Loading...
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. CUP_9899.DOC Page 1 of 4 11/2/98 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. CUP_9899.DOC Page of 4 11/2/98 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. Cup_9899.DOC 11/2/98 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. Cup_9899.DOC 11/2/98 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 Cup_9899.DOC 11/2/98