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1983-0616_CALIF DEPT OF TRANSPORTATION_Amd #3STAN'10> *PD AGREEMENT.— erP�Y �ENE{RAL • STATF OF CALIFORNIA 51jX 2 (REV. II/75) THIS AGREEMENT, made and entered into this —l.0—day of June 19 a3.__, i* State of California, by and between State of California, through its duly elected or appointed, q fled and acting ❑ CONTRACTOR ❑ 57ATE AGENCY ❑ DEPT. OF GEN. SER. ❑ CONTROLLER TITLE OF OFFICER ACTING FOR STATEep I AGDENCV NUMB6452ER artment of Transportation 0 Director hereafter called the State, and Amendment #3 City of San Juan Capistrano hereafter called the Contractor. WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State hereinafter expressed, does hereby agree to furnish to the State services and materials, as follows: fSet forth service to he rendered by Contractor, amount to be. paid Contractor, time for performance or completion, and ntai ch plans and specifications, if any.) It is mutually agreed between the Department of Transportation and the Contractor, City of San Juan Capistrano, that Standard Agreement No. 64520, dated January 2, 1981, as amended on April 20, 1982 and October 18, 1982, is hereby amended to read as follows: 1. The first sentence of Item #3 on page 1 of the Agreement is amended to read: "SPONSOR shall commence PROJECT within 60 days of execution of this agreement and complete the PROJECT on or before December 31, 1983 unless extended by mutual agreement of both parties," 2. Page 5 is replaced with a new page titled "Schedule for Continuing Work Program" and identified as "EXHIBIT D (Revised 3/31/83)." AIR other terms and conditions shall remain as stipulated in the original agreement, dated January 2, 1981, and amendments thereto. Approved as to Worw The provisions on the reverse side hereof constitute a part of this agreement. IN WITNESS WHEREOF, this agreement has been executed by the parties beret STATE OF CALIFORNIA Department of Transportation BY (AUTHORIZED SIGNATURE) P. TITLE KING W. SMITH DEPARTMENTAL CONTRACT 01 (CONTINUED ON —SHEETS. EACH BEARING NAME OF CONTRA( Department of General Services Use ONLY 10 • �yQA?r��'�j, co`9! 00 Off, OUNT ENCUMBERED CONTRACTOR CONTRACTOR OF OTHER THAN AN INOIV DQAL, STATE WHETHER A CORPORATION BY (AU TITL ATU REI ADDRESS 624010 Fa San Juan APPROPRIATION UNENCUMBEWED BALANCE ITEM CHAPTER 71(c) (2)(F) 161 AOJ. INS ASIVG ENOU.ORANCE FUNCTION 64110 ADJ. OECREASNO ENCUMBRANCE LINE ITEM ALLOTMENT 995209 —/" I hereby certify upon my own personal knowledge that budgeted ore available. for the period find purpose of the expenditure stated a SIGNATURE OF ACCOUNTING OFFICER t hereby certify that all conditions for have been complied with and this it SIGM/Aj ,�U%%RJ�E �OF OFFICER SIGIKItNGN\BI sG�-4 1L.RKJ DEPAa-A, Clerk ano, CA 92675 FUN STATUTES FISCAL YEAR 1979 1982/83 T.B.A. NO. I B. R. NO. Nn set forth in Stute Administrative Manual Section 1209 is exempt from review by the Department of Finance. H DATE L CONTRACT OFFICER 1. The Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, materialmen, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Contractor in the performance of this contract. 2. The Contractor, and the agents and employees of Contractor, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of State of California. 3. The State may terminate this agreement and be relieved of the payment of any consideration to Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. The cost to the State shall be deducted from any sum due the Contractor under this agreement, and the balance, if any, shall be paid the Contractor upon demand. 4. Without the written consent of the State, this agreement is not assignable by Contractor either in whole or in part. 5. Time is the essence of this agreement. 6. No alteration or variation of the terms of this contr;iet shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein, sh;dl be binding on any of the parties hereto. 7. The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided. E 0 • ri 6 < H ti F C W O F a a ax oe ^ 02 (� M \ E o Q� �HF< t eGO O H H z C. p h c U F P O U O. m •�I 7 c � C J T c N 4 G a c m U L O U C V Y� C. N � r! 7 .y c. O. L 1 ir a V O � b E H N C o b p•.Oi a y G > ¢ o o C C u bJ w W p H •" o m W W W N ' u Eavc.0 [ou¢m W W> O V OV V 'S Mu u O W 00 C U 2 p d C N 'b0 tbi t• C W �' G W¢ W 4! m C.0 N 7� u d o. O N •G 4 O H N Ml? IIS RECD. MAy 1 203 MASS IRA14, • • • SAN JU PHON1 1]F 926]5 6-1 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY CLERK'S CERTIFICATION CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, do hereby certify that the attached instrument was duly approved at a Regular Meeting of the City Council of the City of San Juan Capistrano held on May 3, 1983. Dated: May 4, 1983 City Clerk Mary Ann er, City of S n Juan Capistrano