99-127 Santa Clara Valley Transportation Authority (VTA) 1996 Measure B pavement management program coop. Agreement SECOND AMENDMENT
MEASURE B PAVEMENT MANAGEMENT PROGRAM
COOPERATIVE AGREEMENT
This Amendment No. 2 to the Measure B Cooperative 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 amended to add the following:
The allocation shall be increased by $94,862 to reflect Transportation Equity
Act for the 21st 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 PMP 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 Agreement have executed this amendment
as of the latest date shown below.
City of Cupertino Santa Clara Valley Transportation Authority
(City) (VTA)
Dated:
Dated: 5 . 7 . 0 ( Dated: •/
clojeta2-4( ,
City Manager Peter M. Cipolla, General Manager
Approved As To Form: Approved As To Form:
40
City Attorney Legal C�insel �
S A N A C I A R A
T/gym Valley Transportation Authority
•
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. 2 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 in the same manner as the
existing PMP funds, following the Policies and Procedures described in the
Cooperative Agreement. Requests for the newly 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
Highway 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
FIRST AMENDMENT
1996 MEASURE B PAVEMENT MANAGEMENT PROGRAM
COOPERATIVE AGREEMENT
This Amendment No. 1 to the Measure B Cooperative 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 amended to add the following:
Increase the allocation by $735,387 reflecting the Transportation Equity Act for the
21°` Century (TEA-21) First Cycle and Second Cycle funding exchange amounts
approved by the County Board of Supervisors on June 27, 2000. The revised total
program allocation is $2,536,681.
2. All other terms, covenants and conditions of the agreement remain in full force and
affect.
In Witness Whereof, the parties to the Agreement have executed this amendment as of
the latest date shown below.
City of Cupertino Santa Clara Valley Transportation Authority
(City) (VTA) /
Dated: `i , ( 0 . o ( Dated: d e
David Knapp, City Manager Peter M. Cipolla, General Manager
Approved As To Form: Approved As To Form:
y2V- o,
Charles Kilian, City Attorney Suzan B. Giffoi'd, deneral Counsel
•
RESOLUTION NO. 01-084
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING THE FIRST AMENDMENT TO THE 1996 MEASURE B
PAVEMENT MANAGEMENT PROGRAM COOPERATIVE AGREEMENT
WHEREAS, there has been presented to the City Council the "First Amendment
to the 1996 Measure B Pavement Management Program Cooperative Agreement",
between the Santa Clara Valley Transportation Authority (VTA) and the City of
Cupertino; and
WHEREAS, the First Amendment will allow the City to receive funds from VTA
for the Transportation Equity Act for the 21' Century (TEA-21) First Cycle and Second
Cycle fund; and
WHEREAS, the provisions of the First Amendment have been reviewed and
approved by the Director of Public Works and the City Attorney.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Cupertino hereby approves the "First Amendment to the 1996 Measure B Pavement
Management Program Cooperative Agreement" and authorizes the Mayor and the City
Clerk 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 2nd day of April, 2001,by the following vote:
Vote Members of the City Council
AYES: Burnett, James, Lowenthal
NOES: None
ABSENT: Chang
ABSTAIN: None
ATTEST: APPROVED:
/s/Kimberly Smith /s/ Sandra James
City Clerk Mayor, City of Cupertino
sillily
S A N T A C L A P A
/et
te® Valley Transportation Authority
April 27, 2001
David Knapp
City Manager
City of Cupertino •
10300 Tone Avenue
Cupertino, CA 95014
Dear David:
Attached please fmd an executed copy of the Pavement Management Program
Cooperative Agreement,Amendment No. 1 for your files. The agreement
establishes the revised total PMP allocation of$2,536,681 through FY 2001,
including FY 1999, FY 2000 and the TEA-21 First and Second Cycle funding
exchange amounts.
Administration of these new PMP funds will be handled in the same manner as the
existing PMP funds, following the Policies and Procedures described in the
Cooperative Agreement. Requests for the newly 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 A/B and federally funded Pavement
Management Program.
Sincerely,
(0/41,2-dre-__
ichael P. Evanhoe
Enclosure Director, Congestion Management and
Highway Programs
C: Bert Viskovich, Director of Public Works
3331 North First Street • San Jose, CA 95134-1906 • Administration 408.321.5555 • Customer Service 408.321.2300
PUBLIC WORKS
air
r� SAN7A CLAVA aRR3
® Valley Transportation Authority 0 200i
MEMORANDUM
TO: Karen Bernard, Administrative Clerk
City of Cupertino
FROM: Cynthia Santoro,Associate Management Analyst
DATE: April 27, 2001
SUBJECT: Signed Pavement Management Program Amendment
I have enclosed two (2) original signed amendments between the City of Cupertino and
the Santa Clara Valley Transportation Authority as requested. I have kept the third
signed agreement as VTA's file original. Also, please forward the enclosed letter to
David Knapp. Thank you.
City Hall
44-1-
.. ) 10300 Torre Avenue
(it'd
�q Cupertino,CA 95014-3255
(408)777-3354
CITY OF FAX(408)777-3333
CUPEVINO
PUBLIC WORKS DEPARTMENT
Summary
AGENDA ITEM 9 AGENDA DATE April 2, 2001
SUBJECT AND ISSUE
Resolution No. 01-o8) : Approving the first amendment to the 1996 Measure B Pavement
Management Program Cooperative Agreement.
BACKGROUND
On May 3, 1999, the Council approved the 1996 Measure B Pavement Management Program
Cooperative Agreement between the City and Santa Clara Valley Transportation Authority
(VTA). This agreement was for measure B Pavement Management Program funds in the total
amount of$1,801,294.00 which the City received and used to fund the Stevens Creek Blvd. and
Annual Overlay in 1999.
This amendment will allow the City to receive funds from VTA for the Transportation Equity
Act for the 21St Century (TEA-21) First Cycle and Second Cycle fund that are now available.
The First Cycle funds are $367,693.00 and the Second Cycle funds are $367,694.00 for a total
available of $735,387.00. This money would be used to fund the City's Annual Overlay and
Slurry Seal Programs to be constructed this summer. The total revised program allocation would
be $2,536,681.00.
STAFF RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 01- 0 VI , approving the
first amendment to the 1996 Measure B Pavement Management Program Cooperative
Agreement.'
Submitted by: Approved for submission:
'BSA a-44
Ralph A. Qualls, Jr. V David W. Knapp
Director of Public Works City Manager
v/—
Printed on Recycled Paper
I
RESOLUTION NO. 01-084
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING THE FIRST AMENDMENT TO THE 1996 MEASURE B
PAVEMENT MANAGEMENT PROGRAM COOPERATIVE AGREEMENT
WHEREAS, there has been presented to the City Council the "First Amendment
to the 1996 Measure B Pavement Management Program Cooperative Agreement",
between the Santa Clara Valley Transportation Authority (VTA) and the City of
Cupertino; and
WHEREAS, the First Amendment will allow the City to receive funds from VTA
for the Transportation Equity Act for the 21s` Century (TEA-21) First Cycle and Second
Cycle fund; and
WHEREAS, the provisions of the First Amendment have been reviewed and
approved by the Director of Public Works and the City Attorney.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Cupertino hereby approves the "First Amendment to the 1996 Measure B Pavement
Management Program Cooperative Agreement" and authorizes the Mayor and the City
Clerk 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 2nd day of April, 2001, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk Mayor, City of Cupertino
9- 9
S A N i A C L A R A v�
ly
TA Valley Transportation Authority �a t
November 5, 1999
Donald D. Brown
City Manager
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014 .
Dear Don:
Please find enclosed one original copy of the executed cooperative agreement between
VTA and the City of Cupertino. If you have any questions please contact Dolores Escalle
at (408) 546-7987.
We look forward to working with the City of Cupertino on this critical roadway
improvement program.
•
Sincerely,
chael P. Evanhoe
Director, Congestion Management and
Highway Programs
•
Enclosure
C: Bert Viskovich, Director of Public Works
MPE:de
•
3331 North First Street •San Jose, CA 95134-1906 • Administration 408.321.5555 • Customer Service 408.321.2300
1
I'
•Y'
RESOLUTION NO. 99-126
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF 1996 MEASURE B PAVEMENT MANAGEMENT
PROGRAM COOPERATIVE AGREEMENT BETWEEN THE SANTA CLARA VALLEY
TRANSPORTATION AUTHORITY AND THE CITY OF CUPERTINO
WHEREAS, there has been presented to the City Council a proposed cooperative
agreement between the Santa Clara Valley Transportation Authority and the City of Cupertino
for disbursement of Measure B funds for the Pavement Management Program; and
WHEREAS, the provisions, terms, and conditions of said agreement have been reviewed
and approved by the Director of Public Works and the City Attorney.
NOW,THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino
hereby approves the agreement and authorizes the Mayor and the City Clerk 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 3m day of May, 1999,by the following vote:
Vote Members of the City Council
AYES: BURNETT, DEAN, JAMES, STATTON, CHANG
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST: APPROVED:
/S/KIMBERLY SMITH /S/WALLY DEAN
City Clerk Mayor, City of Cupertino
1996 MEASURE B PAVEMENT MANAGEMENT PROGRAM
COOPERATIVE AGREEMENT
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 (City), collectively
referred to herein as the Parties.
This Agreement is made with reference to the following facts:
A. VTA, through its Congestion Management Program, has been designated by the County of
Santa Clara(County) as the Program Manager for the 1996 Measure B Pavement
Management Program (PMP) funds.
B. Pursuant to that designation, VTA is responsible for disbursing Measure B funds to
eligible City projects in accordance with its agreement with the County.
C. This Agreement specifies the conditions under which VTA will disburse Measure B funds
to the City for the PMP.
D. City has received a copy of PMP Policies and Procedures.
It is agreed between the Parties as follows:
Section 1. PMP Funding
County will authorize the allocation of Measure B funds to City for eligible projects under the
PMP. This authorization is the maximum spending authority for all City projects under the
PMP. Such spending authority may be increased or adjusted by the County from time to
time. The initial allocation to City is $900,647.
Section 2. Approval of Requests for Funds
City shall submit requests for the use of PMP funds to VTA on a project-by-project basis.
Each request shall be made on forms provided by VTA and in accordance with the PMP
Policies and Procedures. City shall submit documentation showing that its City Council has
approved each request. Upon review and approval of the Request for Funds, VTA shall
disburse funds to City within 10 days of receipt of the complete request form and
documentation. City may submit requests for funding of eligible projects up to the funding
amount described in Section 1 above. Funds not requested prior to July 31, 2004 shall no
longer be available for projects under the PMP.
Page 1
1996 Measure B PMP Cooperative Agreement
App.lega1.4.19.99
4/22/99
Section 3. PMP Project Requirements
City shall implement and complete its PMP projects that have been funded under this
Agreement no later than July 31, 2004. City shall use PMP funds only for eligible project
expenses as provided in the PMP Policies and Procedures. City shall comply with the
Maintenance of Effort Certification, Pavement Management System Certification, reporting
and other requirements of the PMP Policies and Procedures.
Section 4. PMP Exemption
If City intends to use PMP funds for transportation capital projects, City shall submit a PMP
Exemption Request form, certifying it has no unmet pavement management needs and would
like to allocate PMP funds to other eligible congestion relief projects, as described in the
PMP Polices and Procedures.
Section 5. Audit
City's performance under this Agreement shall be subject to examination and audit by the
County and VTA. 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 6. Indemnification
City shall defend, indemnify and save harmless VTA from all claims, suits or actions arising
from the performance by City of its duties under this Agreement.
Section 7. Additional Terms and Conditions
City shall:
A. Maintain, or cause to be maintained, adequate records to fully document the receipt and
expenditure of Measure B funds disbursed to City under this Agreement and any interest
accrued thereon.
B. Apply all funds, and the interest on those funds, received under this Agreement toward
eligible projects and eligible project costs as provided by the PMP Policies and
Procedures. The application of any such interest to other projects shall be at the
discretion of VTA after consultation with the County. Unexpended PMP funds shall be
returned to VTA's PMP trust account.
C. Allow VTA to audit all expenditures relating to City's PMP projects and to require all
recipients of funds allocated under this Agreement to fully cooperate with such audits.
For the duration of the PMP projects, and for three years following completion of the
projects, City shall promptly furnish at the request of VTA, or an independent auditor
selected by VTA, all records relating to project performance and financial management.
Page 2
1996 Measure B PMP Cooperative Agreement
App.lega1.4.19.99
4/22/99
•
D. Submit on a yearly basis financial reports to VTA one month after the end of the fiscal
year. ("Fiscal year" means the period starting July 1 and ending June 30.) Each report
shall itemize the expenditure of the funds, including any interest accrued, progress to
date in the implementation of each funded project, and any unused portion of its
disbursement. Annual reports shall be submitted until each project is completed and all
funds disbursed to City have been expended.
E. Conduct an end-of-program audit after City has fully expended its PMP funds and
completed all projects, and submit audited financial reports to VTA.
F. Use the County and VTA-approved logo and signage for all Measure B PMP projects, as
specified below:
(1) The logo shall be posted on signs placed at the site of all construction.
(2) The logo shall be prominently placed 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.
G. Credit the County as a funding source and VTA as the Program Manager in any articles,
news releases or other publicity materials for the PMP projects which are produced or
caused to be produced by the City.
H. Assure that all funds received under this Agreement are expended in accordance with all
applicable provisions of law for projects that are implemented by the City, and to require
the other recipients of funds for the City's PMP projects to do the same.
I. Maintain its current level of City funding for pavement repair as provided in the PMP
Policies and Procedures and certify to VTA as required in the CMP Policies and
Procedures that City will continue its Maintenance of Effort throughout the duration of
the program.
VTA shall:
A. Disburse funds to City up to the limits of the County's maximum City Measure B
allocation.
B. Monitor Program status to ensure that City is in compliance with PMP Policies and
Procedures.
C. Prepare a yearly program financial report which will include financial reports received
from City and submit the report to the County Executive's Office.
D: Prepare an end-of-program financial report, which will include audited financial reports
received from City and submit the report to the County Executive's Office.
Page 3
1996 Measure B PMP Cooperative Agreement
App.lega1.4.19.99 4/22/99
Section 7. Amendments
Amendments to this Agreement shall be made in writing and signed by the authorized
representatives of both parties.
Page 4
1996 Measure B PMP Cooperative Agreement
App.lega1.4.19.99 4/22/99
In Witness Whereof, the Parties have executed this Agreement as of the latest date shown
below:
City of Cupertino Santa Clara County Transit District
(City)
Dated: S/S/ 7/ Dated: /O o/y9
Idet
atts c6--Tea
Wally Dean, M yor Peter M. Cipolla, General Manager
Approved o Ft"' : /J App d As To Form:
42' � i�� •
City Attorney t �'
Page 5
1996 Measure B PMP Cooperative Agreement
App.lega1.4.1999 4/22/99