05-086, Santa Clara VTA
SANTA CLARA VALLEY TRANSPORTATION AUTHORITY
1996 MEASURE B BICYCLE PROGRAM
FUND TRANSFER AGREEMENT
This Fund Transfer Agreement (Agreement) is made as of 0(.. r. II ,2005, 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. On November 5, 1996, the voters of Santa Clara County enacted by majority vote the
1996 Measure A Sales Tax program and the 1996 Measure B sales tax. The 1996
Sales Tax program included $12 million for bicycle projects in Santa Clara County
(The Measure B Bicycle Program).
B. VT A has been designated by the County of Santa Clara as the Program Manager for
the 1996 Measure B Bicycle Program, and is responsible for disbursing Measure B
Bicycle Program funds.
C. The VTA Board of Directors adopted a revised Santa Clara Countywide Bicycle Plan
on December 9, 2004, which included Member Agency's Mary Avenue Bicycle
Footbridge, in the list oftop priority list of bicycle projects.
D. This Agreement specifies the conditions under which VT A will disburse Measure B
Bicycle Program funds to Member Agency for the Mary Avenue Bicycle Footbridge
over Interstate Route 280.
Section 1. Project Description
Member Agency will complete construction ofthe Mary Avenue Bicycle Footbridge over
Interstate Route 280 in the City of Cupertino ("PROJECT"). The Project location is
shown in Attachment A.
Section 2. Award of Measure B Bicycle Funds
VTA shall provide $5,685,203 in Measure B Bicycle Program funds to Member Agency
for implementation of the Project.
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 B. The local match shall not include funds from the
following sources:
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 21 8t Century Enhancements 2nd Cycle set aside
for the Bicycle Expenditure Program
d) Any other funds approved by the VT A Board of Directors as being dedicated to
the Bicycle Expenditure Program
Section 4. Bicycle Technical Guidelines' Standards
Member Agency shall ensure that the Project complies with the standards in the Bicycle
Technical Guidelines adopted by the VTA Board of Directors in September 1999, unless
compliance would result in extraordinary cost or environmental impacts.
Section 5. Review of Plans
Member Agency shall provide a copy of the Complete Plans, Specifications and
Estimates (PSE) of the Project to VTA as soon as they are available.
Section 6. Administrative Costs
Member Agency's allowable administrative costs for the Project are limited to 5% ofthe
Measure B Bicycle funding provided hereby.
Section 7. Reimbursements
Any costs incurred for the Project before full execution of this Agreement are not eligible
for reimbursement. Member Agency shall submit invoices to VT A with documentation
of costs incurred during the invoice period, using the form shown in Attachment C. VT A
shall pay Member Agency within thirty days after receipt of each invoice and 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 a financial and implementation status reports to VT A by
September 30, 2005 and January 30, 2006. The report shall itemize the obligation 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 the Project. Member
Agency shall also allow VT A or an independent auditor selected by VT A to audit all
expenditures relating to the Project and to require all recipients of funds allocated under
this Agreement to fully cooperate with such audits, within three years of the date of the
final payment to Member Agency.
Section 10. Marketing and Public Relations
Member Agency shall use VT A-approved and County of Santa Clara-approved logos and
signage for the Project as shown in Attachment D on signs posted at the site of all
Page 2 of 4
construction. The logos shall be used on any printed material intended for public
dissemination associated with the Project, including brochures, handbooks, schedules,
maps, and promotional materials. Member Agency shall credit the VT A as the Program
Manager and the County of Santa Clara as the funding source in any related articles,
news releases, or other publicity materials produced by Member Agency for the Project.
Sections 11. Notices
Any notice which may be required under this Agreement shall be in writing, shall be
effective when received, and shall be given 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 may be specified in writing to the parties hereto,
Carolyn M. Gonot
Chief Development Officer
Santa Clara Valley Transportation Authority
3331 North First Street
San Jose, CA 95134
Ralph Qualls
Public Works Director
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Section 12. Staff Liaisons
Liaison with Member Agency with regard to the day-to-day activities ofthe Project shall
be with Carmen Lynaugh in the Engineering Division. Liaison with VT A with regard to
the day-to-day activities of the Project shall be with the Bicycle Program Manager.
Notification of change of status of contact persons shall be made in writing within thirty
30 days.
Section 13. Member Agency Liability
Neither party nor any officer or employee thereof shall be responsible for any damage or
liability occurring by reason of the acts or omissions of the other party under this Funding
Agreement. Pursuant to Government Code Section 895.4, each party shall defend, with
counsel acceptable to the other, indemnify, and save harmless, the other party, its officers
and employees, from all claims, suits or actions for or on account of injury (as defined in
Government Code Section 810.8) occurring by reason ofthe acts or omissions of such
indemnifying party under this Funding Agreement.
Section 14. Additional Terms and Conditions
A. Member Agency shall fully expend Measure B Bicycle Program funds by June 30,
2006.
Page 3 of 4
B. This Agreement shall terminate on June 30, 2006, unless all parties agree, in writing,
to an extension.
C. No alternation or variation of the terms of this Fund Transfer Agreement shall be
valid unless made in writing and signed by both of the parties hereto and no oral
understanding or agreement not incorporated herein shall be binding on any of the
parties hereto.
CITY OF CUPERTINO
(MEMBER AGENCY)
SANTA CLARA VALLEY
TRANSPORTATION AUTHORITY
(VT A)
j1JGJ
David W. Knapp, Cit
1, (3. ~ <;- ~.j / I---
Michael T. Buiis, General Manager
Approved as to Form:
Approved as to Form:
~
City Attorney
CO~~5
Page 4 of 4
Attachment B
Measure B Bicycle Program Cooperative Agreement
Funding Matrix and Schedule for
Mary A venue Bicycle Footbridge over 1-280
Countywide Bike Plan Project 10# BOl
City of Cupertino
8/20/2005
Bicycle Expenditure ProQram Local Match (20% minimum) Total
Meas. B Other $ Souces Source Source Source
Planning Studies $0
Environmental $0
Design (PSE) $0
RiQht of Way $0
Construction $5,685,203 $5,685,203
$5,685,203 $0 $0 $0 $0 $5,685,203
Schedule
(Calendar mo/yr)
Milestone Start End
Feasibility Study
Planning
PE/Environmental
Design/PSE
ROW
Construction 1-Jan Jul-06
Total BEP $5,685,203
Total Local match
% local match of total 0.0%
Attachment C
1996 Measure B Bicycle Program
Request for Reimbursement
Project Title: Mary Avenue BikelPed Footbridge
Countywide Bike Plan Project
Agency: Cupertino
Contact: Glenn Goepfert
Phone: 408-777-3244
Project Location & limits: Mary Ave. over 1-280 in Cupertino
Description of Work funded by Measure B: Construction
Datc:
Rcqucst #:
For this period of work
start datc:
end datc:
Please attach support documentation for this reimbursement
'rotal Project Allocation Amount:
Less cumulativc previous rcqucsts:
Remaining balance after previous requests:
Amount of this request:
$
$
$
$
5,685,203
5,685,203
Rcmaining Project Allocation Amount for future requests: $
5,685,203
To the best of my knowledge, the above information is true and accurate and
I have been authorized by the project sponsor to request this disbursement of funds.
Name:
Title:
Datc:
Agency:
Signature
VT A approvals:
OK to pay $
Michelle DeRobertis, Sr. Transportation Planner Carolyn M. Gonot, Chief Development Officer
RESOLUTION NO. 05-127
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF CUPERTINO AND V ALLEY TRANSPORTATION
AUTHORITY TO ACCEPT AND RECEIVE 1996 MEASURE B BICYCLE
EXPENDITURE PROGRAM FUNDING IN THE AMOUNT OF $5,685,203 FOR
THE MARY A VENUE BICYCLE PEDESTRIAN BRIDGE PROJECT
WHEREAS, on June 16, 2005, the Santa Clara Valley Transportation Authority approved
Measure B Bicycle Program Expenditure funding in the amount of $5,685,203 for construction
of the Mary Avenue Bicycle Footbridge; and
WHEREAS, the City of Cupertino must execute a funding agreement with the Santa
Clara Valley Transportation Authority in order to receive this grant in the allocated amount
dedicated to the Mary Avenue Bicycle Footbridge project; and
NOW, THEREFORE, LET IT BE RESOLVED that the City Council of the City of
Cupertino hereby authorizes the City Manager to accept and receive 1996 Measure B Bicycle
Program funding in the amount of $5,685,203 for the Mary A venue Bicycle Pedestrian Bridge
Project; and
BE IT FURTHER RESOL VED THAT the City Council of the City of Cupertino hereby
authorizes the City Manager to execute said agreement on behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 16th day of August 2005, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
K wok, Lowenthal, Sandoval, W ang, James
None
None
None
ATTEST:
. 1M
Ci~
THIS IS TO CERTIFY THAT THE WITHIN
INSTRUMENT IS A TRUE AND CORRECT COpy
OF THE ORIGINAL ON FILE IN THIS OFFICE
ATTESTALI~Sf- c9q .2005-
CITY CLERK F THE CITY OF CUPERTINO
BY ~ 8-.d9~11
r'r CITY CLERK