AGREEMENT BETWEEN THE CITY OF CAMPBELL
AND THE CITY OF SAN JOSE
FOR PAVEMENT MAINTENANCE OF
MCCOY AVENUE BETWEEN QUITO ROAD AND HARRIET AVENUE, AND OLYMPIA
AVENUE BETWEEN CAMDEN AVENUE AND SHAMROCK DRIVE
This Agreement (herein “Agreement”) is made and entered into this ___ day of ____________, 2026, (herein the “Effective Date”) by and between the City of Campbell, a California, municipal corporation, with its principal place of business located at 70 N. First St, Campbell, CA 95008 (herein “CAMPBELL”), and the City of San Jose, a California chartered municipal corporation, with its principal place of business located at 200 E. Santa Clara St., San Jose, CA 95113 (herein “SAN JOSE”).
CAMPBELL and SAN JOSE may be referred to herein individually or collectively as the “Parties,” “Cities,” or the “Parties to this Agreement.”
I. RECITALS
WHEREAS, CAMPBELL and SAN JOSE contemplate resurfacing the roadway at McCoy Avenue between Quito Road and Harriet Avenue, and Olympia Avenue between Camden Avenue and Shamrock Drive, over which CAMPBELL and SAN JOSE have jurisdiction; and WHEREAS, it is in the public interest for CAMPBELL and SAN JOSE to complete the PROJECT (as defined in SECTION 1, below) in a cooperative and economical manner by constructing both CAMPBELL’s and SAN JOSE’s portions of the PROJECT together; and WHEREAS, the Parties acknowledge SAN JOSE is the California Environmental Quality Act (“CEQA”) Lead Agency for the PROJECT, and SAN JOSE’s compliance with CEQA is a precondition to any construction of the PROJECT, including CAMPBELL’s portion; and WHEREAS, each Party has agreed to perform its portion of the work as described herein, under its own direction and in conformance with this Agreement;
NOW THEREFORE, in consideration of the above referenced recitals and the following mutual covenants, agreements and obligations of the parties, CAMPBELL and SAN JOSE agree as follows:
II. AGREEMENT PROVISIONS
1. PROJECT DESCRIPTION:
The “PROJECT” consists of retaining a contractor to design and complete the resurfacing of the roadway at McCoy Avenue between Quito Road and Harriet Avenue, and Olympia Avenue between Camden Avenue and Shamrock Drive, over which CAMPBELL and SAN JOSE have jurisdiction. The resurfacing will consist of milling 1 to 2 inches in depth of asphalt, lowering and raising utility boxes with their covers, removing and replacing failed areas after milling up to 3 inches in depth of asphalt, if any are identified, paving with 1.5 to 2 inches of hot-mix asphalt, replacement of traffic marking, and markers and legends for the area which has been resurfaced.
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The work to be performed is more fully described in the document entitled "Scope of Work and Schedule of Performance" set forth in Exhibit A, attached and incorporated by reference.
The PROJECT will have limits within both the City of SAN JOSE and the City of CAMPBELL.
Approximately 69% of McCoy Avenue between Quito Road and Harriet Avenue is within the City of SAN JOSE’s jurisdiction and 31% is within the City of CAMPBELL’s jurisdiction.
Approximately 25% of Olympia Avenue between Camden Avenue and Shamrock Drive is within the City of SAN JOSE’s jurisdiction and 75% is within the City of CAMPBELL’s jurisdiction.
2. SAN JOSE’S OBLIGATIONS:
SAN JOSE agrees as follows:
A. To act as the lead agency to administer the design and construction of the PROJECT.
Administration shall include preparation of specifications, contract documents and cost estimate; notification of local businesses and residents; coordination with various public agencies [and utilities]; preparation of all necessary environmental documents; obtaining permits; obtaining bids; awarding the construction agreement; administering the construction agreement; providing materials control and inspection services; and making all payments to the contractor.
B. To promptly provide CAMPBELL with awarded final specifications and contract documents for the PROJECT.
C. To cooperate with CAMPBELL should CAMPBELL raise any issues concerning the work in CAMPBELL’s jurisdiction that requires correction by the selected contractor prior to acceptance or within the warranty period of the PROJECT.
D. To assign as the designated project manager for SAN JOSE for the duration of the PROJECT Carl Mo (email: [email protected]). SAN JOSE’s project manager shall have all the necessary authority to direct technical and profession work within the scope of the Agreement and shall serve as the principal point of contact with SAN JOSE.
E. To not execute any change order or contract amendment with the selected contractor that modifies, expands, reduces, or otherwise affects the PROJECT scope of work, schedule, or cost Total Reimbursement Amount related to the CAMPBELL portion of the Project, without first obtaining the express written approval of CAMPBELL’s designated project manager. SAN JOSE shall provide CAMPBELL with written notice of any proposed change order affecting CAMPBELL’s scope of work within 5 days of receiving or generating the proposal, including a detailed description of the modification, the justification for the modification, and a detailed estimate of the impact on the PROJECT budget, schedule, and Total Reimbursement Amount. CAMPBELL shall have 5 days from the date of the notice to approve or deny the proposed change order in writing. If it fails to respond, the change order shall be deemed disapproved and SAN JOSE shall not proceed with the modification to the extent it binds or financially obligates CAMPBELL.
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F. To keep and maintain a complete copy of all records regarding costs and expenditures relating to the PROJECT, together with a complete copy of all plans, specifications, reports, contracts and other documents relating to the PROJECT, and the same shall be available for inspection by CAMPBELL at any time during usual business hours.
G. To allow CAMPBELL staff reasonable access to the PROJECT site, at all reasonable times and upon advance notice, to perform observation of any work on the CAMPBELL portion of the PROJECT.
H. To provide CAMPBELL with a copy of as-built record drawings for the PROJECT including specifically the CAMPBELL portion thereof.
I. To require the contractor on the PROJECT obtain all required permits and approvals for all PROJECT work, including work associated with the CAMPBELL portion thereof.
J. To provide a final accounting of all PROJECT costs associated with the CAMPBELL portion of the PROJECT to CAMPBELL within thirty (30) days after the Parties accept the PROJECT as complete.
K. To pay for 100% of SAN JOSE’s share of the Construction Cost, as defined in Section 3, below.
3. CAMPBELL’S OBLIGATIONS:
CAMPBELL agrees as follows:
A. To pay for 100% of CAMPBELL's share of the Construction Cost. As used in this Agreement, the term “Construction Cost” is defined to mean the actual amount paid to the contractor for the PROJECT, plus ten percent (10%) for SAN JOSE’s engineering, construction management and other administrative services and, if necessary, a ten percent (10%) construction contingency, which construction contingency shall be used to provide funding for unanticipated work that may be necessary for the proper completion of the PROJECT. CAMPBELL’s share of the Construction Cost is 100% of the Construction Cost for the CAMPBELL owned portion of the Project. Provided, however, that total payments made by CAMPBELL under this Agreement shall not exceed the maximum amount of Three Hundred Thirty Four Thousand Nine Hundred Ninety Nine Dollars and Forty Two Cents ($334,999.42) ("Total Reimbursement Amount”).
B. “Project Delivery” is defined as engineering, construction management, and associated management and administrative services provided by SAN JOSE as lead agency for the PROJECT.
1. The PARTIES understand that the PROJECT cost is based upon the engineer’s estimates and prior to public works bidding for PROJECT, as set forth in Exhibit “B”.
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with SAN JOSE’S practice for public works construction contracts awarded to the lowest responsive and responsible bidder as an allowance for potential contract change orders.
Should actual costs based upon SAN JOSE’s construction contractor’s public works bid exceed the Total Reimbursement Amount, prior to the award of any contract, the Parties agree to amend this Agreement in writing to set forth a revised Total Reimbursement Amount or to terminate this Agreement. CAMPBELL reserves the right to terminate this Agreement if CAMPBELL’s share of the Construction Cost based on the construction contractor’s public works bid exceeds the Total Reimbursement Amount.
C. To pay its share of the Construction Cost within forty-five (45) business days of receiving and approving the detailed invoice from SAN JOSE, provided that the following conditions are met:
1. The PROJECT has been completed and CAMPBELL has approved the portion of the work in its jurisdiction. Acceptance by CAMPBELL shall be made in writing to SAN JOSE. CAMPBELL may request documentation of such costs and may review the original invoices and weight certificates or request copies of same, which shall be provided within a reasonable time.
2. The detailed invoice sets forth the cost of construction of all PROJECT work based on the actual contrast unit prices paid and negotiated change order(s), if any.
3. SAN JOSE shall invoice CAMPBELL only one (1) time which shall occur after PROJECT completion, and this invoice shall be considered as the final detailed invoice for the PROJECT.
D. To assign as the designated project manager for CAMPBELL for the duration of the PROJECT Fredrick Ho (email: [email protected]) CAMPBELL’s project manager shall have all the necessary authority to review and approve and accept technical and professional work within the scope of the Agreement and shall serve as the principal point of contact with SAN JOSE.
4. TERM OF AGREEMENT:
A. Unless otherwise modified by a written amendment to this Agreement, the term of this Agreement shall be until PROJECT acceptance by both parties and final payments of all outstanding balances.
B. Consistent with City of San Jose Standard Specifications, Section 7-1.23, SAN JOSE shall cause the contractor to provide a warranty period of at least one (1) year from the acceptance date.
5. OWNERSHIP AND MAINTENANCE:
A. Upon completion of all work under this Agreement, ownership and title to all materials, equipment and appurtenances installed as a part of the PROJECT within the limits of SAN JOSE will automatically be vested in SAN JOSE, and all materials, equipment and Item 9.5
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appurtenances installed as a part of the PROJECT within the CAMPBELL limits will be vested in CAMPBELL, and no further agreement will be necessary to transfer ownership.
B. This Agreement does not change any authority or responsibility between CAMPBELL and SAN JOSE with regard to maintenance, operation or further repair responsibility of the Project area.
6. CONTRACTOR SHALL BE AN INDEPENDENT CONTRACTOR:
Any contractor(s) hired by either Party to perform the work included in the PROJECT shall not be an agent or employee of either Party and will perform such work as independent contractor.
All persons employed by or contracted with such contractor(s) to furnish labor and/or materials in connection with the work in the PROJECT shall not be employees of either Party in any respect.
The Parties agree and intend that SAN JOSE and CAMPBELL are independent entities and do not intend by this Agreement to create any partnership, joint venture, or similar business arrangement, relationship or association between them, except as may be agreed to expressly by this Agreement
7. TERMINATION:
Once SAN JOSE has awarded the construction contract for the PROJECT, the Agreement can be terminated only upon the mutual written consent and terms acceptable to all Parties.
8. NO PLEDGING OF EITHER CITY’S CREDIT:
Under no circumstances shall either CAMPBELL nor SAN JOSE have authority or power to pledge the credit of the other public entity or incur obligation in the name of the other public entity.
9. NO THIRD PARTY BENEFICIARY:
This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever.
10. AMENDMENTS:
No alternation or violation of the terms of this Agreement shall be valid unless made in writing and signed by the parties and incorporated into this Agreement
11. NOTICES:
Notices are to be sent as follows:
To SAN JOSE: Anie Yeh
[email protected]
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Senior Engineer
Department of Transportation
City of San Jose
1404 Mabury Road
San Jose, CA 95133
To CAMPBELL: Fredrick Ho
[email protected]
Senior Civil Engineer
City of Campbell
70 N. First St
Campbell, CA 95008
12. SEVERABILITY CLAUSE:
In case any one or more of the provisions contained herein shall, for any reason, be held invalid, illegal, or unenforceable in any respect, it shall not affect the validity of the other provisions which shall remain in full force and effect.
13. ENCROACHMENT PERMITS:
Both Parties to this Agreement will cooperate and /or provide access to its consultants, engineers and contractors for the PROJECT in the jurisdictional boundaries of each Party. Contractor shall obtain street opening permit from CAMPBELL before beginning work on the Project within CAMPBELL jurisdictional limits. Upon CAMPBELL’s receipt and verification of a complete, statutorily-compliant permit application from the contractor, CAMPBELL shall provide such a permit at no cost.
14. HOLD HARMLESS/INDEMNIFICATION:
It is understood and agreed that pursuant to California Government Code Section 895.4, that each Party shall fully indemnify and hold the other Party harmless from any liability imposed for injury (as defined in Government Code Section 810.8) by reason of anything done or omitted to be done by the indemnifying Party in connection with any work, authority or jurisdiction delegated to the respective Party under this Agreement. This hold harmless and indemnification provision shall apply to any activities, errors or omissions of the indemnifying Party and/or that Party’s officers, employees, agents, or any person or entity acting or omitting to act for or on behalf of said Party or such person or entities as are specifically authorized and empowered by that Party to act for it. For the activities, errors and/or omissions of the contractor retained for the Project, SAN JOSE shall ensure that the contractor fully defends, indemnifies, and holds harmless both Parties as additional insureds.
15. CAPTIONS:
The captions of the various sections, paragraphs and subparagraphs of this Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation of this Agreement.
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16. INSURANCE REQUIREMENTS:
SAN JOSE shall require any contractor awarded a contract for any portion of the work to be done on the PROJECT to secure and maintain in full force and effect at all times during construction and performance of the PROJECT, and until said PROJECT is accepted by all Parties, and any other time periods specified in the 2026 MAJOR STREETS RESURFACING #1 and 2026 LS RESURFACING SOUTH contract documents, insurance coverage described below, at no additional cost to either SAN JOSE or CAMPBELL, with coverage amounts, required endorsements, certificates of insurance, and coverage verifications satisfactory and acceptable to all Parties.
CAMPBELL, its respective City Council, Board of Supervisors, commissions, officers, employees, volunteers and agents shall be added as additional insureds on the commercial general liability policy with respect to liability arising out of the contractor's work for SAN JOSE on this Project.
It is mutually understood that during the term of the construction activities on the PROJECT, SAN JOSE will require the selected contractor to carry commercial general liability in amounts of not less than Five Million Dollars ($5,000,000) per occurrence; automobile liability in an amount not less than One Million Dollars ($1,000,000) per accident; and a Workers' Compensation Insurance policy as required by the State of California, with Statutory and Employer's Liability Insurance limits of not less than One Million Dollars ($1,000,000).
17. STATUTES AND LAW GOVERNING CONTRACT:
This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. SAN JOSE shall require that any contractor awarded a contract for any portion of the work to be done on the PROJECT comply with the requirements for prevailing wage under Labor Code Section 1770, et seq. The PROJECT shall be paid for and constructed in accordance with all ordinances, resolutions, rules, regulations, and laws of SAN JOSE to the extent they are consistent with state statutes and the ordinances, resolutions, rules, regulations and laws of CAMPBELL.
18. WAIVER:
The Parties’ waiver of any term, condition or covenant, or breach of any term, condition or covenant shall not be construed as a waiver of any other term, condition or covenant or breach of any other term, condition, or covenant.
19. ENTIRE AGREEMENT:
This Agreement contains the entire Agreement between CITY OF CAMPBELL and CITY OF SAN JOSE to the PROJECT. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect.
20. OTHER AGREEMENTS:
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This Agreement shall not prevent either Party from entering into similar agreements with others.
The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives. It is intent of the Parties that this Agreement shall become operative on the effective date.
21. COUNTERPARTS, ELECTRONIC SIGNATURES:
This Agreement may be executed in any number of counterparts and by each party in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute one and the same instrument. Electronic signatures (signatures scanned and transmitted by e-mail) may be used in place of original signatures on this Agreement or any document delivered pursuant hereto. The Parties intended to be bound by the electronic signatures on the scanned/emailed document, are aware that the other Party will rely on such signatures, and hereby waive any defenses to the enforcement of the terms of this Agreement based on the form of signature.
The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives. It is the intent of the Parties that this Agreement shall become operative on the Effective Date.
CITY OF CAMPBELL, CALIFORNIA
70 N. First St
Campbell, CA 95008
Phone: (408) 866-2150
APPROVED AS TO FORM:
_____________________________________ _____________________________________ William Seligmann Date Brian Loventhal Date
City Attorney City Manager
_____________________________________
Andrea Sanders Date
City Clerk
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CITY OF SAN JOSE, CALIFORNIA
200 E. Santa Clara Street
San Jose, CA 95113
Phone: (408) 277-5777
Fax: (408) 277-3131
APPROVED AS TO FORM:
_____________________________________ _____________________________________ MATTHEW TOLNAY Date EMILY LAM Date
Senior Deputy City Attorney Director of Administration, Policy & Intergovernmental Relations
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EXHIBIT "A"
SCOPE OF WORK AND SCHEDULE OF PERFORMANCE
The resurfacing part of the PROJECT consists of milling 1 to 2 inches in depth of asphalt concrete, paving with 1.5 to 2 inches of hot-mix asphalt, and replacement of traffic striping on the areas illustrated below. Approximately 69% of McCoy Av between Quito Road and Harriet Avenue is within SAN JOSE’s jurisdiction and 31% is within CAMPBELL’s jurisdiction.
Approximately 25% of Olympia Avenue between Camden Avenue and Shamrock Drive is within SAN JOSE’s jurisdiction and 75% is within CAMPBELL’s jurisdiction.
SAN JOSE isto deliver the PROJECT and prepare pavement design, and striping plans within the PROJECTlimits.
The work to be performed isfully described in the 2026MAJOR STREETS RESURFACING #1 and 2026 LS RESURFACING SOUTH contract documents.
The above-mentioned documents are herein incorporated to this Agreement by reference.
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Figure: Project Limit and Location Map
MCCOY AVENUE (QUITO ROAD – HARRIET AVENUE)
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OLYMPIA AVENUE (CAMDEN AVENUE - SHAMROCK DRIVE)
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EXHIBIT "B"
COST ESTIMATE FOR MCCOY AVENUE (QUITO ROAD – HARRIET AVENUE) Item 9.5
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EXHIBIT "B"
COST ESTIMATE FOR OLYMPIA AVENUE (CAMDEN AVENUE – SHAMROCK DRIVE) Item 9.5
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City of Campbell
Request for Budget Adjustments
Department/Program Division Date Request No.
September 15, 2026 BA-2
Budget to be Reduced
Fund/Program Account Number Description Amount
EXPENDITURES
435.23BB 7883 Improvements - Annual Street Maintenance (23-BB) (335,000.00) Budget to be Increased
Fund/Program Account Number Description Amount
EXPENDITURES
435.27MM 7883 Improvements - McCoy Ave and Olympia Ave Resurfacing (27-MM) 335,000.00 REASON FOR REQUEST - BE SPECIFIC:
Finance Director Public Works Director City Manager
Public Works
Will Fuentes Amy Olay Brian Loventhal
27-MM - McCoy Ave and Olympia Ave
Resurfacing Project
To appropriate $335,000 to the McCoy Ave and Olympia Ave Resurfacing Project (27-MM). This project will be funded by cost savings from the Annual Street Maintenance Project (23-BB), specifically from Vehicle Impact Fees.
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City Council Report
DATE: September 15, 2026
TITLE: Authorization to Execute Vehicle Registration Fee-Intelligent Transportation Systems (VRF-ITS) Fund Agreement for Campbell ITS Mobility and Safety Improvement Project (Resolution/Roll Call Vote) RECOMMENDED ACTION:
That the City Council adopt a resolution 1) approving the fund agreement with the Santa Clara Valley Transportation Authority (VTA) for the Campbell ITS Mobility & Safety Improvement Project; and 2) authorizing the City Manager to execute the fund agreement and any amendments thereof.
BACKGROUND
On October 16, 2025, VTA issued a call for projects for the fifth cycle of the countywide Vehicle Registration Fee (VRF) Program for use on Intelligent Transportation Systems (ITS) projects. The VTA Board of Directors approved a $2.5 million allocation of VRF funds for this grant cycle.
The source of funding for this grant is the regional portion of the voter-approved 2010 Measure B which levies a $10 annual vehicle registration fee on motor vehicles owned and registered by county residents. The goal of the VRF program is to pay for programs and projects that benefit motor vehicle owners who are paying the VRF. Eligible project types include upgrading or replacing traffic signal equipment, replacing traffic signal controllers, and retiming traffic signals on a corridor of regional significance. The VRF Program allows a maximum grant amount of $500,000 per project with no local match requirement.
On January 16, 2016, staff submitted a VRF-ITS grant application for the Campbell ITS Mobility & Safety Improvement Project.
On May 7, 2026, the VTA Board approved the recommended list of projects to receive $2.5 million in funding from the Vehicle Registration Fee for Intelligent Transportation Systems (VRF-ITS) - Cycle 5 competitive grant program. The Campbell ITS Mobility & Safety Improvement Project was among the funded projects.
DISCUSSION
The Campbell ITS Mobility & Safety Improvement Project, Project No. 27-AA includes the following components:
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1. Traffic signal controller upgrades. The VTA’s Transit Reliability Improvement and Performance System (TRIPS) Project is scheduled to replace 21 of 27 controllers along three corridors (i.e., Campbell Avenue, Winchester Boulevard, and Bascom Avenue) to implement Transit Signal Priority (TSP) features. The Campbell ITS Mobility & Safety Improvement Project will replace the remaining six controllers on these corridors that are not being replaced by the VTA’s TRIPS Project.
2. East Hamilton Avenue Signal Retiming. The Campbell ITS Mobility & Safety Improvement Project will retime seven traffic signals along East Hamilton Avenue (between Winchester Boulevard and April Way) and two additional signals along Creekside Way between the State Route 17 Northbound Off-ramp and the Creekside Hotel Entrance. The East Hamilton Avenue corridor is of regional significance in that it provides regional access to State Route 17. The traffic signals along this corridor have not been retimed since 2019.
3. Accessible Pedestrian Signal (APS) Pushbutton Installations. The project is budgeted to replace pushbuttons at 33 traffic signals. APS pushbuttons will include vibrotactile buttons, locator tones, and speech messages that allow visionimpaired pedestrians to locate pushbutton locations and direction of travel per pushbutton. Replacing existing pedestrian pushbuttons with APS pushbuttons advances Campbell’s ADA Transition Plan to make Campbell’s traffic signals ADAaccessible.
4. Countdown Pedestrian Signal Replacements. The City’s countdown pedestrian signals that were originally installed between 2010 and 2012 are reaching the end of their useful lives. The Campbell ITS Mobility & Safety Improvement Project will replace all 40 traffic signals that have countdown pedestrian timers. The remaining five traffic signals are located at railroad crossings and do not have countdown pedestrian signals since train preemptions cause the countdown timers to display incorrect crossing times.
5. Procurement of Synchro plus SimTraffic Software License. Synchro and SimTraffic are commonly used signal timing optimization and traffic simulation softwares, respectively, in the traffic engineering industry. Purchase of this software license will allow staff to view consultants’ Synchro and SimTraffic data files.
Fund Agreement
A fund agreement between VTA and the City must be executed before the City can commence work on this project. Some highlights of the fund agreement are as follows.
1. Project Description. The project description highlights the five project components listed above.
2. Term of Agreement. The project must be completed by December 31, 2028.
3. Grant Award. The grant amount is $500,000 in VRF-ITS funds.
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4. City’s Responsibilities. Among the City’s tasks are procuring professional services, awarding and administering contracts, and providing VTA with written biannual progress reports.
Should procurement prices come in below preliminary cost estimates, VTA has indicated support to amending the agreement’s specific details (e.g., number of signalized intersections to have APS buttons replaced) to implement the project scope within the project budget. For this reason, staff recommends that the City Council authorize the City Manager to execute the original fund agreement and any amendments to the fund agreement.
FISCAL IMPACT
By executing the VRF-ITS Program fund agreement, the City will receive up to $500,000 to implement the Campbell ITS Mobility & Safety Improvement Project. The VRF-ITS Program requires no local match. Therefore, the City would pay no out-of-pocket costs to implement this project.
ALTERNATIVES
1. Do not execute funding agreement for the project. This alternative is not recommended since the Campbell ITS Mobility & Safety Improvement Project requires no local match to upgrade existing traffic signal equipment that may be reaching the end of their useful lives.
PREPARED BY: Matthew Jue, Traffic Engineer
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Report Approval Details
Document Title: report-authorization to execute VRF-ITS fund agreement for ITS Mobility and Safety Project 9-15-26 new business.docx
Attachments: resolution-authorization to execute VRF-ITS fund agreement for ITS Mobility and Safety Project 9-15-26 new business.docx Funding Agreement VRF ITS -26VRF03_FINAL (no draft
watermark).docx
Final Approval
Date:
September 09, 2026
This document and all of its attachments were approved and signed as outlined below:
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RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING THE CITY MANAGER TO EXECUTE VEHICLE REGISTRATION FEEINTELLIGENT TRANSPORTATION SYSTEMS (VRF-ITS) PROGRAM PROJECT
FUND AGREEMENT FOR THE CAMPBELL ITS MOBILITY & SAFETY
IMPROVEMENT PROJECT
WHEREAS, on October 16, 2025, VTA issued a call for projects for the fifth cycle of the countywide Vehicle Registration Fee (VRF) Program for use on Intelligent Transportation Systems (ITS) projects; and
WHEREAS, the VTA Board of Directors approved a $2.5 million allocation of VRF funds for this grant cycle; and
WHEREAS, the source of funding for this grant is the regional portion of the voterapproved 2010 Measure B which levies a $10 annual vehicle registration fee on motor vehicles owned and registered by county residents; and
WHEREAS, the goal of the VRF program is to pay for programs and projects that benefit motor vehicle owners who are paying the VRF; and
WHEREAS, eligible project types include upgrading or replacing traffic signal equipment, replacing traffic signal controllers, and retiming traffic signals on a corridor of regional significance; and
WHEREAS, the VRF Program allows a maximum grant amount of $500,000 per project and does not require any local match; and
WHEREAS, on January 16, 2016, staff submitted a VRF-ITS grant application for the Campbell ITS Mobility & Safety Improvement Project; and WHEREAS, on May 7, 2026, the VTA Board approved the recommended list of projects to receive $2.5 million in funding from the Vehicle Registration Fee for Intelligent Transportation Systems (VRF-ITS) - Cycle 5 competitive grant program; and WHEREAS, the Campbell ITS Mobility & Safety Improvement Project was among the funded projects.
WHEREAS, the Campbell ITS Mobility & Safety Improvement Project includes the following components: 1) Traffic signal controller upgrades, 2) East Hamilton Avenue signal retiming, 3) Accessible Pedestrian Signal (APS) Pushbutton Installations 4) Countdown Pedestrian Signal Replacements, and 5) Procurement of Synchro plus SimTraffic Software License; and
WHEREAS, a fund agreement between VTA and the City must be executed before the City can commence work on this project; and
WHEREAS, the project must be completed by December 31, 2028; and Item 9.6
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WHEREAS, by executing the VRF-ITS Program fund agreement, the City will receive up to $500,000 to implement the Campbell ITS Mobility & Safety Improvement Project; and WHEREAS, should procurement prices come in below preliminary cost estimates, VTA has indicated support to amending the agreement’s specific details (e.g., number of signalized intersections to have APS buttons replaced) to implement the project scope within the project budget; and
WHEREAS, staff recommends that the City Council authorize the City Manager to execute the original fund agreement and any amendments to the fund agreement; and WHEREAS, the VRF-ITS Program requires no local match.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Campbell hereby: 1) approves the fund agreement with the Santa Clara Valley Transportation Authority (VTA) for the Campbell ITS Mobility & Safety Improvement Project; and 2) authorizes the City Manager to execute the fund agreement and any amendments thereof.
PASSED AND ADOPTED this ___ day of ______________ 2026, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS:
APPROVED:
Daniel E. Furtado, Mayor
ATTEST:
___________________________
Andrea Sanders, City Clerk
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FUNDING AGREEMENT
BETWEEN THE CITY OF CAMPBELL AND
THE SANTA CLARA VALLEY TRANSPORTATION AUTHORITY
FOR 2010 MEASURE B VEHICLE REGISTRATION FEE COUNTYWIDE PROGRAM This Agreement (“Funding Agreement”) between the City of Campbell, a California municipal corporation, (“City”), and the SANTA CLARA VALLEY TRANSPORTATION AUTHORITY, a California special district, ("VTA") is made as of the date of final execution by each party hereto (“Effective Date”).
I. Recitals
A. Whereas, in November of 2010, the voters of Santa Clara County authorized a TEN DOLLAR ($10) increase in the Vehicle Registration Fee (“VRF”), referred to hereinafter as the “Program,” for transportation-related projects and adopted an expenditure plan which allocates the revenue to transportation-related programs and projects that have a relationship or benefit to the persons who pay the fee; and
B. Whereas, the VTA Board of Directors has adopted administrative procedures for the Program; and C. Whereas, these administrative procedures state that VTA will execute program funding agreements with project sponsors; and
D. Whereas, the Program includes a “Countywide Program” that includes Intelligent Transportation System (“ITS”) technologies as an eligible project category; and E. Whereas, on May 7, 2026, the VTA Board approved VRF ITS funds for the Campbell ITS Mobility and Safety Improvements- Phase 1 project (“Project”); and
F. Whereas, each party hereto (“Party”) desires to specify the terms and conditions under which VRFITS project grants are conducted and financed.
NOW, THEREFORE, in consideration of the mutual promises contained herein, each Party (collectively referred to as the “Parties”) agrees as follows:
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II. Agreement
A. Project Description
The Project will implement the following transportation system improvements along Campbell Avenue, Hamilton Avenue, and Winchester Boulevard corridors:
1. Traffic Signal Controller Upgrades: Installation of new TS2-Type 2 signal controllers to replace the current TS1 controllers at 6 intersections along Campbell Avenue and Winchester Boulevard.
2. East Hamilton Avenue Signal Timing Coordination: Implementation of signal timing coordination along East Hamilton Avenue (seven signals between Winchester Boulevard and April Way; two signals along Creekside Way).
3. Accessible Pedestrian Signal (APS) Pushbuttons: Replacement of the existing pedestrian pushbuttons with touchless APS systems at up to 33 signalized intersections within the City.
4. Countdown Pedestrian Signals: Replacement of existing aging countdown pedestrian signals with new ones at 40 of the 45 signalized intersections within the City.
5. Procurement of Synchro plus Sim Traffic Software License The Project details are attached hereto as EXHIBIT A.
B. Term of Agreement
The term of this Funding Agreement shall be deemed to have commenced retroactively as of May 9, 2026 and shall continue until the earlier of: (i) the date that the Project is completed or terminated; or (ii) the close of business on December 31, 2028.
Any requests for additional time to complete Project beyond December 31, 2028 must be submitted in writing to VTA no later than October 1, 2028 and document that significant progress has been made on the Project. VTA may approve or deny such requests in its sole discretion.
Documentation by VTA approving any extensions for the Project shall be sufficient approval to extend the term of this Agreement.
C. Grant of VRF Funds
VTA hereby agrees to allocate to City, a grant (“Grant”) in an amount not to exceed $500,000 (“Maximum Grant Amount”). Said Grant is provided to City in return for City’s agreement to implement the Project.
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D. Reimbursement
1. VTA will reimburse City in the amount of: (i) Eligible Costs, as defined in Paragraph E.1., submitted to VTA; or (ii) the Maximum Grant Amount, whichever is less. VTA will reimburse City based on receipt of invoices showing Eligible Costs incurred and paid 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 O, City will immediately act to not incur any additional obligations, costs or expenses, except as may be reasonably necessary to terminate its activities under this Agreement. The VTA’s only obligation to the City will then be just and equitable payment for costs and expenses incurred by City up to and including the effective date of termination, less any amounts withheld.
E. 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 shown in Table 1 of Exhibit A. No other expenses will be subject to reimbursement as Eligible Costs without the prior written approval of VTA.
2. Ineligible Costs. Ineligible costs are costs not specifically identified as “Eligible Costs.” Specific “Ineligible Costs” include, but are not limited to, the following:
a. Expenses for organizational functions excepting those described as “indirect costs” above, businesses services, and information technology including, but not limited to telephone charges, computer costs, CAD machine charges, inhouse copying charges, and facsimile charges will not be reimbursed as other direct costs;
b. Travel upgrades, fines, memberships, loss of personal property or cash, alcohol, “no shows,” or personal itinerary changes.
3. If the City is unsure about the eligibility of a cost, then the City must seek and obtain written VTA approval of the cost before the City incurs it. Failure to obtain VTA’s prior approval of potentially ineligible costs may result in non-reimbursement of the cost.
F. Invoicing to VTA.
1. City must submit invoices to [email protected] for reimbursement of work completed on the Project. Invoices may not be submitted more frequently than monthly and must be submitted within one year of City incurring the cost(s).
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2. All invoices must follow VTA invoice template and detail:
a. Project name and ID;
b. Eligible Costs actually incurred and paid by City;
c. Total reimbursement amount (in dollars) requested;
d. Total amount reimbursed by VTA to date;
e. Summary of activities being reimbursed during the relevant billing cycle; and f. all records, including staff hours, contractors’ invoices, miscellaneous invoices, force account charges, and any other documentation requested by VTA.
3. VTA will remit the amount due to City within 30 calendar days of receipt of a complete, fully documented (time sheets, bills, etc.) invoice.
G. Return of Funds.
In the event that VTA reimburses costs that it later learns are not Eligible Costs, City must, no later than thirty (30) business days after receipt of written notice thereof from VTA, return the full amount of the funding received for such costs to VTA. In the event a good faith dispute regarding reimbursed costs occurs, the Parties will meet and confer to attempt an informal resolution.
The provisions set forth in this Paragraph G will survive the termination or expiration of this Agreement.
H. 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. Procure professional services, as needed, 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 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;
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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 committee meetings, 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. Actively monitor actual Project expenditures to ensure that the funds are used to reimburse Eligible Costs only;
b. Provide VTA with written bi-annual progress reports including, but not limited to, updates on Project expenditures, any changes in schedule, and Project status in a format previously provided by VTA to City. Reports are due from City to VTA no later than April 15 and October 15 of each year as a condition of receiving funds. Each report shall cover activities and expenditures incurred through March 31 (for the April 15 report) and September 30 (for the October 15 report); and
c. Provide VTA copies of Project deliverables including, but not limited to, reports, designs, drawings, plans, specifications, schedules, and other materials, as requested.
I. Indemnification.
Neither VTA nor any officer or employee thereof will be responsible for any damage or liability arising out of or relating to City’s negligence, recklessness, or willful misconduct under or in connection with any work, authority, or jurisdiction associated with the Agreement. City shall immediately and fully indemnify and hold VTA harmless from any liability imposed for injury (as defined by Government Code §810.8) arising out of or relating to City’s negligence, recklessness, or willful misconduct under or in connection with any work, authority or jurisdiction delegated to City under this Agreement.
Neither City nor any officer or employee thereof will be responsible for any damage or liability arising out of or relating to VTA’s negligence, recklessness, or willful misconduct under or in connection with any work, authority, or jurisdiction associated with the Agreement. VTA shall immediately and fully indemnify and hold City harmless from any liability imposed for injury (as defined by Government Code §810.8) arising out of or relating to VTA’s negligence, recklessness, or Item 9.6
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willful misconduct under or in connection with any work, authority, or jurisdiction delegated to VTA under this Agreement.
These provisions shall survive the termination of this Agreement.
J. Insurance.
At all times during this Agreement, City and City’s contractors and consultants 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.
K. Additional Insured and Indemnity Provision.
In any agreement executed between the City and a third 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 requirements of Exhibit B.
L. 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).
M. 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.
N. Audit and Records.
1. City must maintain, and must require their contractors to maintain, in accordance with generally accepted accounting principles and practices, complete books, accounts, records, and data pertaining to services performed under this Agreement, including the costs of Item 9.6
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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 proper 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, VTA and its representatives must have access during normal business hours to any books, accounts, records, data, and other relevant documents (“Records”) of the City that are pertinent to this Agreement for audits, examinations, excerpts, and transactions. The other Party must furnish copies of the Records upon request.
3. VTA, at its discretion, may perform audits of the Project and related Records upon providing at least 30 calendar days’ written notice to City.
O. 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.
2. The Parties Authorized Representatives are as follows:
VTA:
Marcella Rensi
Deputy Director, Grants
Santa Clara Valley Transportation Authority
3331 N First Street
San Jose, CA 95134
Email: [email protected]
City:
Amy Olay
Public Works Director
City of Campbell
70 N 1st Street
Campbell, CA 95008
Email: [email protected]
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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.
P. General Terms and Conditions.
1. Headings. The subject headings of the articles and paragraphs in this Agreement are included for convenience only and will not affect the construction or interpretation of any of its provisions.
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. The Parties hereto acknowledge and agree that, although this Agreement was originally drafted by VTA’s legal counsel, City and its legal counsel have reviewed and negotiated the terms of this Agreement with the VTA.
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, including but not limited to extending the Project Term as specified in Paragraph B, its provisions cannot be altered, modified, or amended except through the execution of a written amendment executed by the Parties.
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 written notice thereof to the other Party. The Parties must promptly meet in an effort to resolve the issues raised. If the Parties fail to resolve the issues raised, alternative forms of dispute resolution, including mediation, may be Item 9.6
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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, nothing in this Paragraph 7 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 the filing of such actions.
8. Severability. If any provisions of this Agreement (or portions or applications of it) are held to be unenforceable 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.
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 for or prepared by or for the City relative to the Project are the sole property of the City unless otherwise agreed upon by the City.
12. Attribution to VTA. City must include attribution to VTA that indicates part of the work was funded by VTA on all signage, electronic or printed materials related to the Project that are distributed to the public. VTA will provide a copy of VTA logos 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 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 information, or military and veteran’s status, or in any manner prohibited by federal, state, or local laws. In addition, the Parties and 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 Item 9.6
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evaluation and treatment of their employees and applicants for employment is free of such discrimination and harassment.
14. Public Records. The Parties recognize and acknowledge that each Party is subject to the California Public Records Act, California Government Code Section 7920 et seq. Public Records are subject to disclosure.
15. Relationship of the Parties. It is understood that this is an Agreement by and between independent parties and does not create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship other than that of independent contractor.
16. Counterparts; Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which 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.
17. 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.
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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
Carolyn M. Gonot
General Manager/CEO
Brian Loventhal
City Manager
Date Date
Approved as to Form: Approved as to Form:
Vrunda Shah
Staff Attorney II
William Seligmann
City Attorney
Date Date
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EXHIBIT A
VRF Countywide Program Fund Project Elements & Costs
Description Cost
Equipment Procurement (Controllers, APS, Pedestrian Countdown Signals) $340,000 Design and Delivery $36,000
Construction and Implementation $124,000
Total $500,000
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EXHIBIT B
INSURANCE REQUIREMENTS
INSURANCE (Required for ALL agreements)
Without limiting City’s indemnification and defense of claims obligations to VTA, City must procure and maintain for the duration of the Agreement, and require any contractor or consultant it hires to perform work under the scope of this Agreement, to procure and maintain for the duration of this Agreement, insurance or self-insurance against 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 the insured or self-insured party. As applicable, the insured party 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 (“occurrence” form CG 0001). General Liability insurance written on a “claims made” basis is not acceptable.
2. Business Auto Coverage, Insurance Services Office form number CA 0001, covering Automobile Liability, code 1 “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.
B. MINIMUM LIMITS OF INSURANCE
a. City must maintain limits no less than:
1. General Liability: $1,000,000 limit per occurrence for bodily injury, personal injury, and property damage. If General Liability Insurance or other form with a general aggregate 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.
2. Automobile Liability (including umbrella/excess liability): $1,000,000 limit per accident for bodily injury and property damage.
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3. 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.
4. Notwithstanding any language in this Lease to the contrary, if City or its contractors or consultants carry insurance limits exceeding the minima stated in Paragraph B(a)(1)-(3) immediately above, such greater limits will apply to this Agreement.
C. SELF-INSURED RETENTION
If City is a governmental authority such as a state, municipality or special district, self-insurance is permitted.
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 or additional covered party as respects: liability arising out of City’s or City’s contractors or consultants’ 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 from City’s contractors or consultants must provide coverage at least as broad as afforded by the combination of ISO CG 20 10 10 01 and CG 20 37 10 01.
b. Any failure to comply with reporting provisions of the policies may not affect coverage provided to VTA, its directors, officers, officials, employees, or volunteers. c. Coverage must state that City’s coverage 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 City’s contractors’ or consultants’ General Liability General Aggregate limit must apply per project, not per policy.
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e. The City’s contractors’ or consultants’ 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’s contractors and consultants 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. b. City’s, and its contractors’ and consultants’, 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, its contractors, and consultants’ insurance. City’s insurance must not seek contribution from VTA’s insurance program.
3. Other Insurance Provisions
a. The City’s contractors’ or consultants’ 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 insurance carrier(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. Best’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 OR CERTIFICATES OF COVERAGE City must furnish VTA with a Certificate of Coverage of Self-Insurance. City’s contractors and consultants must furnish VTA with a Certificate of Insurance. The certificates for each insurance policy must be signed by an authorized representative of that insurer. The certificates for City’s contractors and consultants must be issued on a standard ACORD Form. City must instruct their insurance broker/agent to submit all certificates and required notices electronically in PDF format to [email protected]. All endorsements must be attached to the ACORD certificate in a single PDF document.
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The City’s certificate(s) shall provide all applicable self-insurance coverage information. City’s contractors’ and consultants’ 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 95134-1906
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 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 receives notice that any of the insurance policies required by this Exhibit 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 Exhibit is canceled or coverage is reduced.
H. MAINTENANCE OF INSURANCE
If City fails to maintain self-insurance as required herein, VTA, at its option, may suspend the Agreement until a new policy of insurance is in effect.
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City Council Report
DATE: September 1, 2026
TITLE: Council Committee Reports
RECOMMENDED ACTION:
That the City Council report on activities from their committee assignments.
MAYOR FURTADO
City Attorney Performance/Compensation Subcommittee
City Clerk Performance/Compensation Subcommittee
City Manager Performance/Compensation Subcommittee
Economic Development Subcommittee
Finance Subcommittee
Legislative Subcommittee
Association of Bay Area Governments (ABAG)
Cities Association of Santa Clara County - City Selection Committee Silicon Valley Regional Interoperability Authority**
West Valley Mayors and Managers
West Valley Sanitation District
US Mayor’s Water Council**
Valley Transportation Authority Policy Advisory Committee Campbell Historical Museum & Ainsley House Foundation (Alt.) Cities Association of Santa Clara County Board Representative (Alt.) Santa Clara County Emergency Operational Council (EOAC)** (Alt.) Silicon Valley Animal Control Authority Board (SVACA) (Alt.)
VICE MAYOR BYBEE
Education Subcommittee
Friends of the Heritage Theater Liaison
Legislative Subcommittee
City Attorney Performance/Compensation Subcommittee
City Clerk Performance/Compensation Subcommittee
City Manager Performance/Compensation Subcommittee
Campbell Historical Museum & Ainsley House Foundation Liaison Cities Association of Santa Clara County: Board Representative Santa Clara County Library District JPA Board of Directors Silicon Valley Animal Control Authority Board (SVACA)
Cities Association of Santa Clara Legislative Action Committee Item 11.1
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Cities Association of Santa Clara County City Selection Committee (Alt.) Silicon Valley Clean Energy JPA Board of Directors (Alt.) West Valley Mayors and Managers (Alt.)
COUNCILMEMBER SCOZZOLA
Advisory Commissioner Appointment Interview Subcommittee
COUNCILMEMBER HINES
Advisory Commissioner Appointment Interview Subcommittee DCBA Liaison
Economic Development Subcommittee
League of California Cities Peninsula Division Housing, Community & Economic Development Committee**
San Jose Bristol Hotel Transitional Housing Community Advisory Committee** Santa Clara Valley Water District County Water Commission West Valley Solid Waste Management Authority JPA
West Valley Stormwater Authority
Silicon Valley Clean Energy JPA Board of Directors
Silicon Valley Clean Energy Finance and Administration Committee** Santa Clara County Housing and Community Development Advisory Committee (Alt.) West Valley Sanitation District (Alt.)
Valley Transportation Authority Policy Advisory Committee (Alt.)
COUNCILMEMBER LOPEZ
Campbell Ministerial Interfaith Group
Finance Subcommittee
Education Subcommittee
League of California Peninsula Division Executive Committee** Santa Clara County Housing and Community Development Advisory Committee Valley Transportation Authority Board of Directors**
Association of Bay Area Governments (Alt.)
DCBA Liaison (Alt.)
Friends of the Heritage Theater Liaison (Alt.)
Santa Clara County Library District JPA Board of Directors (Alt.) Santa Clara Valley Water District County Water Commission (Alt) West Valley Solid Waste Management Authority JPA (Alt.) West Valley Stormwater Authority (Alt.)
**appointed by other agencies
PREPARED BY: Andrea Sanders, City Clerk
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