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03-110 San Tomas Aquino/Saratoga Creek Trail funding.,~ -- 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 =r~~d~ %~ ~,~~ . ~ ~ ~ 3 4. MAIL ADDRESS (STREET NUMBER OR P.O. BOX) rG' ? ~C~ ~"v~~' ~7~ ~ctn C~f~ ~'~JC~~I 5. CITY !,~ G~~'Sfr~' ~j~ %/~} GA 6. ZIP CODE 7. TELEPHONE NUMBER 8. ADDRESS OR LOCATION OF PUBLIC WORKS SITE (INCLUDE CIlY AND/OR COUNTY) ~~~~~~~1 ~5~~~ ~~ Glr.~c~ Cr~~c~ ~ ~ 9. CONTRACT OR PROJECT NUMBER ~ ~ ~ - ~ 0. DOLLAR AMOUNT OF CONTRACT AWARD ~ ~~~ ®~ 3 ~~ eUr z~a~ ~/~ , 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) ~~~~~~ r 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 L~ 1776, as required by the Labor Code? ............................:..................................... 17. GNATURE 1 TITLE, /~~ yl~a'rJ~•~ 19. .DATE ~~~/~~ an oov.iTCn (~1R'rVDFII N F ~ -- 21 TELEPHONE NUMBERS ,~ , , _. y ; ~ ~ 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 ~ ~3~ =rc~rd~ %~ ~~c . . ~ 4. MAIL ADDRESS (STREET NUMBER OR~aP.O. BOX) ~C~ ~'r'd L7~ Lctn ~~ ~~1~~~ ? /`G' 5. CITY '',,~~ ~~ZSfJ'~ 4~ //~ y ~~ , . 6. ZIP CODE 7. TELEPHONE NUMBER 8. ADDRESS OR LOCATION OF PUBLIC WORKS SITE {INCLUDE CITY AND/OR COUNTY) ~~~. ~~~J 5~~~ ~~ G~~~ C~u~ ~ ~ ?, &QNTRACT OR PROJECT NUMBER ~r~ ~r ~ Zt10~ - ~/~ 0. DOLLAR AMOUNT OF CONTRACT AWARD s ~/l~ O/>~~ 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 .,.+. ~ i cn.no, on_u F ~ f 21. TELEPHONE NUMBERS II ~ ) ' i .~/ ~~ ~~~.r~~~ l~,~~?l~Cl~~ ~ i 7~7 °.~.~ I Dupiiptlon of this form is pe~issible DAS 13 frev. 5/01)