98-106 Transportation Fund for Clean Air1%, ` 0�O
SANTA CLARA COUNTY TRANSIT DISTRICT
CONGESTION MANAGEMENT PROGRAM
TRANSPORTATION FUND FOR CLEAN AIR
AGREEMENT .
FY 1998/1999
-7 z,,, -6, � 99 6, 6
This Agreement is between the Santa Clara County Transit District, also known as the Santa Clara
Valley Transportation Authority, (VTA) and the City of Cupertino (Sponsor).
This Agreement is made with reference to the following facts:
A. VTA has been designated by the Cities of Santa Clara County and by the County as the- Program
Manager in Santa Clara County for Transportation Fund for Clean Air (TFCA) 40% funds.
B. Pursuant to that designation, VTA is responsible for disbursing TFCA 40% funds to eligible
project sponsors in accordance with its agreement with the Bay Area Air Quality Management
District (BAAQMD).
C. This Agreement specifies the conditions under which VTA will reimburse TFCA-40% funds to
Sponsor for fiscal year 1998/1999.
Section 1. Description Of Projects, Grant Amount And Monitoring Requirements
Sponsor agrees to implement and complete the De: Anza Bike Lanes Project, and the Stelling Road
Bike Lanes Project described in the project summary in Attachment A, which is attached hereto and
incorporated herein, in consideration of a TFCA grant in an amount not to exceed $128,000 (does not
include local matching funds) furnished by VTA to Sponsor as provided herein. Sponsor shall comply
with the project schedule and monitoring requirements as described in Attachment A.
Section 2. Expenditure Of Funds
Sponsor shall submit invoices at quarterly intervals to VTA for reimbursement of costs incurred to
implement the Projects. Sponsor shall include auditable back -up documentation (time sheets, bills,
etc.) with each invoice. Upon review and approval of invoices and documentation, VTA shall
reimburse Sponsor within 90 days of invoice submission for all eligible expenditures uff to the
maximum amount described in Section 1 of this Agreement. Unless otherwise stated in this
Agreement, only those project costs incurred by Sponsor on or after July 1, 1998 shall be considered
reimbursable expenditures. Funds for the Projects described in this Agreement which are not claimed
for reimbursement by invoices submitted prior to December 31, 2000, shall no longer be available for
said Projects.
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Section 3. State Audit
This Agreement shall be subject to the examination and audit of the State Auditor pursuant to
Government Code Section 8546.7 for a period of three years after final payment hereunder.
Section 4. Indemnification
Sponsor shall defend, indemnify and save harmless the VTA from all claims, suits or actions resulting
from the performance by Sponsor of its duties under this Agreement.
Section 5. Additional Terms And Conditions
Sponsor shall:
A. Maintain, or cause to be maintained, adequate :records to fully document the receipt and
expenditures of BAAQMD funds and any interest accrued thereon while in the Sponsor's accounts
or control.
B. Apply all interest accrued from funds received under this Agreement towards the Projects
approved by VTA. The application of any such interest to other projects shall be at the discretion
of VTA after consultation with BAAQMD.
C., Return to VTA any funds and associated interest unexpended within two years of the date of
receipt of the funds unless a project schedule involving use of these funds, which extends beyond
the two years, has been approved by VTA and BAAQMD.
D. Limit administrative costs in the handling of these funds to no more than five percent of the funds
received under this Agreement.
E. Allow VTA or BAAQMD to audit all expenditures relating to the Projects and to require all
recipients of funds allocated under this Agreement to fully cooperate with such audits. For the
duration of the Projects and for three years following completion of the Projects, Sponsor shall
promptly furnish the request of VTA or BAAQMD, or an independent auditor selected by VTA or
BAAQMD, all records relating to Project performance and expenses incurred in implementing the
Projects.
F. To maintain employee hourly time sheets documenting the time spent by Sponsor's employees for
the Projects, or to use an alternative method, approved in advance by VTA or BAAQMD, to
document staff costs charged to this grant.
G. Require hourly employee time sheets to be maintained documenting the time spent by contractors
or consultants who are paid by the hour in the implementation of the Projects with funds received
under this Agreement, or to use an alternative method, approved in advance by VTA or
BAAQMD, to document staff costs charged to this grant.
H. Keep necessary records of the performance of the Projects as specified in Attachment A to expedite
evaluation of emissions reductions achieved from implementation of the Projects.
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Submit biannual progress reports to VTA one month after the end of the second quarter of each
fiscal year and within two months of the end of each fiscal year. ( "Fiscal year" means the period
starting July 1, and ending June 30.) Each report shall itemize (a) the expenditure of the funds, (b)
progress to date in the implementation of each funded project and (c) the results of the monitoring
of the performance of the Projects as specified in Attachment A. Annual reports shall be submitted
until each project listed in Attachment A is completed and all monitoring requirements have been
fulfilled.
Use the BAAQMD's approved logo for the Tninsportation Fund for Clean Air for Projects, as
specified below:
(1) The logo shall be used on signs posted at the site of any construction;
(2) The logo shall be displayed on any vehicles operated.with or obtained as part of the Projects;
(3) The logo shall be used on any printed material intended for public consumption associated
with the Projects, including project related transit schedules, brochures, handbooks,
maps created for public distribution, and promotional material.
K. Credit VTA and BAAQMD as a funding source in any related articles, news releases or other
publicity materials for the Projects which are produced or caused to be produced by the Sponsor.
L. Assure that all funds received under this Agreement are expended only in accordance with all
applicable provisions of law for projects which. are implemented by Sponsor, and to require the
other recipients of grant funds for the Projects to do the same.
M. To the extent not otherwise prohibited by law, and to the extent required by the California Public
Records Act, place in the public domain any software, written document, or other product
developed with funds received through this Agreement.
N. Either obtain approval for alternate use of, or return to VTA, any funds realized from the sale or
other disposition of any vehicles purchased with TFCA funds if such sale or disposition occurs
before the useful life of the vehicle has expired. as generally recognized within the industry. The
amount of funds returned to VTA shall be proportional to the percentage of TFCA funds originally
used to purchase the vehicles as compared to the total price paid for the vehicles. Any such funds
returned to VTA shall be reallocated to eligible: projects approved by VTA and BAP�QMD.
VTA shall:
A. Reimburse Sponsor's project costs as provided In Section 2', up to the maximum grant amount
shown in Section 1.
B. Review Sponsor's progress in implementing the Projects at the end of the sixth quarter following
execution of this Agreement.
C. If progress at the sixth quarter review is insufficient to implement the Projects and /or to expend the
funds within the period described in Section 2, VTA shall develop an action plan with the Sponsor
CUP_9899.DOC Page 3 of 4 11/2/98
to ensure that these funds are not lost to the county. VTA may, at its discretion, reprogram funds
to other projects within Santa Clara County to ensure their expenditure prior to the fund expiration
date described in Section 2.
Section 6. Amendments
Amendments to this Agreement, including modifications to the Projects, shall be made in writing, and
signed by both parties.
In Witness Whereof, the Parties have executed this Agreement as of the latest date shown below.
City of Cupertino
(Sponsor)
Dated:
J
Donald D. B own, City Manager
Approved As To Form:
//t
Charles T. Kilian, ' ity Attorney
Santa Clara County Transit District
(VTA)
leev--eter M. Cipolla, General Manager
Approved • Form:
CU.P_9899.DOC Page 4 of .4 11/2/98
ATTACI -[MENT A
PROJECT INFORMATION
Project Number: 98 -SC -07 Project Sponsor: City of Cupertino
Project Contact: Raymond Chong _ Contact Phone #: (408) 777 -3240
Project Title: De Anza Blvd. Bike Lanes _
_ TFCA $ Allocated: $ 48.000 Total Project Cost: $ 60,000
Other Funding: Amount Source
$12.000 City of Cupertino
A. Project Description:
The project will install 2.2 miles of Class 2 bicycle lanes on De Anza Blvd. between 1 -280 and Highway 85 in
Cupertino. De Anza Blvd. is currently a designated bike route as well as a busy street which is designated a
principal arterial in the Congestion Management Roadway Network.
B. Project Scope
The project scope includes traffic striping, pavement markings, roadside signs, and associated hardware. A
consultant will be retained to prepare the plans, specifications and estimates. A contractor will be hired to
install the improvements.
C. Project Schedule: Start Date (mo /yr) July 1. '1998 Completion Date (mo /yr) September 30. 1999
(For fulfillment of monitoring requirements.)
Milestone Dates
July 1, 1998
July 1, 1998
August 1998
September 1998
October 1998
November 1998
December 1998
February 1999
July 1999
September 1999
Project Start
Obtain Environmental Clearance
Begin Plans, Specifications & Estimates
End of Plans, Specifications & Estimates
Advertise for Bids
Award and Contract with Contractor
Start Construction
End Construction
Submit Report to SCVI "A
Final Monitoring Report Complete
D. Monitoring Requirements: Complete and submit Project Monitoring Form 3 within one year of completion of
the improvements.
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ATTACHMENT A
PROJECT INFORMATION
Project Number: 98 -SC -08 Project Sponsor: City of Cupertino
Project Contact: Raymond Chong _ Contact Phone #: (408) 777 -3240
Project Title: Stelling Rd. Bike Lanes _
TFCA $ Allocated: $ 80.000 Total Project Cost: $ 100.000
Other Funding: Amount Source
$20.000 City f f Cupertino
A. Project Description: The project will install 2.0 mile of Class 2 bicycle lanes on Stelling Rd. between
McClellan Rd. and South De Anza Blvd. Stelling Rd. is a busy collector corridor and currently designated
bicycle route in Cupertino. Stelling Rd. connects Stevens Creek Blvd. and De Anza Blvd., which are
designated bike routes and principal arterials on the Congestion Management Program Roadway Network.
This project will close a significant gap.
B. Project Scope
The work scope includes traffic stripes, pavement markings, roadside signs, bike loop detectors, island
modifications, and associated hardware. It also includes an easement for the bike lane. A consultant will
prepare plans, specifications and estimates. A contractor will install the improvements.
C. Project Schedule: Start Date (mo /yr) July 1. 1998 Completion Date (mo /yr) September 30. 1999
(For fulfillment of monitoring requirements.)
D. Milestone Dates:
July 1, 1998
Project Start
July 1998
Obtain Environmental Clearance
August 1998
Request for Proposals
September 1998
Consultant Selection
October 1998
Begin Plans, Specifications & Estimates
November 1998
Acquire Easement
December 1998
End of Plans, Specifications & Estimates
January 1999
Advertise for Bids
February 1999
Award and Contract with Contractor
March 1999
Start Construction
May 1999
End Construction
July 1999
Submit Report to SCVTA
September 1999
Final Monitoring Report: Complete
E. Monitoring Requirements:
Complete and submit Project Monitoring Form 3 within one year of completion of the improvements.
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TFCA Project #
Project Title:
ATTACHMENT A
PROJECT MONITORING FORM 3
Bicycle Projects
Project Sponsor:
Contact: _ Phone:
TFCA $ Expended: $
Project Start Date:
Total Project Cost: $,
Completion Date:
Date
Complete the section that applies to the type of bicycle: project implemented. Use additional sheets as needed
On Road Bicycle Improvements: Provide the following information for each segment of project. User counts
should be performed on a weekday during the May- September period (excluding Bike to Work Week). Post -
project count should be performed 3 -6 months after completion of the facility. Counts may be performed for the
entire day, or during the a.m. and p.m. peak periods, i.e. 7 -9 a.m. and 4 -6 p.m.
Pre- Project Count Post- Project Count
'Segment
,Name
Class 1,
;2; or 3
Segment
Length,: ,
ADT on ,
.:Segment;.,;
Date
Hours of
Count
# Bikes
per.Day
Date
Hours of
Count .
# Bikes
per Day
Ca aci
p tY _u
Unit ._:;
Users /Da . ;
Y
Ohe -Wa
( Y)
Mode .
Lockers
_
Racks
_
Bicycle Lockers and Racks: Rack user counts should be performed anytime between 10 a.m. and 2 p.m.
during a weekday in the May- September period (excluding Bike to Work Week).
Attach a map showing location(s) of lockers /racks. Describe methodology to determine user data. For locker
projects, attach results of a survey of locker users to determine the following:
1. prior travel mode (for similar trip before lockers were installed)
2. average number of days per week commuting by bike before lockers were available
3. current number of days per week commuting by bike
4. average length of bicycle trip
Note: Air District can provide a survey questionnaire upon request.
Bicycle Racks on Buses: Count of rack users should be performed all day (7 a.m. to 6 p.m.) on a weekday in
the May- September period (excluding Bike to Work Week).
#.Racks
Installed .::
# Bikes
per;Rack
Total Bik6 ",
� Cost per.
Manufacturer
Avg. #
Avg. Trip Length
Prior Travel
r ..
Installed
Ca aci
p tY _u
Unit ._:;
Users /Da . ;
Y
Ohe -Wa
( Y)
Mode .
Lockers
_
Racks
_
Attach a map showing location(s) of lockers /racks. Describe methodology to determine user data. For locker
projects, attach results of a survey of locker users to determine the following:
1. prior travel mode (for similar trip before lockers were installed)
2. average number of days per week commuting by bike before lockers were available
3. current number of days per week commuting by bike
4. average length of bicycle trip
Note: Air District can provide a survey questionnaire upon request.
Bicycle Racks on Buses: Count of rack users should be performed all day (7 a.m. to 6 p.m.) on a weekday in
the May- September period (excluding Bike to Work Week).
#.Racks
Installed .::
# Bikes
per;Rack
Cost per
Unit
Manufacturer "'
.,Avg: #
Users /Day
Avg.: Trip -Length
(One =Way)
# Daily Boardings
System =wide
Police Bicycle Projects: (based upon one year of operation experience with the bicycles)
Type of Bike-,
# Bikes
Purchased
'Total Bike Patrol
Hours per Year
Total Bike Patrol
i,Vliles per Year
Total Patrol Car Miles
Reduced Per Year
Avg. Patrol Car
Speed
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