as the Program Manager and the County of Santa
Clara as the funding source in any related articles, news releases, or other
publicity materials that axe produce by the Member Agency for the Project.
Section 11. Notices
Any notice which may be required under t11is Agreement shall be in writing, shall
be effective when received, and shall be gi~~en by personal service, by U. S. Postal
Service mail, or by certified mail (return receipt requested), to the addresses set
forth below, or to such addresses which m,ay be specified in writing to the parties
hereto.
Michael P. Evanhoe
Director, Congestion Management and Highway Program
Santa Clara County Transportation Agency
3331 North >~rst Street, Building B
San Jose, CA 95134
Ralph A. Qualls, Jr.
Director of Public Works
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Page 3 ~~f 5
Section 12. Staff Liaisons
Liaison with the Member Agency with reg:~xd to the day to day activities of the
Project shall be with Ralph A Qualls, Jr. Liaison with the VTA with regard to the
day to day activities of the Project shall lie with Celia Chung. Notification of
change of status of contact persons shall be made in writing within 30 days.
Section 13. Member Agency Liability
Neither VTA nor any officer or employee thereof shall be responsible for any
damage or liability occurring by reason of anything done or omitted to be done by
the Member Agency under or in connection with any work, authority or
jurisdiction delegated to VTA or the Member Agency under this Cooperative
Agreement. Pursuant to Government Co~~e 895.4, Member Agency shall fully
defend, indemnify, and save harmless VTA from all suits or actions of every name,
kind and description brought on for or o~1 account of injury (as defined in to
Government Code Section 810.8) occurring by reason of anything done or omitted
to be done by the Member Agency under or in connection with any work,
authority or jurisdiction delegated to VTA under this Cooperative Agreement.
Section 14. VTA Liability
Neither the Member Agency nor any of°ficer or employee thereof shall be
responsible for any damage or liability occurring by reason of anything done or
omitted to be done by VTA under or in connection with any work, authority or
jurisdiction delegated to Member Agen~:y or VTA under this Cooperative
Agreement. Pursuant to Government Code 895.4, VTA shall fully defend,
indemnify, and save harmless Member Agency from all suits or actions of every
name, kind and description brought on for or on account of injury (as defined in
to Government Code Section 810.8) occurring by reason of anything done or
omitted to be done by VTA under or in connection with any work, authority or
jurisdiction delegated to VTA under this Agreement.
Page 4 of 5
Section 15. Additional Terms and Conditions
A. Member Agency shall fully expend me~~sure B Bicycle Program funds by June
30, 2006.
B. This Agreement shall terminate on Jur-e 30, 2006, unless all parties agree, in
writing, to an extension.
C. No alternation or variation of the terms of this Cooperative Agreement shall be
valid unless made in writing and signed by both of the parties hereto and no
oral understanding or agreement or agreement not incorporated herein shall
be binding on any of the parties hereto.
CITY OF CUPERTINO SANTA CLAR.A VALLEY
(Member Agency) TRANSPORTATION AUTHORITY
(VTA)
(o .
avid W. Knapp, ity M ger ~B2
i
Approved as to Form:
Legal Counsel
~~pproved as to Form:
]regal C nsel C% a ~ ~j p
Page 5 of 5
Attachment A
Measure B Bicycle Program Cooperative Agreement
Funding Matrix and Schedule for
UPRR Trail
Countywide Bike Plan Project ID# B17
City of Cupertino
21-May-O1
Bicycle Expenditure Pro ram Local Match 20% m inimum Total
Meas. B Other $ Souces Campbell Cupertino Los Gatos Saratoga
Plannin Studies $160 000 $2 000 $18,000 $10,000 $10,000 $200,000
Environmental $0
Desi PSE $0
Ri ht of Wa $0
Construction $0
$160,000 $0 $2,000 $18,000 $10,000 $10,000 $200,000
Schedule (Calendar mo/yr)
Milestone Start End
Feasibility Study Apr-O1 Oct-O1
Plannin
PE/Environmental
Desi n/PSE
ROW
Construction
Total BEP $160,000
Total Local match $40,000
local match of total 20.0%
Attachment B
1996 Measure B Bicycle Program
Request for Reimbursement
Countywide Bike Plan Proj ID#:
Agency:
Contact:
Phone:
Date:
Request #:
For this period of work start date:
Project Title:
Project Location & limits:
Description of Work funded by Measure B:
end date:
Please attach support documentation for this reimbursement
Total Project Allocation Amount: $
Less cumulative previous requests: $
Remaining balance after previous request: $ 0
Amount of this request: $
ect Allocation Amount for future requests: $ 0
To the best of my knowledge, the above informati~~n is true and accurate and
I have been authorized by the project sponsor to request this disbursement of funds.
Name:
Title:
Date:
Agency:
Signature
VTA approvals:
OK to pay $
Celia Chung, Transportation Planner Michael P. Eva.nhoe, Director
Attachment C
Bicycle Program Construction Sign Template
8 feet (96")
1996-Measure B Bicycle Program
rV/ IIIV/G IIUV/ t1/AWV1t• 7T 1T7T.fT1T7T.7T1T7T7T' n n ~~.~~~~~~~~~
4 feet
(48")
M..:u1. ~
~~~
Counq of Sanb Clra s .. ~ . < < .. ~
lhile~- Tna~porlWia Astluritr
With: jurisdiction Name Jurisdiction Name
With thanks to the SiiiconValley Manufacturing Group
J ~~
~!.
SECOND AMENDMENT
MEASURE B PAVEMENT M1~NAGEMENT PROGRAM
COOPERATIVE 1~GREEMENT
This Amendment No. 2 to the Measure B C~~operative Agreement between the
Santa Clara Valley Transportation Authority and the City of Cupertino is agreed to
as follows:
1. Section 1: PMP Funding, is hereby ame~lded to add the following:
The allocation shall be increased by $9~~,862 to reflect Transportation Equity
Act for the 21~` Century (TEA-21) Revenue Aligned Budget Act (BABA) funding
exchange amounts approved by the VTA Board of Directors on December 14,
2000. The revised total Measure B PMF' allocation is $2,631,543.
2. All other terms, covenants and conditions of the agreement remain in full force
and effect.
In Witness Whereof, the parties to the AgrE~ement have executed this amendment
as of the latest date shown below.
City of Cupertino
(City)
Dated: ~ 0 ~
City Manager
Approved As To Form:
City Attorney
Santa Clara Valley Transportation Authority
(V'rA) ! i
Dated: ~~~ y
Peter M. Cipolla, General Manager
ApprovE~d As To Form:
~~
Legal C~C~ nsel S'~`~-O ~
n
~~ ~~
r
S A N T A C l A R A
® Valley Transportation Authorit~~
May 21, 2001
David Knapp
City Manager
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Dear David:
Attached please find an executed copy of the Pavement Management Program
Cooperative Agreement, Amendment No. ~: for your files. The agreement
establishes the revised total PMP allocation of $2,631,543 through FY 2001,
including FY 1999, FY 2000, the TEA-21 First and Second Cycle funding exchange,
and the RABA funding amounts.
Administration of these new PMP funds will be handled ire the same manner as the
existing PMP funds, following the Policies and Procedures described in the
Cooperative Agreement. Requests for the r-ewly allocated funds may now be
submitted.
If you have any questions regarding this process, please contact Cynthia Santoro
at (408) 321-5862. VTA looks forward to working with the City of Cupertino on
successful implementation of the Measure AB and federally funded Pavement
Management Program.
Sincerely,
'/~~~
Michael P. Evanhoe
Director, Congestion Management and
Highwa3- Programs
Enclosure
C: Ralph Qualls, Director of Public Works
3331 North First Street • San Jose, CA 95134-1906 • Administration 408.321.5555 • Customer Service 408.321.2300