1981-0102_CALIF DEPT OF TRANSPORTATION_AgreementSTANDARD AGREEMENT — APP o GENERAL •
ST A,L OF,CALIFORNIA
STD. 2 (REV. 11/751
THIS AGREEMENT, made and entered into this -2nd day of January
in the State of California, by and between State of California, through its duly elected or appointed,
qualified and acting
ICER ACTING FOR STATE I AGENCY
Transportation
CONTRACTOR
II❑ STATE AGENCY
❑ DEPT. OF GEN. SER.
❑ CONTROLLER
El
NUMBER
6452C
hereafter rolled the State, and
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:
(Set forth service to be rendered by Contractor. amount to be paid Contractor, time for performance or completion, and attach plans and specifications, if any.)
Exempt from Department of General Services approval in accordance with
SB 620.
The provisions on the reverse side hereof constitute a part of this agreement.
.I_:.. ,. ,,... h. bee o „ro.7 t,., t6R canis, hereto- tmnn the date first above written.
STATE OF CALIFORNIA
CONTRACTOR
AGENCY
CONTRACTOR U. OTrvEa TR Ary 4ry IN VIv1 oV AL, siATE wry ETM cOR VOn ATIon
ARTNERsnl a. ETC.1
Transportation
BY (AUTHORIZED SIGNATUREI
BY (AUTHORIZED SIGNATUREI
P.
,
TITLE
TITLE
Dire
ADDRESS
ICON TINU EO ON—SHEETS, EACH BEARING NAME OF CONTRACTOR)
Deportment of General Services
AMOUNT ENCUMBERED
APPROPRIATION
FUND
Use ONLY
$356,000
Transportation
UNENCUMBERED BALANCE
ITEM fEF/p�'rT,E_R{ /�
////(1e6/((1�� /
STATUTES
FISCAL YEAR
61
1979
1980 81
a INCRFASING ENCUMBRANCE
FUNCTION �}
�\
M
PDQ
6 4 1 1 0
�O
A.I. DECREASING ENCUMBRANCE
LINE ITEM ALLOTMENT
995209
T.B.A. NO.
B.R. ND.
a
I hereby certify upon my own personal hatiWILdge, that budgeted fold
urs0 nvai lahle for the period and purpose n( the expenditure lure stated above.
SIGNATURE OF ACCOUNTING OFFICER
DATIF
P,
I herehy certify that till conditions for .xenlption sat forth in State Administrative, hhmual Ser, tion 1209
Q
have been tied with and this document is exempt from roview by the i epor[mant of Finance.
SIGNATURE OF OFFICER SIGNING ON EHA F OF THE AGENCY
Kith W. SMITH
DATE
20
I. 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 contract shall be valid unless made in writing
and signed by the parties hereto, and no oral understanding or agreement not incorporated herein,
shall 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.
•
THIS AGREEMENT IS HEREBY 14ADE
AND ENTERED INTO THIS DAY
OF Qom, a
AND
•
Contract No.
Page 1 of 10
The City of San Juan Capistrano
hereinafter referred to as
"SPONSOR"
The STATE OF CALIFORNIA, acting
by and through its Department
of Transportation, hereinafter
referred to as "STATE"
1. SPONSOR will implement a public transportation project herein-
after referred to as "PROJECT". The PROJECT will consist of
an intermodal interface facility to be developed on a site
adjoining the San Juan Capistrano AMTRAK station, located on
•the north side of Verdugo Street between the Atchison,
Topeka, and Santa Fe Railroad tracks and Camino Capistrano,
as a regional multi -modal transportation terminal.
The project will consist of the long-term leasing of land,
having an area of approximately 51,000 square feet, and
developing it with improvements including the following: a
1200 square foot passenger pavilion containing an information
center, benches, telephone and trash receptacles; a paved
area to accommodate 56 new automobile parking spaces and
five buses; paved access driveways, lighting, and landscaping
(see Exhibit "A").
2. SPONSOR shall furnish STATE with the executed lease agree-
ment, final detailed plans, specifications, cost estimates,
and environmental documents for the PROJECT as soon as the
documents and plans are completed. STATE will review and
comment upon the materials provided within 60 days of
receipt of same. SPONSOR shall also provide STATE with an
official transcript of all public hearings concerning this
PROJECT within three weeks of any such hearing.
3. SPONSOR shall commence PROJECT within 60 days of execution
of this agreement and complete the PROJECT on or before
�> July 1, 1982 unless extended by mutual agreement of both
parties. However, this agreement shall have no effect
unless the agreement is executed by SPONSOR on or before
January 1, 1981,
i
i
Contract No. �D�i SAID
Page 2 of 10
4. STATE shall contribute funds toward the leasing of the
project site ($200,000), and final design, plans, and
actual construction costs of the project ($156,000) in a
total amount not to exceed the STATE's maximum obligation
hereunder of $356,000. All costs relevant to the under -
grounding of utilities and environmental clearances, shall
be borne solely by SPONSOR without STATE contribution.
STATE shall pay its share of the PROJECT costs to SPONSOR
quarterly in arrears upon submission of itemized invoices
in triplicate evidencing expenditures for the lease and
construction during that prior period. No payment shall
be made by the STATE after June 28, 1984. Final invoice
must be submitted to the STATE by the SPONSOR prior to
April 1, 1984.
STATE shall withhold 10 percent of the total amount in-
voiced by SPONSOR under this agreement as a final payment
which will be made to SPONSOR only upon full completion of
the PROJECT to the satisfaction of the STATE.
5. STATE may terminate the PROJECT upon a finding by the STATE
that the SPONSOR has not carried out the PROJECT or has
otherwise failed to comply with this agreement. Prior to
termination, STATE will provide a Notice of Deficiency. If
not corrected in 30 days, the PROJECT will be terminated by
the STATE and the SPONSOR will be required to reimburse the
contribution of the STATE. PROJECT may also be terminated
if STATE and SPONSOR agree that its continuation would not
produce beneficial results commensurate with the further
expenditure of funds or if there are insufficient funds to
complete the PROJECT. If termination is mutually agreed
upon, STATE will funa its pruportionate share of the
allowable costs incurred to the date of termination nut to
exceea the limits set forth.
6. SPONSOR shall establish and maintain separate accounting
records specified for the fiscal activities of the PROJECT.
SPONSOR's accounting system shall conform to generally
accepted accounting principles and all records shall
provide a breakdown of total costs charged to this PROJECT
including properly executed payrolls, time records, invoices,
and vouchers.
7. Allowable costs shall include only those actual costs
reasonably necessary to complete the PROJECT. SPONSOR
agrees that the cost principles and procedures for deter-
mining allowable costs shall be in conformance with the
procedures set forth in Federal Management Circular 74-4.
Contract No. ley -S �O
Page 3 of 10
8. All accounting records pertaining to the PROJECT shall be
made available for audit by STATE upon request for a
period of four years after payment of the final sums due by
the STATE under this agreement. SPONSOR shall furnish
STATE with quarterly reports on progress of the PROJECT.
The reports, which may be required more frequently at
STATE's option, shall include the PROJECT status, a dis-
cussion of problems encountered and the feasibility of the
PROJECT with respect to continuation and completion.
9. In carrying out the work of this agreement, SPONSOR may
enter into contracts with other public agencies or private
firms. However, SPONSOR shall not subcontract any work to
be performed or enter into a lease under this agreement
without the prior written concurrence of STATE. Allowable
subcontracting costs shall be in conformance with pro-
cedures set forth in Federal Management Circular 74-4 or
the Cost Principles and Procedures Part 1-15.2 of the
Federal Procurement Regulations.
10. The quarterly reports, maps, and other documents prepared
in connection with the PROJECT and funded in whole or in
part by the STATE shall contain a standard notice that the
materials were prepared in part under a grant provided by
the STATE. STATE shall have unrestricted authority to
publish, disclose, distribute, and otherwise use in whole
or in part such documents. In addition, no material pre-
pared in connection with the PROJECT shall be subject to
copyright in the United States or any other country.
11. Any document or written report prepared as a requirement of
this contract shall contain, in a separate section
preceding the main body of the document, the numbers and
dollar amounts of all contracts and subcontracts relating
to the preparation of those documents or reports if the
total cost for work by nonemployees of Caltrans exceeds
$5,000.
12. Neither STATE nor any officer or employee thereof shall be
responsible for any damage or liability occurring by reason
of anything done or omitted to be done by SPONSOR, its
agents and contractors, under, or in connection with any
work, authority, or jurisdiction delegated to SPONSOR under
this agreement. It is also understood and agreed that,
pursuant to Government Code Section 895.4, SPONSOR shall
fully indemnify and hold STATE harmless from any liability
imposed for injury (as defined by Government Code Section
810.8) occurring by reason of anything done or omitted to
be done by SPONSOR under or in connection with any work,
authority, or jurisdiction delegated to SPONSOR under this
agreement.
Contract No. WA -S -AO
Page 4 of 10
13. The Fair Employment Practices Addendum, attached hereto as
Exhibit B, is made a part of this Agreement. Whenever the
word "Contractor" is used therein, it means SPONSOR and
any of its subcontractors.
14. Prohibited Interest: No member, officer or employee of
SPONSOR, during his tenure or for one year thereafter,
shall have any interest, direct or indirect, in this
agreement or the proceeds thereof.
The parties hereto agree that to their knowledge no
Council Member, officer or employee of SPONSOR has any
interest, whether contractual, noncontractual, financial or
otherwise in this transaction, or in the business of the
contracting party other than SPONSOR, and that if any such
interest comes to the knowledge of either party at any time,
a full and complete disclosure of all such information will
be made in writing to the other party or parties, even if
such interest would not be considered a conflict of interest
under Article 4 of Chapter 1 of Division 4 (commencing with
Section 1090) or Division 4.5 (commencing with Section 3600)
of Title 1 of the Government Code of the State of
California.
15. The SPONSOR agrees that the minority business enterprises
shall have the maximum opportunity to participate in the
performance of contracts financed in whole or in part with
funds provided under this agreement. For the purposes of
this provision, minority business enterprises means a
business enterprise that is owned by or controlled by a
socially or economically disadvantaged person or persons.
Such disadvantage may arise from cultural, racial, religion,
sex, national origin, chronic economic circumstances or
background, or other similar cause. Such persons may
include, but are not limited to, blacks not of Hispanic
origin, persons of Hispanic origin, Asians or Pacific
Islanders, American Indians, and Alaskan natives.
16. No construction shall take place until the Department of
General Services has issued written approval stating that
the plans and specifications comply with Chapter 7
(commencing with Section 4450), Division 5 Title 1 of the
Government Code.
17. The STATE shall have access at all reasonable times to the
PROJECT including access to accounting records, change
orders, invoices, and other construction -related documents.
Such right shall not be construed to constitute STATE
approval of any phase of work.
Contract No. le`i-S�u
Page 5 of 10
18. This Agreement constitutes the entire Agreement between
the parties for the work to be performed pursuant to this
Agreement. This Agreement can be modified, altered or
revised with the written consent of both parties hereto.
ACCEPTANCE
Contract No. l,y SAO
Page 6 of 10
The City of San Juan Capistrano (herein referred to as the
"SPONSOR") does hereby ratify and adopt all statements, represen-
tations, warranties, covenants, and agreements contained in
Exhibit A. B, C and D and incorporated materials referred to in
the Offer and does hereby accept said Offer and by such acceptance
agrees to all of the terms and conditions thereof.
APPROVED AS TO
FORM AND PROCEDURE
By 4►�g 0�
(Attorney for SP ' SOR
ATTEST
CITY CUERK
CITY OF SAN JUAN CAPISTRANO
STATE OF CALIFORNIA, ACTING
BY AND THROUGH THE DEPARTMENT
OF TRANSPORTATION
2/10/8
n
By e �'v�� !� By (� y
y i orS' TE KING W. SMITH
DEPARTMENTAL CONTRACT OFFICER
• • EXHIBIT A
r
Contract No. 4V. -S a0
Page 7 of 10
VERDUGO ST.
URESTAURANT
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SHELTER
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PROPOSED
BUS PARKING
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PROPOSED PARKING
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• • Contract No. V* -S2 -O
Page 8 of 10
Exhibit B
FAIR EMPLOYMENT PRACTICES ADDENDUM
1. In the performance of this contract, the Contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, ancestry, sex', age*, national origin, or
physical handicap'. The Contractor will take affirmative action to ensure that applicants arc employed.
and that employees are treated during employment, without regard to their race, color, religion,
ancestry, sex', agc•, national origin, or physical handicap". Such action shall include, but not be limited
to, the following: employment. upgrading, demotion or transfer; recruitment or recruitment'advertising;
layoff or termination: rates of pay or other forms of compensation; and selection for training, includ-
ing apprenticeship. The Contractor shall post in conspicuous places, available to employees and
applicants for employment. notices to be provided by the State setting forth the provisions of this
Fair Employment Practices section. -
2. The Contractor will permit access to his records of employment, employment adcertisemen[s,
application forms, and other pertinent dsta and records by the State Fair Employment Practices
Commission, or any other agency of the State of California designated by the awarding authority,
for the purspo�es of investigation to ascertain compliance wi[h the Fair Employment Practices
see tion of this contract.
Remedies for willful Violation:
(a) 'lnc State m.:y �tcrrnine a Willful violation uf the Fair Employment Practices provision to
hale occur.d up.a: rcccipc cnf a final judgment hating that effect from a court in an action
to %hien Convector was a party, or upon receipt of a written notice from the Fair Employ-
mcnt Practices Cummission that it has investigated and determined that the Contractor has
violated the Fair Employment Practices Act and has issued an order, under Labor Code
Sectionl426,�hichhasbccomefinal,orobtainedaninjunction under Labor Code Section 1429.
(b) For willful violation of this Fair Employment Practices provision, the State shall have the
right to terminate this contract either in chole or in part, and any loss or damage sustained
by the State in securing the goody or services hereunder shall be home and paid for by the
Contractor ..nd by his surety under the performance bond, if any. and the State may deduct
from any moneys duc or chat thereafter may become due to the Contractor, the difference
between the price named in the contract and the actual cost thereof to the State.
*See Labor Code _�ecrion+ 1.411 — 102.5 for further details.
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ss.
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 is a
true and correct copy of Resolution No. 80-12-10-2 , adopted by
the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 10th day of
December 1 , 1980 .
(SEAL)
San JuanCapistrano, California
DATED: This 12thday of December 0 19 80