CC Resolution 13101 - Authorization to Execute Funding Agreement and Approve Budget Adjustment for Hamilton Avenue/Highway 17 Bicycle Overcrossing RESOLUTION NO. 13101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
APPROVING A FUNDING AGREEMENT FOR THE HAMILTON AVENUE/HIGHWAY
17 BICYCLE OVERCROSSING STUDY AND AUTHORIZING THE CITY MANAGER
TO EXECUTE THE AGREEMENT
WHEREAS, on February 7, 2023, the City Council adopted Resolution No. 12935
authorizing the Public Works Director to submit a 2016 Measure B Bicycle & Pedestrian
Planning Studies Competitive Grant Program Grant Application for the Hamilton
Avenue/Highway 17 Bicycle Overcrossing Planning Study; and
WHEREAS, on June 1, 2023, the Santa Clara Valley Transportation Authority (VTA)
Board voted to 1) approve the recommended project list for the 2016 Measure B Bicycle
& Pedestrian Planning Studies Competitive Grant Program FY2022 to FY2023 call for
projects; and 2) authorize the VTA General Manager to execute the necessary
agreements for the 2016 Measure B Bicycle & Pedestrian Planning Studies Competitive
Grant Program funds; and
WHEREAS, the recommended project list included the Hamilton Avenue/Highway 17
Bicycle Overcrossing Planning Study; and
WHEREAS, the Hamilton Avenue/Highway 17 Bicycle Overcrossing Planning Study
would evaluate how best to improve bicycle and pedestrian mobility across State Route
17 near the existing Hamilton Avenue Bridge; and
WHEREAS, the goal of the study would be to develop feasible alternatives, assess the
impacts of each alternative, and determine a preferred alternative to carry forward to final
design; and
WHEREAS, the project is estimated to cost $380,000; and
WHEREAS, the Santa Clara Valley Transportation Authority (VTA) awarded $266,000 in
2016 Measure B Bicycle & Pedestrian Planning Studies Competitive Grant Program
Grant Funds to the Hamilton Avenue/Highway 17 Bicycle Overcrossing Planning Study;
and
WHEREAS, the draft funding agreement provides a project description and outlines the
terms of the agreement including the project cost, each party's financial contribution to
the cost of the project, reimbursement, eligible use of funds, invoicing, and each party's
responsibilities; and
WHEREAS, execution of the funding agreement is required before the City can proceed
with the project; and
WHEREAS, $114,000 in American Rescue Plan Act (ARPA) Funds are required to serve
as the local match.
WHEREAS, to use ARPA Funds, contracts with vendors using the funds must be fully
executed by December 31, 2024, and the funds must be fully spent by December 31,
2026; and
WHEREAS, the project would tentatively be completed by December 2025.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Campbell that
the City Council approves the funding agreement and authorizes the City Manager to
execute the funding agreement for the Hamilton Avenue/Highway 17 Bicycle
Overcrossing Planning Study; and
BE IT FURTHER RESOLVED that the City Council authorizes the use of $114,000 in
ARPA funds to serve as the local match; and
BE IT FURTHER RESOLVED that the City Council approves the budget adjustment
allocating $114,000 in ARPA Funds to the Hamilton Avenue/Highway 17 Bicycle
Overcrossing Planning Study and related transfers.
PASSED AND ADOPTED this 22nd day of January, 2024, by the following roll call vote:
AYES: Councilmembers: Bybee, Furtado, Scozzola, Lopez, Landry
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:
Susan M. Landry, Mayor
ATT=ST:741,474
Andrea Sa'r�12///da6
ers, City Clerk
FUNDING AGREEMENT
BETWEEN
CITY OF CAMPBELL
AND
SANTA CLARA VALLEY TRANSPORTATION AUTHORITY
FOR
HAMILTON AVENUE/HIGHWAY 17 BICYCLE OVERCROSSING PLANNING STUDY
THIS agreement ("Agreement") is between the City of Campbell ("City") and Santa Clara Valley
Transportation Authority ("VIA") and is entered into as of the last date of signature below ("Effective
Date"). City and VTA may be individually referred to as a"Party"or collectively referred to as the"Parties."
I. RECITALS -"`
A. Whereas,on June 24,2016,the VTA Board of Directors adopted a resolution.to place a ballot measure
before Santa Clara County voters in November.2016, to authorize a one-half"of one percent retail
transaction and use tax for 30 years for nine transportation-related program categories ("2016
Measure B");
B. Whereas, on November 8, 2016,SantatClara County voters enacted 2016 Measure B;
C. Whereas,on October 5,2017,the VTA Board'of Directors""(i)established the 2016 Measure B Program
("Program"),which'includes a Bicycle and Pedestrian program category to fund bicycle and pedestrian
projects and educationalprograms`( Bike/Ped Category")and(ii)adopted the 2016 Measure B Bicycle
& Pedestrian Program Guidelines("Bike/Ped Guidelines"), attached as Exhibit A; and
D. Whereas, VTA and City desire to'specify the'terms and conditions under which VTA will administer
Bike/Ped Category funds"to,,City per`the Bike/Ped Guidelines.
NOW,THEREFORE,for good and'"valuable consideration,the Parties agree as follows:
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II. AGREEMENT
y s°A. Project Description.
The Project ("Project") is to develop a planning study that will evaluate how best to improve bicycle
and pedestrian mobility on Hamilton Avenue over State Route 17. The Project will develop feasible
alternatives, assess the impacts of each alternative, and determine a preferred alternative to carry
forward to final design. The project would study existing bicycle and pedestrian facilities along
Hamilton Avenue, bicycle and pedestrian travel patterns, surrounding context and planning efforts
alternative alignments, impacts to utilities and right-of-way, environmental impacts, structural and
geotechnical constraints, recommended preferred alignment,and preliminary project cost estimates.
Rev. 12/13/2023 Page 1 of 19
Deliverables include the preferred alignment and preliminary cost estimates. The Project location is
Hamilton Avenue between Highway 17 Southbound Off-ramp/Salmar Avenue and Creekside Way.
B. Term of Agreement.
The term of this Agreement will commence on the Effective Date and continue through the earlier of:
n(i)December 31,2025,(ii)completion of the Project,(iii)cancellatio of the Project,or(iv)termination
of this Agreement pursuant to these terms and conditions. ^'
C. Cost of Project.
Total Project Cost. The total cumulative dollar amount actually incurred and expended toward the
Project by all Parties involved, as measured atfthe-completion or termination of the Project ("Total
Project Cost") is expected to be$380,000 ("Budgeted Project Cost").
D. Financial Contribution to Cost of Project:"
1. VTA's Financial Contribution to the Project VTA will contribute Bike/Ped Category funds in an
amount not to exceed$266,000 (70,o,f,Budgeted'Project Cost)for City to use for completion of
the Project. All funds will be'available on a reimbursement basis Eligible Costs (as defined in
Paragraph F.1 below), pursuant to this Agreement.
2. City's,Financial Contr butionn to the Project. City is solely responsible for (i) all funds it has
expended toward the Project'prior to the"Effective Date; and (ii) all funds required to complete
the Project aboveVTA's Financial Contribution to the Project. In all circumstances, City must
contribute a minimum of 30%ofthe Total Project Cost.
3. Project Savings. If the Project is delivered under the Budgeted Project Cost, VTA's Financial
Contribution to,the Project will be reduced to an amount that is 70%of the Total Project Cost.
E. Reimbursement.
1. VTA will reimburse City in the amount of: (i) Eligible Costs,as defined in Paragraph F.1.,submitted
to VIA; or (ii) VTA's Financial Contribution to the Project, whichever is less. VTA will reimburse
City based on receipt of invoices showing Eligible Costs incurred and paid for by City. VTA will not
reimburse City for any costs that are not Eligible Costs.
2. If this Agreement is terminated, as set forth in Paragraph Q, VTA will not be responsible for
reimbursing any costs or expenses City incurs after the effective date of termination.
Rev. 12/13/2023 Page 2 of 19
F. Eligible Use of Funds.
1. Eligible Costs.VTA will only reimburse City for actual costs directly related to performance of the
Project. For purposes of this Agreement, "Eligible Costs" are as described below. No other
expenses will be subject to reimbursement as Eligible Costs without the prior written approval of
VTA.
a. Direct Labor Costs.
b. Travel Expenses. Travel expenses (as described below),,which must be authorized by VTA in
writing prior to City, consultants, and/or contractors incurring them. VTA may deny
reimbursement of any travel expense i on
ncurred"by'City, co`nsu,ltants, and/or contractors prior
to VTA's written approval. If VTA approves travel, VTA will reimburse the following types of
travel expenses related to performance of the Project at the following per-diem or lump sum
rates: �,�,
i. Car Rental:$50/day(including all gas and all associated fees);
ii. Flight:The rates set forthas GSA City Pairs Gov't."YCA" Fare
(https://cpsearch.fas gsa.gov/cp'search/searchdo),..
iii. Food/Beverage and Hotel Therates set°forth as per diem rates
(https://www gsa.gov/travel/plan book/per-dierriGSA-rates); and
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iv. Mileage:The rates set forth as GSAmileage allowance (see
https://www.gsa'.gov/travel/plan book/transportation-airfare pov
c� etc/privaielyowne l-vehicle pov-mileage-reimbursement-rates).
c. Other Direct Costs. UTA will rein b„urse parking,tolls, deliveries, printing, plan reproduction,
blueprint services,any fetes required for background checks from iproveit.com,and other
expenses directly associated with the Project at actual cost without markup.City must proanyvide
appropriate;supporting`documentation, including detailed receipts. If any of the other direct
costs described in.this paragraph will exceed $500.00, City must receive VTA's written
approval prior to incurring such expense. VTA may deny reimbursement of any such other
direct cost expense incurred by City, prior to VTA's written approval.
2. Ineligible Costs. Specific"Ineligible Costs" include, but are not;limited to,the following:
a. Expenses for organizational functions, businesses services, and information technology
including, but not limited to telephone charges, computer costs, CAD machine charges, in
house copying charges, and facsimile charges will not be reimbursed as other direct costs;
Rev. 12/13/2023 Page 3 of 19
b. Rent and utilities;
c. Food or beverages(e.g. as part of meetings,workshops,training, or events); and
d. Alcohol,travel upgrades,fines, memberships, loss of personal property or cash, "no shows,"
or personal itinerary changes.
3. Should the eligibility of a cost be questioned,VTA will determine,in writing,the eligibility of a cost
before the cost is incurred.In its performance under this Agreement,all Parties will strictly comply
with all VTA 2016 Measure B Program requirements set forthtin the Bike/Ped Guidelines.
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G. Invoicing to VTA.
1. City must submit invoices to vta.accountspayable@vta.org for reimbursement of work completed
on the Project. Each invoice must include all"records, including staff hours, contractors' invoices,
miscellaneous invoices, force account charges,,and any other documentation requested by VTA
as substantiation for invoices submitted for reimbursement.Invoices may notce submitted more
frequently than monthly and must be submitted'within,'one'year of City incurring the cost(s).
2. All invoices must detail: .]
a. Eligible Costs actually incurred and paid by City;
b. Total reimbursement.amount(in dollars) requested,
c. Total amount°reimburseday VTA to date;and
d. Project tasks or milestones completed";for, which City incurred Eligible Costs during the
relevant billin c cle
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3. VTA will remit the amount due to City with, n 30 calendar days of receipt of a complete, fully
documented invoice "' .
H. Return of Funds.
If VTA learns that previously reimbursed costs were not Eligible Costs,City must return such funds no
later than 15 business days fromp receipt of notice from VTA.
I. City's Responsibilities.
1. Implementing Agency Tasks.City will be the sponsor and implementing agency for the Project. In
its role as sponsor and implementing agency under this Agreement, City must perform the
following tasks:
a. Procuring professional services for the Project including, but not limited to, the following
activities:advertising the work via a public solicitation,opening bids in response to the public
Rev. 12/13/2023 Page 4 of 19
solicitation, awarding a contract, approving contract documents, and administering the
awarded contract in accordance with all applicable laws, regulations,and codes including, but
not limited to,the California Public Contract Code and the California Labor Code;
b. Obtaining all necessary permits for performance of the Project, as applicable;
c. Performing community engagement activities for the Project, as applicable;
d. Make staff available to present on the Project at VTA committees as needed; and
e. Conducting standard close-out activities for the Project including, but not limited to,
performing final accounting review and reviewing all contractual requirements.
2. Other Project Management Duties. City must also perform the following duties:
a. Complete and submit to VTA the most current version of VTA's 201.6'Measure B Complete
Streets Checklist ("Complete Streets Checklist") for Project within five business days of the
Effective Date;
b. Complete and submit to VTA a,project'Mmanagement"plan ("PMP") for Project within 30
business days of the Effective Date;the PMP must be in writing and must include information
regarding staffing plan,cost, schedule, contracting plan, and risk assessment;
c. Actively monitor actual Project expenditures to ensure that the 2016 Measure B funds are
used to reimburse Eligible Costs only;
d. Provide VTA with written quarterly progress updates on the Project including, but not limited
s`to, updateon Project-;expenditures,-°any changes in scope and schedule, community
engagement outcome, and Project status in a format previously provided to City;
e. Provide;VTA copies of,Project deliverables including, but not limited to, reports, designs,
drawings, plans, specifications,schedules, and other materials; and
f. Submit the Project's final report to VTA, which must be in writing and must include
information regarding final Project costs and study results, along with any other information
VTA may require ("Final Report").
J. VTA's Responsibilities.
1. VTA will perform and/or be responsible for the following tasks to perform oversight for Project:
a. Provide Comple Streets Checklist form to City and review competed checklist for Project to
ensure Complete Streets compliance; and
Rev. 12/13/2023 Page 5 of 19
b. Provide PMP form to City and review completed PMP for Project to provide oversight of the
delivery of Project and to ensure Project complies with the Bike/Ped Guidelines.
2. Pay the amount due to City within 30 calendar days of receipt of a complete, fully-documented
invoice for Eligible Costs.
K. Indemnification.
Neither VTA nor any of its officers or employees will be responsible for any damage or liability arising
out of or relating to City's acts or omissions under or in connection with any work, authority, or
jurisdiction associated with this Agreement. Pursuant to California Government Code §895.4, City
must fully defend,indemnify,and save harmless VTA from all suits or actions of every name,kind,and
description arising from an injury(as defined by California Government Code§810.8) relating to City's
acts or omissions under or in connection with any work, authority, or jurisdiction delegated to City
under this Agreement. This provision will survive the termination or expiration of this Agreement.
L. Insurance.
At all times during this Agreement, ;City must comply with the insurance requirements and
specifications of the attached Exhibit B, Insurance Requirements. City may, in its discretion, elect to
self-insure, but any such self-insurance must'meet the requirements'and specifications in Exhibit B.
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M. Additional Insured and Indemnity Provision.
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In any agreement executed between the City and\athird party for purposes related in any way to the
subject matter of this Agreement("Third Party"Contract"),City must require that VTA be named as(i)
an additional insured on,a„;primary and non-contributory basis with separation of insureds and waiver
of subrogation on all policies"of insurance, except when not applicable and (ii) an indemnified party
in any indemnity provision contained in the Third Party Contract.Third Party Contracts must contain
insurance requirements with coverages at least as broad as, and limits at least as great as, the
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requirements of Exhibit B.
N. Public Works.
If City awards a contract to a third party for the performance of a public work,as defined in California
Labor Code Sections 1720 through 1720.6 ("Public Works Contract"), in connection with this
Agreement,City must comply, and must require such third party to comply,with the requirements of
California Labor Code Sections 1720 et seq. If the Public Works Contract is funded in whole or in part
with federal funds, City must also comply, and must require such third party to also comply,with the
requirements of the Davis Bacon Act(40 U.S.C.Sections 3141-3144 and 3146-3148).
Rev. 12/13/2023 Page 6 of 19
O. Compliance with Applicable Law.
In the execution of the Project and performance of its responsibilities under this Agreement,City must
comply with all applicable requirements of local, state,and federal laws.
P. Compliance with 2016 Measure B Requirements.
In its performance under this Agreement,City must comply with,and must ensure Project compliance
with, all 2016 Measure B requirements set forth in the Bike/Ped Guidelines.
Q. Termination
1. Either Party may at any time terminate this Agreement by giving 10 business days written notice
Notice of such termination to the other Party. �Noticemust identify the effective date of such cancellation
and must be provided in accordance with-the-terms and conditions of this;Agreement.
2. In the event of termination under this section, City must submit its final invoice:to VTA within 30
calendar days of the effective date oftermination,and such invoice will be solely for Eligible Costs
City incurred prior to termination
R. Audit and Records.
1. City must maintain, and must,require their contr-actors to maintain, in accordance with generally
accepted accounting and practices, complete books, accounts, records, and data
pertaining to services performedunder this` Agreement, including the costs of contract
administration. Such documentation must be supported by properly executed payrolls, invoices,
contracts,and vouchers evidencing in detail the nature and propriety of any charges and must be
sufficient to allow a"'prroper audit;of services. All checks, payrolls, invoices, contracts, and other
accounting documents pertaining in.whole or in part to the services must be clearly identified and
readily`accessible.
2. For the duration of the Agreement, and for a period of five years after final payment, each Party
and its representatives must have access during normal business hours to any books, accounts,
records, data, and other documents ("Records") of the other Party that are pertinent to
this Agreement for audits,examinations,excerpts,and transactions.The other Party must furnish
copies of the Records upon request.
S. Notices/Authorized Representatives.
1. Notices must be in writing and addressed to the other Party's Authorized Representative
("Recipient") and will be deemed delivered or received on the date personally delivered to the
Recipient or when deposited by registered or certified mail with postage and charges prepaid.
Rev. 12/13/2023 Page 7 of 19
2. The Parties Authorized Representatives are as follows:
VTA:
Marcella Rensi
Deputy Director, Grants&Allocations
Santa Clara Valley Transportation Authority
3331 N First Street
San Jose,CA 95134
Email: marcella.rensi@vta.org
CITY:
Brian Loventhal
City Manager
City of Campbell
70 North First Street
Campbell, CA 95008
Email: brianl@campbellca.gov
3. Written notification to the other Party must be provided, in advance,for changes in the name or
address of an Authorized Representative stated above
T. General Terms and Conditions.
1. Headings.The subject headings,,of the articles and paragraphshin this Agreement are included for
convenience only and,will not affect the construction or interpretation of any of its provisions.
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2. Incorporation,of,Exhibits and Attachments All exhibits> and attachments referenced in this
'Contract are incorporated into it,by this reference.
3. Construction and Interpretation `of Agreement. This Agreement, and each of its provisions,
terms, and conditions, has been reached as a result of negotiations between the Parties.
Accordingly, each Party expressly acknowledges and agrees that (i) this Agreement will not be
deemed to have been authored, prepared, or drafted by any particular Party and (ii) the rule of
construction to the effect-that ambiguities are to be resolved against the drafting party will not
be employed in the interpretation of this Agreement or in the resolution of disputes.
4. Amendment. Except as expressly provided in this Agreement, its provisions cannot be altered,
modified, or amended except through the execution of a written amendment executed by the
Parties.
Rev. 12/13/2023 Page 8 of 19
5. Entire Agreement.This Agreement constitutes the entire agreement between the Parties relating
to the subject matter and supersedes all prior negotiations, contracts, agreements, or
understandings, whether oral or written,of the Parties regarding the subject matter.
6. No Waiver.The failure of either Party to insist upon the strict performance of any of the terms,
covenants,or conditions of this Agreement will not be deemed a waiver of(i)any right or remedy
that either Party may have or (ii) either Party's right to require strict performance of all of the
terms, covenants,and conditions of this Agreement.
7. Dispute Resolution.
a. If a question or allegation arises regarding, (i) interpretation of this Agreement or its
performance,or(ii)the alleged failure of a Party'to perform,the Party raising the question or
making the allegation must give writtenknotice thereof to the other Party. The Parties must
promptly meet in an effort to resolve`th issues raised. If the Parties fail to resolve the issues
raised, alternative forms of dispute resolution, including mediation,.may be pursued by
mutual agreement. It is the intent of the Parties to the greatest extent possible to avoid
litigation as a method of dispute resolution.
b. Notwithstanding the foregoing,nothingln,this Paragraph.,T will be deemed to prevent a Party
from filing suit or an administrative action to preserve its right to assert a claim within any
applicable statute'of limitations. To the extent practicable,the Parties will negotiate in good
faith to create a tolling agreement to toll such"statute(s)of limitations to allow for the Parties
to engage in`dispute resolution provisions.(of this Agreement prior to filing of such actions.
I
8. Severability.If any provisionsof this)greement:(or portions or applications of it) are held to be
„Munenforceable or invalid by any court of competent jurisdiction, (a) the Parties will negotiate in
good faith to make an.equitable adjustment`to the Agreement provisions with a view toward
effecting the Agreement's..purpose,"and (b)the remaining provisions (or portions or applications
of them)will remain valid and enforceable.
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9. Governing Law.The laws of the State of California will govern this Agreement and any claim that
might arise between,City and VTA without regard to conflict of law provisions.
10. Venue. Any lawsuit or legal action arising from this Agreement must be commenced and
prosecuted in the courts of Santa Clara County, California. City agrees to submit to the personal
jurisdiction of the courts located in Santa Clara County, California for the purpose of litigating all
such claims.
11. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, studies,
memoranda, and other documents assembled or prepared, in the process of being assembled or
prepared, or furnished to either Party under this Agreement are the joint property of all Parties.
Rev. 12/13/2023 Page 9 of 19
Each Party is entitled to copies and access to these materials during the progress of the Project
and upon completion of the Project or termination of this Agreement. All Parties may retain a
copy of all material produced under this Agreement for use in their general activities.
12. Attribution to VTA. City must include attribution to VTA that indicates part of the work was
funded by 2016 Measure B Funds. This provision applies to any project or publication that was
funded in whole or in part by 2016 Measure B funds. Acceptable forms of attribution include
2016 Measure B's branding on Project-related documents, construction signs, public information
materials, and any other applicable documents. VTA will provide 2016 Measure B branding to
City for this purpose.
13. Non-discrimination.The Parties and any contractors performing services on behalf of the Parties
("Contractors") will not unlawfully discriminate'or permit discrimination, harass, or allow
harassment against any person or group of persons because w of'°race, color, religious creed,
national origin, ancestry, age (over 40), sex, gender, gender identity, gender expression, sexual
orientation, marital status, pregnancy, childbirth or related conditions, medical condition
(including cancer), mental disability, physical disability ,(including HIV and AIDS), genetic
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information, or military and veteran's status, or in any manner prohibited by federal, state, or
local laws. In addition, the Parties::,ands.Contractors must not unlawfully deny any of their
employees family care leave or discriminate against such`employees on the basis of having to use
family care leave. The Parties and Contractors must ensure that the evaluation and treatment of
their employees and applicants for empIoyment is free of�,suchdiscrimination and harassment.
14. Relationship of the Parties: It is understood that this is an Agreement by and between
independent parties .°sand .,does .not create the relationship of agent, servant, employee,
partnership,joint venture or association;o,r any relationship other than that of independent
Contractor.
15. Counterparts; Electronic Signatures. This Agreement may be executed in one or
more counterparts, each ofwhich will,be deemed an original but all of which will constitute one
and the same instrument Unless otherwise prohibited by law, VTA policy, or City ordinance or
policy, the Parties agree that<an electronic copy of a signed contract, or an electronically signed
contract, has the same.force`and legal effect as a contract executed with an original ink signature.
The term "electronic copy of a signed contract" refers to a writing as set forth in Evidence Code
Section 1550. The term "electronically signed contract" means a contract that is executed by
applying an electronic signature using technology approved by each of the Parties.
16. Authority to Execute Agreement. Each Party to this Agreement represents and warrants that
each person whose signature appears below is authorized and has the full authority to execute
this Agreement on behalf of the entity that is a Party to this Agreement.
Signatures on following page
Rev. 12/13/2023 Page 10 of 19
The Parties have caused their undersigned, duly authorized signatories to execute this Agreement on
the dates set forth below.
Santa Clara Valley Transportation Authority City of Campbell
Carolyn M. Gonot Brian Lowenthal"'
General Manager/CEO City Manager,
Date Date ti
Approved as to Form: ` °Approved as to Form
Tamara Costa William Selgmann
Senior Assistant Counsel : � City Attorney
Date `4 _ Date
�. ,./
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EXHIBIT A
2016 Measure B Bicycle & Pedestrian Program Guidelines
[Revised and approved by VTA Board of Directors:August 4, 2022]
To fund bicycle and pedestrian projects of countywide significance identified by the cities,
County and VTA. The program will give priority to those projects that connect to schools, transit
and employment centers;fill gaps in the existing bike and pedestrian network;safely cross
barriers to mobility;and make walking or biking a safer and more convenient means of
transportation for all county residents and visitors. Bicycle and pedestrian educational programs
such as Safe Routes to Schools, will be eligible/for funding.
Total Funding
3.97% of Program Tax Revenues
Program Type •
Formula-based program
Distribution of Funds
• Funds will be allocated on a two year cycle, in conjunction with the VTA Biennial Budget
process.
• Funds are allocated on an annual basis, based on the application of the ballot-established
ratio to the estimated.Program Tax Revenue The allocations,are.calculated in two steps:
1. Multiplying the ballot-established ratio byathe/projected Program Tax Revenues for
that fiscal year.
2. Reconciling prior allocations,Which were,based on estimated Program Tax Revenues,
with actual Program Tax Revenues-(referred'to as a "true-up process").This true-up
process will occur in the first fiscal year of each biennial budget cycle.
• The program will consist of three sub-categories: Education & Encouragement Programs,
Planning Studies, and Capital Projects.
• A minimum of 80% of available program category funds will be allocated to Capital
Projects.
• A maximum of 15%of available program category funds will be set aside for Education &
Encouragement.The funds will be allocated as follows:
1. 25%for countywide (including targeting unincorporated areas) education &
encouragement programs
2. Remaining funds allocated by city population formula with a $10,000 annual
minimum allocation per city
• A maximum of 5% of available program category funds will be allocated to Planning
Studies.
• If the Planning Studies or Capital Projects competitive grant cycle is not fully awarded,
the balance of funds from that cycle will roll into its next call for projects cycle.
Rev. 12/13/2023 Page 12 of 19
Implementation
• Only projects currently listed on Attachment A of 2016 Measure B are eligible.
• Education& Encouragement(Formula Distribution)
• VTA and individual agencies will enter into a Master Agreement for Education
& Encouragement funds.
• The 2016 Measure B Program Office will notify agency of allocation for two-
year cycle.
• Funds will be distributed on a reimbursable basis.
• Agency will submit annual education & encouragementywork program and
annual progress report.
• Education & Encouragement funds may be banked for'a:;rriaximum of three
years with explanation of banking purpose`s upon approval,bykthe 2016
Measure B Program Office.
• The 2016 Measure B Program Office will conduct an assessment regarding the
effectiveness of the program. ;,` ',
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• Capital Projects & Planning Studies,(Competitive Grants)
• Only a public agency can serve as%a project sponsor.\Other. entities must partner with
a public agency to apply for a grant
• The grant program contains two categories:,/
o Capital°projects ',..
■ 'Activities leading to/including:
• 'sEnvironmental Clearance
• "\Design _
•. Right'of Way
• 'Construction
■ Construction grant°requests must include cost estimates supported by
30%to 35%,design:'
o Planning studies
▪ Includes planning studies to support capital project development for
those projects currently listed on Attachment A of 2016 Measure B. It
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does not include general/master planning efforts.
• The minimum grant award is$50,000.
• The maximum grant award per sponsoring agency can be no more than 50% of the
total available funds per call for projects per cycle, unless the cycle is
undersubscribed.
The 2016 Measure B Program Office developed project criteria in conjunction with the
VTA Technical Advisory Committee (TAC) Capital Improvement Program Working
Group and incorporated input from the TAC and Bicycle & Pedestrian Advisory
Committee (BPAC).
Rev. 12/13/2023 Page 13 of 19
• Scoring committees for the grant programs will be comprised of three BPAC members,
three Member Agency staff, and one VTA staff person. If enough BPAC or Member
Agency staff are not available as described above, Board-adopted scoring committee
policy will be followed.
Criteria
• Capital Projects and Planning Studies will be scored on criteria that supports the language in
2016 Measure B, including but not limited to:
o Countywide significance
o Connection to/serves schools, transit, or employment centers
o Fills gaps in bicycle/pedestrian network
o Provides safer crossings of barriers
o Makes walking or biking safer
o Makes walking or biking more convenient r,. ` ._,' `=u
o Other criteria to consider:
• Safety benefits /
• Increase in bicycle and pedestr"ianusage
■ Community support "
r,.• , :j ti
• Project readiness
• Projects serve Equity Priority Communities or vulnerable populations with
specific needs '` '
• Non-2016 Measure B contr`ibution
Requirements
• Competitive grant projects require a minimum-410% non-2016 Measure B contribution.
• Reporting requirements will be detailed in,agreements executed with VTA for project
funding.
• VTA Complete Streets"rep'orting requirement's are required for Planning Studies and Capital
Projects
• All projects must comply with,2016 Measure B program oversight requirements.
• All collateral material must comply'with 2016 Measure B branding requirements.
./
Rev. 12/13/2023 Page 14 of 19
EXHIBIT B
INSURANCE REQUIREMENTS
CITY'S ATTENTION IS DIRECTED TO THE INSURANCE REQUIREMENTS BELOW. IT IS HIGHLY
RECOMMENDED THAT CITY CONFER WITH THEIR INSURANCE CARRIERS OR BROKERS TO DETERMINE
THE AVAILABILITY OF INSURANCE CERTIFICATES AND ENDORSEMENTS REQUIRED BY THIS AGREEMENT.
INSURANCE
Without limiting City indemnification and defense of claims a obligations to VTA, City must procure
and maintain for the duration of the Agreement insurance�'agast�_claims for injuries to persons or
damages to property which may arise under or in connection with any work, authority, or jurisdiction
associated with the Agreement. The cost of such"insurance must be borne by City. City must furnish
complete copies of all insurance policies within:three(3)business days of any request for such by VTA.
A. MINIMUM SCOPE OF INSURANCE " � ^ , °�
Coverage must be at least as broad as,.-�„
1. Insurance Services Office General Liability coverage c'occurrence" form CG 0001). General
Liability insurance written on a"clalms made"basis is not acceptable.
2. Business Auto.Coverage'Insurance Services Office`form"number CA 0001, covering
Automobile Liability, code 1a"any auto."Auto Liability written on a "claims-made" basis is
not acceptable.
3 : Workers''Compensation insurance as required by the Labor Code of the State of California and
;Employer's Liability insurance.
4. Professional Liability, including limited contractual liability coverage, covering liability
arising,out of any negligent act, error,mistake or omission in the performance of Contractor s
services under this Contract. This coverage must be continuously maintained for a minimum
of two (2);years following completion of this Contract. This coverage may be written on a
"claims made"basis,if so,please see special provisions in Section B.
5. Contractor's Pollution Liability: covering liability arising out of the treatment, handling,
storage,transportation,or accidental release of any hazardous material.
B. MINIMUM LIMITS OF INSURANCE
1. City must maintain limits no less than:
a. General Liability: $5,000,000 limit per occurrence for bodily injury, personal injury, and
property damage. If General Liability Insurance or other form with a general aggregate
Rev. 12/13/2023 Page 15 of 19
limit is used, either the general aggregate limit must apply separately to this
project/location or the general aggregate limit must be twice the required occurrence limit.
b. Automobile Liability (including umbrella/excess liability):$5,000,000 limit per accident
for bodily injury and property damage.This requirement may be satisfied by a
combination of General Liability with Excess or Umbrella. Umbrella/Excess policies must
feature inception and expiration dates concurrent with the underlying Automobile
Liability policy, "Follow Form"coverage, and a "Drop Down" provision.
c. Workers' Compensation and Employer's Liability:, Workers' compensation limits as
required by the Labor Code of the State of California and Employer's Liability limits of
$1,000,000 per accident. • �''`
d. Professional Liability: $2,000,000 each occurrence/aggregate minimum limit per claim.
e. Contractor's Pollution Liability: $3,000,000 per occurrence. This requirement may be
satisfied by a combination of Pollution Liability with ,: Excess or Umbrella.
Umbrella/Excess policies must featureinception and expiration,dates concurrent with the
underlying Pollution Liability policy,,"Follow.Eon" coverage, „and a "Drop Down"
provision. a ti
2. Notwithstanding any language in this Lease to the,contrary, if City carry insurance limits
exceeding the minimum stated\ii Section B(a)(1)-(3)`immediately above, such greater limits
will apply to this Agreement.
C. SELF-INSURED RETENTION
b t,
The certificate of insurance,must„disclose the actual amount of any deductible or self-insured
retention, or, lack thereof, for all'`coverages required herein. Any self-insured retention or
deductible in.excess of'$250,000 must.be'declared to and approved by VTA. If City are a
governmental authority such as a state,"rriUnicipality or special district, self-insurance is
permitted.To apply for approval for level of retention or deductible in excess of$250,000, City
must'provide a current financial report including balance sheets and income statements for the
past three years, so that VTA can assess City's ability to pay claims falling within the self-insured
retention or deductible. Upon review of the financial report, if deemed necessary by VTA in its
sole discretion, VTA'may elect one of the following options: to accept the existing self-insured
retention or deductible;,require the insurer to reduce or eliminate the self-insured retention or
deductible as respects VTA, its directors, officers, officials, employees and volunteers; or to
require City to procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.Applicable costs resulting therefrom will be borne solely by
City. City may request execution of a nondisclosure agreement prior to submission of financial
reports.
D. CLAIMS MADE PROVISIONS(NOT APPLICABLE TO GENERAL LIABILITY OR AUTO LIABILITY)
Rev. 12/13/2023 Page 16 of 19
Claims-made coverage is never acceptable for General Liability or Auto Liability. Claims-made
may be considered for Professional, Environmental/Pollution, or Cyber Liability. If coverage is
written on a claims-made basis,the Certificate of Insurance must clearly state so. In addition to all
other coverage requirements, such policy must comply with the following:
1. The policy retroactive date must be no later than the date of this Agreement.
2. If any policy is not renewed or the retroactive date of such policy is to be changed, City must
obtain or cause to be obtained the broadest extended reporting period coverage available in the
commercial insurance market. This extended reporting provision must cover at least two (2)
years.
3. No prior acts exclusion may be added to the poliey"duririg the Agreement period.
4. The policy must allow for reporting of circumstances or incidents that might give rise to future
claims.
E. OTHER INSURANCE PROVISIONS
The policies must contain, or be endorsed to contain;,the following provisions:
1. General Liability and Automobile..Liability
a. VTA, its directors, officers;,officials,-employees, 'and volunteers must be named as
additional insureds ,as respects 3liability arising,out ofCity's performance under this
Agreement. The coverage must contain no special limitations on the scope of protection
afforded to,VTA, its,,directors, officers, officials, employees, or volunteers. Additional
Insured endorsements'`must provides'coverage at least as broad as afforded by the
-combination'of ISO`CG 2010..10 01 and'CG 20 37 10 01.
}
b. Any failure to complywith reporting provisions of the policies may not affect coverage
provided to VTA, its directors, officers, officials, employees,or volunteers.
c. Coverage must'state that"Lessee's insurance applies separately to each insured against
whom claim is made,or suit is brought, except with respect to the limits of the insurer's
liability,
d. The General-Liability General Aggregate limit must apply per project,not per policy.
e. The General Liability policy must be endorsed to remove the exclusion for railroad
liabilities,with coverage at least as broad as afforded by ISO CG 24 17.
2. All Coverages
a. City must agree to waive all rights of subrogation against VTA, its directors, officers,
officials, employees, and volunteers for losses arising under or in connection with any
work, authority,or jurisdiction associated with the Agreement.
Rev. 12/13/2023 Page 17 of 19
b. City's insurance coverage must be primary insurance as respects VTA, its directors,
officers, officials, employees, and volunteers. Self-insurance or insurance that may be
maintained by VTA, its directors, officers, officials, employees, or volunteers may apply
only as excess to City's insurance.City's insurance must not seek contribution from VTA's
insurance program.
3. Other Insurance Provisions
a. The Certificate must disclose the actual amount of the Deductible or Self-Insured
Retention.
b. If any coverage forms or endorsements required by this Agreement are updated by their
publishers,whether they be the insurancecarrier(s),the Insurance Services office,or the
American Association of Insurance Services, during the duration of this Agreement, VTA
reserves the rights to require City to procure said coverage forms or endorsements using
the updated versions upon the next renewal cycle.
F. ACCEPTABILITY OF INSURERS '
Insurance must be placed with insurers-with an A.M.nest's-rating of no less than A VII(financial
strength rating of no less than A and financial''size category of no less than VII), unless specific
prior written approval has been granted by VTA-.
G. CERTIFICATES OF INSURANCE '
City must furnish VTA with Certificate of Insurance. The certificates for each insurance policy
must be signed by an authorized representative of that insurer. The certificates must be issued on
a standard ACORD Form. City must,instruct their insurance broker/agent to submit all insurance
certificates and required notices electronically in PDF format to real.estate@vta.org. All
endorsements must be attached to the ACORD certificate in a single PDF document.
The certificates must (1) identify'the insurers, the types of insurance, the insurance limits, the
deductibles, and the policy term, (2) include copies of all the actual policy endorsements required
herein, and(3)in the"Certificate Holder"box include:
Santa Clara Valley Transportation Authority("VTA")
3331 North First Street
San Jose, CA 95`f34-1906
In the Description of Operations/Locations/Vehicles/Special Items Box, the VTA property leased
must appear, the list of policies scheduled as underlying on the Umbrella/Excess policy must be
listed,Certificate Holder must be named as additional insured, and Waiver of Subrogation must be
indicated as endorsed to all policies as stated in the Agreement documents.
It is a condition precedent to granting of this Agreement that all insurance certificates and
endorsements be received and approved by VTA before Agreement execution.No occupancy may
Rev. 12/13/2023 Page 18 of 19
be taken until insurance is in full compliance.VTA reserves the rights to require complete,certified
copies of all required insurance policies, at any time.
If City receive notice that any of the insurance policies required by this Attachment may be
cancelled or coverage reduced for any reason whatsoever, City must immediately provide written
notice to VTA that such insurance policy required by this Attachment is canceled or coverage is
reduced.
H. MAINTENANCE OF INSURANCE
If City fail to maintain insurance as required herein,VTA, at its,option,may suspend the
Agreement until a new policy of insurance is in effect. s`.
Ed. Rev. 10-1-19
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Rev. 12/13/2023 Page 19 of 19
•
C►ty of Campbell
': Request for Budget Adjustments
Department/Program Division;. • Date Request No..
n °
a
. :
24 YY,Hamiliton/SR 17 Bike Overcrossing
Public aWorks ° .- €."' aPlannng Study ,''January22,,2024 BA-15
g Budgef to`he Reduced
Fund/Program ;Account=Number a ; a Description," . ", , , Amount
Budget to.be Increased . "
Fund/Program 'Account Number Description " - Amount'
212.535 4571 2016 Measure'B Bicycle&Pedestrian VTA Grant $ 266,000`
212.990 a '9999 Transfer'"Out(State&&Other Grants Fund) " ` „ 266,000
221.990 9999 Transfer Out(ARPA;Fund) 114,000..
r y,u t id ttw Y', .4 d�P 9 ;+
435.22YY 7130 Staff Salaries 135,000
435.22YY .7430 Consultant Services ' 245,000
435.990 6999 Transfer In(from Measure B Grant and ARP.A) 380,000
y nee5
REASO
N FOR REQUEST-BE SPECIFIC: -
To appropriate$380,000lowards the Hamilton Avenue/Highway 17 Bicycle Overcrossmg Planning'Study(22-YY)project The
project will be funded,by a 2016 Measure B Bicycle&Pedestrian Planning Studies Competitive Grant($266,000)and by,
American Rescue Plan Act°Fund($114,000) s
� �
' x
Will Fuentes Todd Capurso 4 Brian Loventhal
.• � Director r � `' �_ .'Pabtic Works-Director::: . .. a`_:,_,.. ,,- _� -�., City Manager'
. u. Finance'