03-110 San Tomas Aquino/Saratoga Creek Trail funding.,~
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CITY OF
CUPEI~TINO
November 7, 2003
Ms. Donna Logan
Senior Real Estate Agent
County of Santa Clara
Environmental Resources Agency
Parks and Recreation Department
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
(408)777-3354
FAX (408) 777-3333
PUBLIC WORKS DEPARTMENT
Ralph A. Qualls, Jr., Director
Subject: San Tomas Aquino/Saratoga Creek "['rail Funding Agreement
Dear Ms. Logan:
Enclosed is a requisition for the matching funds for the subject trail, per the funding
agreement between the County and the City. 'Che project was completed earlier this year.
Thank you for your assistance with this matter. Please call me at (408) 777-3354 if you
have questions cr require further information.
Sincerely,
Glenn Goepfert
Assistant Director of Public Works
Attachments
Printed on Recycled Paper
EXHIBIT A
Date: November 7, 2003
Payment Request
PROJECT: Funding Agreement -San Tomas Aquino-Saratoga Creek
CITY PROJECT MANAGER: Ray Chong City Traffic Engineer
ADDRESS: City of Cupertino
Department of Public Works
13000 Torre Avenue Cupertino CA 95014
VENDOR NO. 47716
Notice of award for $ 400^or-3.00 from city o Cu~rtino IS
attached.
1. Original County Grant Amount
2. Amount Requested
$35, 180
35,180
3. Balance Available (1 minus 2) 0
Accounting Data: Fund 0056 INDEX 5909 E53J !100 FABC 893
APPROVALS
Donna Logan
Project Manager:
Mark Frederick
Planning & Development Manager:
Lisa Killough
Deputy Director:
Date:
Date:
Date:
4
STATE OF CALIFORNIA -DEPARTMENT OF INDUSTRIAL RELATIONS
DIVISION OF APPRENTICESHIP-STANDARDS
_ __
TO: California Department of Industrial Relations
Division of Apprenticeship Standards ,
P.O.Box 420603
San Francisco California 94142
FROM: AWARDING AGENCY ~ EXTRACT OF
s3o6oo0o PUBLIC WORKS CONTRACT AWARD
City of Cupertino
10300 Torre Avenue
Cupertino. CA 95014
A CONTRACT TO PERFORM PUBLlC WORKS UNDER LABOR CODE SECTION 1777.5 HAS BEEN AWARDED TO:
2 NAME OF GENERAL CONTRACTOR 3. CONTRACTOR'S LICENSE NO
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4. MAIL ADDRESS (STREET NUMBER OR P.O. BOX)
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6. ZIP CODE 7. TELEPHONE NUMBER
8. ADDRESS OR LOCATION OF PUBLIC WORKS SITE (INCLUDE CIlY AND/OR COUNTY)
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9. CONTRACT OR PROJECT NUMBER
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11. STARTING DATE (ESTIMATED OR ACTUAL) 12. COMPLETION DATE (ESTIMATED OR ACTUAL)
MONTH DAY YEAR
~ J~- / ')~ / ~) aJSE NUMBERS) MONTH DAY YEAR
% / / ~~ / ~~ /(USE NUMBERS)
13. TYPE OF CONSTRUCTION (HIGHWAY, SCHOOL, HOSPITAL, ET(:.) 14.
/,~ ~ ~i • ~ ~~> ' ~ ~ NEW CONSTRUCTION ~ ALTERATIONS
15. CLASSIFICATION OR TYPE OF WORKER (CARPEN i CR, PLUMBER, ETC.) THAT WILL BE EMPLOYED BY THE CONTRACTOR(S)
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16.
Is language Included in the Contract Award to effectuatE~ the provision of s®ction ®YeS ~ No
1777.5, as required by the Labor Code? ............................,....................................
Is language included in the Contract Award to effectuate the provisions of Section r~ Yes ~ No
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1776, as required by the Labor Code? ............................:.....................................
17. GNATURE 1 TITLE,
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-- 21 TELEPHONE NUMBERS
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Duptlcatlon of this forth is permissible
DAS 13 (rev. 5/01)
n~-Ilo
FUNDING AGREEMENT -SAN TOMA~i AQUINO/SARATOGA CREEK TRAIL
CITY OF CUPERTINO
This is a funding agreement (AgreemE~nt) between the COUNTY OF SANTA
CLARA, a subdivision of the State of California (COUNTY), and the CITY OF
CUPERTINO,a municipal corporation (CITY), for COUNTY funding of the San Tomas
Aquino/Saratoga Creek Trail.
RECITALS
A. The San Tomas Aquino/Saratoga CreE~k Trail is identified as a pedestrian and
bicycle trail in the Santa Clara County countywide Trails Master Plan Update
adopted by the Board of Supervisors in November 1995 and incorporated into
the COUNTY's General Plan.
B The COUNTY, City of San Jose, City of Santa Clara, and the City of Cupertino
(Interagency Committee) have completed the San Tomas Aquino-Saratoga
Creek Trail Master Plan and environmental documents. The Interagency
Committee wishes to coordinate effoN~s to complete the implementation plan to
secure trail construction grants and build the trail reach in each jurisdiction.
C CITY's obligation under the Master Plan is defined as Reach 5 in the San Tomas
Aquino-Saratoga Creek Trail Master Pllan and represents 17.59% of the total
trail mileage, for which CITY will be rE~sponsible for design and construction
(Project).
C. COUNTY has allocated a total of $200,,000 for the development of the San
Tomas Aquino-Saratoga Creek Trail. Of the total, $35,180 has been allocated to
the CITY based on the proportion of the Project under CITY's jurisdiction.
THEREFORE, it is agreed as follows:
1. PURPOSE OF AGREEMENT
The purpose of this Agreement its to define the conditions for COUNTY'S
grant of $35,180 to the CITY to serve as matching funds in CITY's applications
for future grant funding for the Project.
The Board of Supervisors reviev~red the facts in support of the Project and
finds: the Project is located in Santa Clara County; it will be open to the public
on an equal basis; it will benefit all citizens of Santa Clara County; and the
Project serves County park purposes.
2. TERM
COUNTY's grant shall be available for five (5) years from the date of
execution of this Agreement. If CITY does not use the funds for the Project
within the five years, the funds will revert to the County Park Charter Fund for
reprogramming.
COUNTY may extend the Agreement for an additional six (6) months with
the prior written approval of COUNTY's Director of Parks and Recreation, who
shall have the authority to exercise this discretion on behalf of the COUNTY.
~PLZC~'i'~ ~~_ :. ,, ~. 1
The COUNTY may end this Agreement if CITY defaults on any obligation in
the Agreement. COUNTY shall providf~ written notice of default giving CITY five
(5) days to cure or start to cure the default. If CITY fails to cure the default,
COUNTY may issue its notice and end this Agreement.
3. CITY'S OBLIGATIONS
a. Development of Plans & Saecifications
CITY shall be responsible 1=or the development of the Project
according to the standards and ~~onditions set out in the San Tomas
Aquino/Saratoga Creek Trail Master Plan and related environmental
documents.
b. County Auproval
CITY shall submit its draft grant applications to COUNTY for
COUNTY'S review and approval :30 days in advance of CITY's submission of
its applications for approval of C:ITY's City Council or authorized approving
entity. COUNTY shall have 15 days to respond to CITY's draft. COUNTY's
approval shall not be unreasonably withheld.
c. Records
The CITY shall keep the rE~cords of the Project for audit purposes for
three (3) years after completion of the Project or until all claims are
settled, whichever occurs last. CITY shall provide COUNTY all records and
data upon reasonable notice within five (5) working days of COUNTY'S
request. CITY shall repay COUN"TY with interest at the rate earned on
COUNTY's investments for any unauthorized activities disclosed by audit or
inspection, including the cost of the audit, within 30 days of demand by
COUNTY. Before disposal of any such records, the CITY shall notify
COUNTY. COUNTY shall have the opportunity to place the records in
storage unless written release is. granted by the COUNTY's Director of
Parks and Recreation.
d. Indemnification
The City shall defend, indE~mnify and hold harmless County, its
officers, employees, and agents from any loss, injury, or damage arising
out of or in connection with any acts or omissions related to the Project or
the CITY's performance under tF~is Agreement.
4. FUNDING PROCESS
a. Maximum Funding
COUNTY shall provide CITY with funds for the Project as specified in
Section 3 above not to exceed $35,180.
b. Fund Restrictions
COUNTY funds shall only t-e used as matching funds for future grant
applications reviewed and approved by COUNTY after this Agreement is
executed.
No COUNTY contribution shall be used for salaries, administrative
expenses or office space incidental to the development of the Project.
c. Request for Funding
CITY may request funding for the Project when:
- CITY provides COUNTY the notice of the award to CITY of any
grant for the Project, and;
2
- CITY provides writtE~n notice of its award of consultant or
construction contracts.
d. Payment to CITY
COUNTY shall have 45 da~~s to provide a warrant for the requested
funding if COUNTY finds the invoice satisfactory. County has the option to
1) require additional information which will cause the invoice to be
satisfactory; 2) pay that part of the invoice which is satisfactory and
decline payment for the remainder; or 3) a combination of 1 and 2.
5. NOTICES
Any notices shall be mailed to ttie respective parties addressed as follows:
COUNTY OF SANTA CLARA
Director
Parks and Recreation Department
298 Garden Hill Drive
Los Gatos, CA 95032
Tele: (408) 358-3741
CITY OF SAN JOSE
C~i rector
C~epartment of Public Works
City of Cupertino
10300 Torre Avenue
Cupertino CA 95014
T~ele: (408) 777-4938
Therefore, the parties have executed this Agreement on the latest date shown below:
TY OF CUPERTINO
andra James, May
COUNTY OF SANTA CLARA
E3lanca Alvarado, Chairperson
Date
Approved as to fo
Charles Kiilian, City Attorney
Date: ~ 20~
Attest
~~~
Kimberley Smith, ity Clerk
Date: 0~ ~
E3oard of Supervisors
Date:
_ MAY 2 ~ %(i~~~i
Attest:
~/ _
Phyl A. Perez, Clerk of th ar of
Supervisors
Gate: MAY 2 0 X003
Approved as to form and legality:
Kathryn A. rry, Dep. Coun Counsel
Date: _ l ~' , 200/
3
EXHIIBIT A
Date: November 7, 2003
Payment Request
PROJECT: Funding Agreement -San Tomas A,auino-Saratoga Creek
CITY PROJECT MANAGER: Ray Chong, City Traffic Engineer
ADDRESS: City of Cupertino
Department of Public Works
13000 Torre Avenue. Cupertino CA. 95014
VENDOR NO. 47716
Notice of award for $ 4~o,oc-3 _ nn frOm_ Citv of Cupertino IS
attached.
1. Original County Grant Amount $35, 180
2. Amount Requested
3. Balance Available (1 minus 2)
35,180
Accounting Data: Fund 0056 INDEX 5909 E:SBJ 4100 FABC 893
APPROVALS
Donna Logan
Project Manager:
Mark Frederick
Planning & Development Manager:
Lisa Killough
Deputy Director:
Date:
Date:
Date:
4
STATE OF CALIFORNIA -DEPARTMENT OF INDUSTRIAL RELATIONS
DIVISION OF APPRENTICESHIP STANDARDS
TO: Califomia Department of Industrial Relations
Division of Apprenticeship Standards
P.O. Box 420603
San Francisco Califomia 94142
FROM: AWARDING AGENCY ~ EXTRACT OF
s3o6oo0o PUBLIC WORKS CONTRACT AWARD
City of Cupertino
10300 Torre Avenue
Cupertino. CA 95014
A CONTRACT TO PERFORM PUBLlC WORKS UNDER LABOR CODE SECTION 1777.5 HAS BEEN AWARDED T0:
2 NAME OF GENERAL CONTRACTOR 3. CONTRAC TuR'S LICENSE NO
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4. MAIL ADDRESS (STREET NUMBER OR~aP.O. BOX)
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/`G' 5. CITY '',,~~
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. 6. ZIP CODE 7. TELEPHONE NUMBER
8. ADDRESS OR LOCATION OF PUBLIC WORKS SITE {INCLUDE CITY AND/OR COUNTY)
~~~. ~~~J 5~~~ ~~ G~~~ C~u~
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?, &QNTRACT OR PROJECT NUMBER
~r~ ~r ~ Zt10~ - ~/~ 0. DOLLAR AMOUNT OF CONTRACT AWARD
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11. STARTING DATE (ESTIMATED OR ACTUAL) 12. COMPLETION DATE (ESTIMATED OR ACTUAL)
MONTH DAY YEAR
~yJ~- / /)~ / ~) (}ISE NUMBERS) MONTH DAY YEAR
% l / y [ / ~~ / (USE NUMBERS)
/ L
13. TYPE OF CONSTRUCTION (HIGHWAY, SCHOOL, HOSPITAL, ET1:.) 14•
/" ~~ ~ ~i • ~ yam, ' ~ ~ NEW CONSTRUCTION ~ ALTERATIONS
15. CLASSIFICATION OR TYPE OF WORKER (CARPENTER, PLUMBER, ETC.) THAT WILL BE EMPLOYED BY THE CONTRACTOR(S)
G~-.G'!~ J'' ~ r
is.
Is language included in the Contract Award to effectuatsl' the provision of section ®Yes 0 No
1777.5, as required by the Labor Code? ................................................................
Is language Included in the Contract Award to effectuals the provisions of Section Yes ~ No
1776, as required by the Labor Code? ................................................................
17. GNATURE 1 TI ~dr J'' 19. DATE
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f 21. TELEPHONE NUMBERS
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Dupiiptlon of this form is pe~issible
DAS 13 frev. 5/01)