1981-0102_CALIF DEPT OF TRANSPORTATION_AgreementCONTRACT NUMBER AM NO.
75Q749 A2
CONTRACTOFrS FEDERAL I.D. NUMBER
95-6006 666
Sheet 1 of 2
The terms of this agreement are set forth on the following pages.
AMOUNT ENCUMBERED BY THIS
PRT (CODE AN TULL) IIRT�i
DOCUMENT
$ 0
TranGORY ISUNY
sportation
(OPTIONALUSE)
PRIOR AMOUNT ENCUMBERED FOR
THIS CONTRACT
-
ITEM
2660-301-046
CHAPTER
STATUTE
88
FISCAL
88/f
$ 500,000.00
70TAL AMOUNT ENCUMBERED TO
DATE
OBJECT OF EXPENDITURE (CODE AND TITLE)
$ 500,000.00
It 64 -902328-39006-7232
1 hereby certify upon my own personal knowledge that budgeted funds
T.B.A. NO.
B.R. NO.
are available for the period and purpose of the expenditure stated above.
CONTRACTOR
El STATE AGENCY
SIGNATURE OF ACCa
GOFFICER
DATE
/.<
4- /3 ,,,V
II
CONTRACTOR
El STATE AGENCY
DEPT.OF GEN.SER.
CONTROLLER
t of General Services
Use Only
• CoAct No. 75Q749 A2
Sheet 2 of 2
The original contract dated October 1, 1991 and the amendment dated June 30, 1993
is hereby amended this 14th day of March, 1994 as follows:
1. ARTICLE III - PROJECT SCHEDULE shall read as follows:
SAN JUAN CAPISTRANO shall commence the Design Phase of the PROJECT
within 60 days of execution of the Agreement and complete said phase on or
before December 31,.194; unless extended by mutual agreement of both;rate,
0s, .
Ms
Please Utiaal
2. EXHIBIT A - Scope of Work is revised as attached.
ALL OTHER TERMS AND CONDITIONS REMAIN IN FULL FORCE AND EFFECT.
ACCEPTANCE
SAN JUAN CAPISTRANO does hereby ratify and adopt all statements, representations,
warrants, covenants, and agreements contained in EXHIBIT A and incorporated materials
referenced and attached and does hereby accept all of the terms and conditions thereof.
STATE OF CALIFORNIA, ACTING BY
AND THROUGH THE DEPARTMENT
OF TRANSPORTATION
BY
ROBERT K. RUTH
HEADQUARTERS
CONTRACT OFFICER
Exempt from Dept. of
General Services
CITY OF SAN JUAN CAPISTRANO
F31
Collene Campbell
App ved as to Form:
City Attorney '3
Attested By:
�LL.�.�.L '�0 i it/
all
EX►+ietT A
• Contract No. 75Q749 A2
Sheet 1 of 5
SCOPE OF WORK
XHIBIT A - SCOPE OF WORK, is modified to read: The scope of work to
be completed under the provisions of this CONTRACT AMENDMENT are
the following six tasks: Environmental Clearance, Consultant for Right -
of -Way (ROW) Exchange, Project Administration, Utility Relocation
Design and Right -of -Way Acquisition. All costs are to be shared equally
between the CITY and STATE. Each of the tasks are detailed in the
following:
ENVIRONMENTAL CLEARANCE: This contract will provide for the
completion of environmental study and documentation on the Santa Fe
Railway Company's bridge crossing at San Juan Creek, mile post 197.9 to
198.3, between Stations 1370+00 and 1380+00. The environmental
clearance is necessary to construct the bridge, realign track adjacent to San
Juan Creek, and permit future double tracking from this location south to
the Serra Siding
The CITY will administer the environmental clearance. The CITY's
consultant will prepare the necessary environmental documentation and
studies to the standards necessary to meet National Environmental
Protection Act (NEPA) requirements. To accomplish this work the CITY
may expend the total listed in the Scope of Work Funding Summary in this
document. Expenditures greater than those listed in the Scope of Work
Funding Summary will be the responsibility of the CITY unless mutually
agreed upon between the CITY and STATE, and amended by contract.
CONSULTANT FOR RIGHT-OF-WAY EXCHANGE: A key component of
the project is the negotiation of the right -of way exchange among private
property owners, Santa Fe, Orange County Transportation Authority and
the San Juan Capistrano Community Redevelopment Agency. The
exchange of right-of-way must be complete prior to the start of
construction. A qualified right-of-way consultant will negotiate with the
property owners for the property exchanges. This consultant will work
under the direction of CITY Staff. To accomplish this work the CITY may
•Contract No. 75Q749 A2
Scope of Work
Sheet 2 of 5
expend the total listed in the Scope of Work Funding Summary in this
document. Expenditures greater than those listed in the Scope of Work
Funding Summary will be the responsibility of the CITY unless mutually
agreed upon between the CITY and STATE, and amended by contract.
PROJECT ADMINISTRATIVE COSTS: The CITY's actual costs to
administer the project, by directing, coordinating, and monitoring will be
shared equally with the STATE.
The CITY, at its initiation, may use other Staff classifications to accomplish
the work to the total listed in the Scope of Work Funding Summary in this
document. Expenditures greater than those listed in the Scope of Work
Funding Summary will be the responsibility of the CITY unless mutually
agreed upon between the CITY and STATE, and amended by contract.
UTILITY RELOCATION DESIGN: There is a need to fund utility
relocation design for the utilities identified in the Mitigation Program. This
category will allow utilities to prepare their own relocation designs or have
the CITY contract with the designer to accomplish the design. To
accomplish this work the CITY may expend the total listed in the Scope of
Work Funding Summary in this document. Expenditures greater than
those listed in the Scope of Work Funding Summary will be the
responsibility of the CITY unless mutually agreed upon between the CITY
and STATE, and amended by contract.
RIGHT-OF-WAY ACQUISITION: A potential additional task, Right -of -
Way Acquisition may be necessary to complete the design phase of the
project prior to construction. This possible task will require mutual
agreement between the STATE and CITY before commencing and costs are
reimbursed.
E.1(N td I -r A
• Wontract No. 75Q749 A2
Scope of Work
Sheet 3 of 5
Under the terms of a separate agreement for the design of the project titled
"Fourth Amendment to Agreement to Provide for Construction of Track
Realignment and Rail Bridge Construction at San Juan Creek in San Juan
Capistrano, California;" the CITY's Community Redevelopment Agency
agreed to provide the right-of-way for this project. In the event the legal
owner does not agree to a property exchange, the STATE and CITY agree
to negotiate a settlement. This cost would be shared equally between the
STATE and the CITY.
If condemnation proceedings become necessary, the potential for hiring a
consultant attorney and funding CITY Attorney time should be provided.
An estimated cost of $50,000 is included within the funding for ROW
acquisition for hiring an outside attorney to deal with the condemnation
proceedings. A further estimated cost of City Attorney time at $10,000 is
also included within the funding for ROW acquisition. To accomplish this
work the CITY may expend the total listed in the Scope of Work Funding
Summary in this document. Expenditures greater than those listed in the
Scope of Work Funding Summary will be the responsibility of the CITY
unless mutually agreed upon between the CITY and STATE, and amended
by contract.
exwlerr A
• Contract No. 75Q749 A2
Scope of Work
Sheet 4 of 5
SCOPE OF WORK FUNDING SUMMARY: This summarizes the
estimated task costs, all to be shared equally between the STATE and CITY.
Cost savings from a task may be used to compensate another task that is
over budget if mutually agreed upon. The last task is a contingency to fund
unknown additional design costs if mutually agreed upon. The CITYs
invoices will separate costs by task level. The STATE's unexpended balance
of funds from this encumbrance will be applied by change order to the
construction phase of the project.
TASK TOTAL COST
STATE
CITY
Environmental Clearance
$ 25,000.00
$ 12,500.00
$ 12,500.00
Consultant ROW Exchange
62,000.00
31,000.00
31,000.00
Project Administration
50,000.00
25,000.00
25,000.00
Utility Relocation Design
42,000.00
21,000.00
21,000.00
Design Increases:
Project Administration
28,000.00
14,000.00
14,000.00
Preliminary Rail Design
49,000.00
24,500.00
24,500.00
Right of Way Design
292,000.00
146,000.00
146,000.00
Final Rail Design
52,000.00
26,000.00
26,000.00
Subtotal
$ 600,000.00
$300,000.00
$300,000.00
Possible ROW Acquisition
$ 400,000.00
$ 200,000.00
$ 200,000.00
Design Contingency
0.00
0.00
0.00
Totals $1,000,000.00 $ 500,000.00 $ 500,000.00
• E,Cu i e '�' q
4tontract No. 75Q749 A2
Scope of Work
Sheet 5 of 5
DESIGN COMPLETION DATES: The Completion Dates in the following
DESIGN PHASE SCHEDULE are target dates for major design
milestones. They should be considered the latest acceptable dates to the
STATE, unless revisions are mutually agreed upon between the CITY and
STATE. If a Completion Date is in jeopardy of being met, the CITY shall
inform the STATE in writing with an explanation and recommended course
of action, at the earliest possible date.
DESIGN PHASE SCHEDULE
TASK COMPLETION DATE
Design:
Preliminary Plans, Specifications, and Estimates September 10, 1993
Draft, Final P, S, and E May 31, 1994
Final Plans, Specifications, and Estimates June 30, 1994
Right of Way:
Appraisals May 31, 1994
Escrow and Possession September 30, 1994
ROW Certification - September 30, 1994
Permits:
NPDES, Fish and Game, Corps 401, OCEMA May 31, 1994
Project Advertised June 30,1994
0
•
THE TERMS OF THIS AGREEMENT ARE SET FORTH ON THE FOLLOWING PAGES.
$ -a (OPTIONAL USE( V
PRIOR AMOUNT ENCUMBERED FOR
THIS CONTRACT
$ 500,000.00 ITEM CNAPTER
2660-301-046 313
TOTAL AMOUNT ENCUMBERED TO -XPENDITURE (CODE AND TITLE(
DATE
$ 500,000.00 h LIr902328-39006-7232
1 hereby certify Upon my Ow" Pwsonal knowledge that budgeted funds T.BA No.
are available for the period and purpose of the expenditure stated above.
DATE
CONTRACTOR ❑ STATE AGENCY Ej DEPT. OF GEN. SER. [] CONTROLLER 1]
CONTRACT NUMBER AM. NO.
75Q749 1
TAXPAYERS FEDERAL EMPLOYER IDENTIFICATION NUMSE
95-6006-666
Department of Oenersl Services
Use only
0
• Contract No. 75Q749 Al
Sheet 1 of 7
In accordance with Article XIV entitled CONTRACT MODIFICATION, the parties hereto mutually agree to
amend the original agreement dated 1 October 1991 as follows:
ARTICLE III - PROJECT SCHEDULE is modified to read:
SAN JUAN CAPISTRANO shall commence the DESIGN PHASE of the PROJECT within 60 days of
execution of this CONTRACT AMENDMENT and complete said phase on or before 30 June 1994, unless
extended by mutual agreement of both parties.
ARTICLE XXII - NONFUNDING CANCELLATION, is added as follows:
A. This agreement will be of no effect unless and until funds are appropriated by the Legislature, allocated for
this project by the California transportation Commission, and committed to this Agreement by STATE. In the
event initial funding allocations budgeted for this project are insufficient to complete the project within the fiscal
period for which funds are fully committed and the Legislature does not appropriate funds for following fiscal
years which the California transportation Commission allocates to this project, the STATE and CITY may
exercise their option to terminate this Agreement.
B. Should funds not be reappropriated by the Legislature for Fiscal Year 93/94, STATE will exercise its option
to terminate this Agreement.
C. CITY concurs and adopts all and all and any conditions placed upon the availability or use of funds
appropriated for this project by the Legislature or the California Transportation Commission, and may terminate
the agreement in writing within 30 days of receiving notice of conditions or restrictions not already established
within the Agreement.
0
EXHIBIT A - SCOPE OF WORK is modified to read:
• Contract No. 75Q749 Al
Sheet 2 of 7
The scope of work to be completed under the provisions of this CONTRACT AMENDMENT
are the following six tasks: Environmental Clearance, Consultant Expenditures for
Right -of -Way Acquisition, Project Administrative Costs, Utility Relocation Design Cost,
Design Contingency and Right -of -Way Acquisition. All costs are to be shared equally
between the CITY and STATE. Each of the tasks are detailed in the following:
ENVIRONMENTAL CLEARANCE
This contract will provide for the completion of environmental study and documentation on
the Santa Fe Railway Company's bridge crossing at San Juan Creek, mile post 197.9 to
198.3, between Stations 1370+00 and 1380+00. The environmental clearance is necessary
to construct the bridge, realign track adjacent to San Juan Creek, and permit future double -
tracking from this location south to the Serra Siding
The CITY will administer the environmental clearance. The CITY'S consultant will prepare
the necessary environmental documentation and studies to the standards necessary to meet
National Environmental Protection Act (NEPA) requirements. The budget is revised from
$50,000 to $25,000.
CONSULTANT FOR RIGHT-OF-WAY EXCHANGE
A key component of the project is the negotiation of the right-of-way exchange among private
property owners, Santa Fe, and the San Juan Capistrano Community Redevelopment
Agency. The exchange of right-of-way must be complete prior to the start of construction. A
qualified right-of-way consultant will negotiate with the property owners for the property
exchanges. This consultant will work under the direction of CITY Staff. The budget is
revised from $80,000 to $50,000.
• • Contract No. 75Q749 Al
Sheet 3 of 7
PROJECT ADMINISTRATIVE COSTS
The CITYs actual costs to administer the project, by directing, coordinating, and monitoring
will be shared equally with the STATE. Budgeted cost is $40,000.
The CITY, at its initiation, may use other Staff classifications to accomplish the work to the
total of $40,000. Expenditures greater than $40,000 will be the responsibility of the CITY
unless mutually agreed upon between the CITY and STATE, and amended by contract.
UTILITY RELOCATION DESIGN
There is a need to fund utility relocation design for the utilities identified in the Mitigation
Program. The budgeted amount is $45,000. This category will allow utilities to prepare
their own relocation designs or have the CITY contract with the designer to accomplish the
design.
DESIGN CONTINGENCY
The original contract allowed for $450,000 in design contingency. On December 15, 1992,
the CITYS Community Redevelopment Agency took action to authorize the use of $208,059
of this contingency. The original estimated $450,000 should remain available until design is
complete.
RIGHT-OF-WAY ACQUISITION
A potential additional task, Right -of -Way Acquisition may be necessary to complete the
design phase of the project prior to construction. This possible task will require mutual
agreement between the STATE and CITY before commencing and costs are reimbursed.
Under the terms of a separate agreement for the design of the project titled "Fourth
Amendment to Agreement to Provide for Construction of Track Realignment and Rail Bridge
Construction at San Juan Creek in San Juan Capistrano, California", the CITYs Community
9
• Contract No. 75Q749 Al
Sheet 4 of 7
Redevelopment Agency agreed to provide the right-of-way for this project. In the event the
legal owner does not agree to a property exchange, the STATE and CITY agree to negotiate a
settlement. A maximum of $400,000 is available to fund R/W acquisition. This cost
would be shared equally between the STATE and the CITY.
If condemnation proceedings become necessary, the potential for hiring a consultant attorney
and funding CITY Attorney time should be provided. An estimated cost of $50,000 is
included within the $400,000 for R/W acquisition for hiring an outside attorney to deal with
the condemnation proceedings. A further estimated cost of City Attorney time at $10,000 is
also included within the $400,000 for R/W acquisition.
SCOPE OF WORK FUNDING SUMMARY
This summarizes the estimated task costs, all to be shared equally between the STATE and
CITY. One task cost overrun may be compensated by another task's underrun if mutually
agreed upon. The last task is a contingency to fund unknown additional design costs if
mutually agreed upon. The CITY'S invoices will separate costs by task level. The STATE's
unexpended balance of funds from this encumbrance will be applied by change order to the
construction phase of the project.
•
•
Contract
No. 75Q749 Al
Sheet 5 of 7
TASK
TOTAL COST
STATE
CITY
Environmental Clearance
$ 25,000
$ 12,500
$ 12,500
Consultant R/W Exchange
50,000
25,000
25,000
Project Administration
40,000
20,000
20,000
Utility Relocation Design (new)
45,000
22,500
22,500
Design Increases:
Project Administration
61,000
30,500
30,500
Preliminary Rail Design
16,000
8,000
8,000
Right of Way Design
5,000
2,500
2,500
Final Rail Design
---------
127,000
-------
63,500
-------
63,500
-------
Subtotal
$ 369,000
$ 184,500
$ 184,500
Possible Right of Way Acquisition
$ 400,000
$ 200,000
$ 200,000
Design Contingency
231,000
-------
115,500
-------
115,500
-------
Totals
$1,000,000
$ 500,000
$ 500,000
0
• Contract No. 75Q749 Al
Sheet 6 of 7
DESIGN COMPLETION DATES
The "Completion Dates" in the following DESIGN PHASE SCHEDULE are target dates for
major design milestones. They should be considered the latest acceptable dates to the
STATE, unless revisions are mutually agreed upon between the CITY and STATE. If a
Completion Date is in jeopardy of being met, the CITY shall inform the STATE in writing
with an explanation and recommended course of action, at the earliest possible date.
DESIGN PHASE SCHEDULE
TASK COMPLETION DATE
Design:
Preliminary Plans, Specifications, and Estimates
Final P, S, and E Draft
Final Plans, Specifications, and Estimates
Right of Way
Appraisals
Escrow and Possession
R/W Certification
Permits:
NPDES, Fish and Game, Corps 401, OCEMA
Project Advertised
September 10, 1993
December 31, 1993
February 25, 1994
June 4, 1993
October 15, 1993
February 4, 1994
December 31, 1993
March 1, 1994
Contract No. 75Q749 Al
Sheet 7 of 7
ACCEPTANCE
SAN JUAN CAPISTRANO does hereby ratify and adopt all statements, representations,
warrants, covenants, and agreements, contained in this Contract Amendment to Contract
75Q749, and incorporated materials referenced and does hereby accept all of the terms and
conditions thereof.
All other terms and conditions of the original agreement dated 1 October 1991 shall
remain in full force and effect.
STATE OF CALIFORNIA
ACTING BY AND THROUGH THE
DEPARTMENT OF TRANSPORTATION
By i 1
HELY JONtS
HEADQUARTERS CONTRACT OFFICER
Date
CITY OF SAN JUAN TRANO
M$y9T
Date s %rJN'jp- 15,117'7-3
ApQoved as to Fo
4; j K / 11.) 1 � A -
City Attorney (VI liD
Attested by:
Contact No. 75Q749
Sheet 1 of 9
This agreement is hereby made this First day of October, 1991, by and between the
State of California acting by and through its Department of Transportation
hereinafter referred to as "STATE", and the City of San Juan Capistrano hereinafter
referred to as "SAN JUAN CAPISTRANO".
ARTICLE I - STATEMENT OF WORK
SAN JUAN CAPISTRANO will implement an intercity rail passenger improvement
project, hereinafter referred to as 'PROJECT'. A description of the PROJECT
including the PROJECT budget is attached as Exhibit A, and made a part of this
agreement by this reference.
The Chief of the Office of Capital Projects or another designee of the Chief, Division
of Rail, is the Contract Administrator for STATE. The Senior Civil Engineer of SAN
JUAN CAPISTRANO will be the designated representative for SAN JUAN
CAPISTRANO.
SAN JUAN CAPISTRANO shall furnish STATE with quarterly reports on progress
of the PROJECT. The reports shall include the PROJECT status, a discussion of
problems encountered and PROJECT feasibility with respect to continuation and
completion.
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.
ARTICLE II - STATE REQUIRED DOCUMENTS
SAN JUAN CAPISTRANO shall provide STATE with an Environmental Impact
Report (EIR) and Clearance prior to the commencement of construction.
• Con ct No. 75Q749
Sheet 2 of 9
ARTICLE III - PROJECT SCHEDULE
SAN JUAN CAPISTRANO shall commence the environmental study phase of the
PROJECT within 60 days of execution of this Agreement and complete this phase on
or before June 30, 1993 unless extended by mutual agreement of both parties.
ARTICLE IV - ALLOWABLE COSTS AND PAYMENT
A. Allowable costs shall include only those actual costs reasonably necessary to
complete the PROJECT. SAN JUAN CAPISTRANO agrees that the cost principles
and procedures for determining allowable costs shall be in conformance with the
procedures set forth in the Contract Cost Principles and Procedures, CFR 48,
Federal Acquisition Regulations System, Chapter 1, Part 31, which shall be used to
determine the allowability of individual items of cost.
B. SAN JUAN CAPISTRANO also agrees to comply with Federal procedures in
accordance with 49 CFR, Part 18, Uniform Administrative Requirements for
Grants -in -Aid to State and Local Governments.
C. STATE shall contribute funds toward the PROJECT in a total amount not to
exceed STATE's maximum obligation hereunder of $500,000. SAN JUAN
CAPISTRANO shall contribute non -state funds toward the PROJECT in an
amount not less than SAN JUAN CAPISTRANO's maximum obligation
hereunder of $500,000. SAN JUAN CAPISTRANO warrants that non -state funds
have been legally allocated to PROJECT.
D. STATE shall pay its proportionate share of PROJECT costs to SAN JUAN
CAPISTRANO upon receipt of signed itemized invoices in triplicate evidencing
cost expenditures. STATE will pay SAN JUAN CAPISTRANO promptly within
50 days upon receipt of valid invoice. SAN JUAN CAPISTRANO shall pay all
contractors and vendors of goods and services for which reimbursement is
claimed under PROJECT in a timely manner. If there is any dispute that causes
SAN JUAN CAPISTRANO to withhold payment for goods or services billed and
reimbursed by STATE under this agreement, SAN JUAN CAPISTRANO shall
notify STATE immediately in writing of the dispute and supply copies of
• Coact No. 75Q749
Sheet 3 of 9
documents related to the dispute to STATE as they are received by or sent from
SAN JUAN CAPISTRANO.
ARTICLE V - PATENT RIGHTS
The quarterly reports, EIR and other documents prepared in connection with the
PROJECT and funded in whole or in part by STATE shall contain a standard notice
that the materials were prepared in part under a grant provided by STATE. STATE
shall have unrestricted authority to publish, disclose, distribute, and otherwise use in
whole or in part such documents and all supportive data. In addition, no material
prepared in connection with the PROJECT shall be subject to copyright in the United
States or any other country.
ARTICLE VI - TERMINATION OF PROJECT
STATE may terminate the funding for the PROJECT upon a finding by STATE that
SAN JUAN CAPISTRANO has not carried out the PROJECT or has otherwise failed
to comply with this Agreement. Prior to termination, STATE will provide a written
Notice of Deficiency. If not corrected in 30 days or any longer period which may be
mutually agreed upon in writing, the PROJECT funding will be terminated by
STATE and SAN JUAN CAPISTRANO will be required to reimburse STATE, not to
exceed actual payments of estimated costs outlined in Exhibit A, Scope of Work.
PROJECT funding may also be terminated if STATE and SAN JUAN CAPISTRANO
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 fund its
proportionate share of the allowable costs incurred to the date of termination not to
exceed the limits set forth herein.
ARTICLE VII - NONDISCRIMINATION
A. During the performance of this contract, SAN JUAN CAPISTRANO, SAN JUAN
CAPISTRANO's contractor and its subcontractors shall not unlawfully
discriminate against any employee or applicant for employment because of race,
religion, color, national origin, ancestry, physical handicap, medical condition,
marital status, age (over 40) or sex. Contractor and subcontractors shall comply
• Cotet No. 75Q749
Sheet 4 of 9
with the provisions of the Fair Employment and Housing Act (Government
Code, Section 12900 et seq.) and applicable regulations promulgated thereunder
(California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable
regulations of the Fair Employment and Housing Commission implementing
Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of
the California Code of Regulations are incorporated into this contract by reference
and made a part hereof as if set forth in full. SAN JUAN CAPISTRANO'S
contractor and its subcontractors shall give written notice of their obligations
under this clause to labor organizations with which they have a collective
bargaining or other agreement.
B. SAN JUAN CAPISTRANO shall include the nondiscrimination and compliance
provisions of this clause in all contracts and subcontracts to perform work under
this contract.
ARTICLE VIII - MINORITY BUSINESS ENTERPRISE (MBE) , WOMEN BUSINESS
ENTERPRISE (WBE) AND DISABLED VETERANS BUSINESS ENTERPRISE
(DVBE)
Project is for the improvement of railroad -owned facilities by SAN JUAN
CAPISTRANO and as such is in the nature of a subvention for the benefit of
improving public train service, not service directly rendered to the STATE.
Therefore, no goals have been set for this contract.
ARTICLE IX - CONTINGENT FEE
SAN JUAN CAPISTRANO warrants, by execution of this contract, that no person or
selling agency has been employed or retained to solicit or secure this contract upon
an agreement or understanding for a commission, percentage, brokerage, or
contingent fee, excepting bona fide employees or bona fide established commercial or
selling agencies maintained by SAN JUAN CAPISTRANO for the purpose of
securing business. For breach or violation of this warranty, STATE has the right to
annul this contract without liability, pay only for the value of the work actually
performed, or in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such commission, percentage, brokerage, or
contingent fee.
• Contract No. 75Q749
Sheet 5 of 9
ARTICLE X - PROHIBITED INTERESTS
No member, officer or employee of SAN JUAN CAPISTRANO, 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
representative officer or employee of SAN JUAN CAPISTRANO has any interest,
whether contractual, noncontractual, financial or otherwise in this transaction, or in
the business of the contracting party other than SAN JUAN CAPISTRANO, 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.
ARTICLE XI - HOLD HARMLESS
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
SAN JUAN CAPISTRANO, its agents and contractors, under, or in connection with
any work, authority, or jurisdiction delegated to SAN JUAN CAPISTRANO under
this Agreement. It is also understood and agreed that, pursuant to Government
Code Section 895.4, SAN JUAN CAPISTRANO 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
SAN JUAN CAPISTRANO under or in connection with any work, authority, or
jurisdiction delegated to SAN JUAN CAPISTRANO under this Agreement.
ARTICLE XII - INSPECTION OF WORK
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. 75Q749
Sheet 6 of 9
ARTICLE XIII - RECORD KEEPING AND AUDIT
For the purpose of determining compliance with Public Contract Code 10115, et seq.,
Sections 999 et seq. of the Military and Veterans Code and Title 2, California Code of
Regulations, Section 1896.60 et seq., when applicable, and other matters connected with the
performance of the contract pursuant to Government Code 10532, SAN JUAN
CAPISTRANO, its Contractor and all subcontractors shall maintain all books, documents,
papers, accounting records, and other evidence pertaining to the performance of the
contract, including but not limited to, the costs of administering the contract. All parties
shall make such materials available at their respective offices at all reasonable times
during the contract period for three years from the date of final payment under the
contract. The STATE, the State Auditor General, or any duly authorized representative of
the State government shall have access to any books, records, and documents of SAN
JUAN CAPISTRANO that are pertinent to the contract for audits, examinations, excerpts,
and transactions, and copies thereof shall be furnished if requested.
ARTICLE XIV - CONTRACT MODIFICATION
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 only with the written consent of both parties hereto.
ARTICLE XV - DISPUTES
Any dispute concerning a question of fact arising under this Agreement which is not
disposed of by agreement shall be decided by STATE's Contract Officer, who may
consider any written or verbal evidence submitted by SAN JUAN CAPISTRANO.
The decision of the Contract Officer, issued in writing, shall be conclusive and
binding on both parties to the contract on all questions of fact considered and
determined by the Contract Officer.
Neither the pendency of a dispute nor its consideration by STATE's Contract Officer
will excuse SAN JUAN CAPISTRANO from full and timely performance in
accordance with the terms of the contract.
• Contract No. 75Q749
Sheet 7 of 9
ARTICLE XVI - SUBCONTRACTING
A. In carrying out the work of this Agreement, SAN JUAN CAPISTRANO may
enter into contracts with other public agencies or private firms in conformance
with 49 CFR, Part 18, Uniform Administrative Requirements for Grants-in-aid to
State and Local Government. However, SAN JUAN CAPISTRANO shall not
subcontract any work to be performed under this Agreement without the prior
written concurrence of STATE which shall not be unreasonably withheld.
Allowable subcontracting costs shall be in conformance with procedures set forth
in the Contract Cost Principles and Procedures, CFR 48, Federal Acquisition
Regulations System, Chapter 1, Part 31, shall be used to determine the allowability
of individual items of cost.
B. Any subcontract in excess of $25,000, as a result of this Agreement, shall contain
all the provisions stipulated in this Agreement.
ARTICLE XVII - EVALUATION OF SAN JUAN CAPISTRANO
SAN JUAN CAPISTRANO'S performance, as required by this Agreement, will be
evaluated and reported to the Department of General Services.
ARTICLE XVIII - STATEMENT OF COMPLIANCE
SAN JUAN CAPISTRANO'S signature affixed hereon and dated shall constitute a
certification under penalty of perjury under the laws of the State of California that
SAN JUAN CAPISTRANO has, unless exempted, complied with the
nondiscrimination program requirements of Government Code Section 12990 and
Title 2, California Code of Regulations, Section 8103.
ARTICLE XIX - CITIES/COUNTIES
Should Cities or counties fail to pay monies due the State within 30 day of demand
or within such other period as may be agreed between the parties hereto, State,
acting through the State Controller, may withhold an equal amount from future
apportionments due Cities or Counties from the Highway Users Tax Fund.
Contract No. 75Q749
Sheet 8 of 9
ARTICLE XX - CORRESPONDENCE AND BILLING ADDRESSES
All PROJECT billings as well as any other correspondence related to PROJECT shall
be sent via first class mail or courier to the following addresses:
If to STATE:
If to SAN JUAN CAPISTRANO:
Caltrans
Chief, Office of Capital Projects
Attn: Ken Galt, Track Branch
P.O. Box 942874
Sacramento, CA 94274-0001
City of San Juan Capistrano
Senior Civil Engineer
Attn: Brian Perry
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Contract No. 75Q749
Sheet 9 of 9
ACCEPTANCE
SAN JUAN CAPISTRANO does hereby ratify and adopt all statements,
representations, warrants, covenants, and agreements contained in EXHIBIT A and
incorporated materials referenced and does hereby accept all of the terms and
conditions thereof.
STATE OF CALIFORNIA,
ACTING BY AND THROUGH THE
DEPARTMENT OF TRANSPORTATION
By—A-4-1— jX-6 vt` ------
ROBERT R. DENNIS
DEPARTMENTAL CONTRACT OFFM
Date __ ��
CITY OF SAN JUAN CAPISTRANO
By
Mayor
Date J40,4,
ppr a as
City Attorney
sted by:
L� -----
City Clerk
Contract No. �1 SGS 7 `1 i
Exhibit A
SCOPE OF WORK
The scope of work to be completed under the provisions of this agreement
are the following three tasks: Environmental Clearance, Consultant Expenditures
for Right of Way Acquisition, and Project Administrative Costs. A potential
additional task is Right of Way Acquisition. Each of the tasks are detailed in the
following.
ENVIRONMENTAL CLEARANCE
This contract will provide for the completion of environmental study and
documentation on the Santa Fe Railway Company's bridge crossing at San Juan
Creek, mile post 197.9 to 198.3, between stations 1370+00 and 1380+00. The
environmental clearance is necessary to construct the bridge, realign track adjacent
to San Juan Creek, and permit future double -tracking from this location south to
the Serra Siding.
The City of San Juan Capistrano will administer the environmental
clearance and obtain an environmental consultant. The consultant will prepare the
necessary environmental documentation and studies to the standards necessary to
meet National Environmental Protection Act (NEPA) requirements. Project costs
will be shared equally between the State and the City. Estimated environmental
clearance costs to hire a consultant are $50,000. Costs to the City to administer
this environmental consulting contract are in addition to this amount and are
discussed under the task "City Administrative Costs".
• • Contract No. iSQ?`E 9
CONSULTANT FOR RIGHT OF WAY EXCHANGE neer Z of
A key component of the project is the negotiation of the right of way
exchange among private property owners, Santa Fe, and the San Juan Capistrano
Community Redevelopment Agency. The exchange of right of way must be
complete prior to the start of construction. A qualified right of way consultant
will be hired to negotiate with the property owners for the property exchanges.
This consultant will work under the direction of City staff. Estimated consultant
costs are $80,000, to be shared equally between the State and City. City staff
costs are detailed in the "Project Administrative Costs" task.
PROJECT ADMINISTRATIVE COSTS
The City's actual costs to administer the project, by directing,
coordinating, and monitoring will be shared equally with the State. The following
are the estimated administrative costs. Expenditures greater than $25,000 will be
the responsibility of the City, unless mutually agreed upon between the City and
State. The cost estimate is detailed by staff classification, salary, estimated hours,
and totals.
Classification Sala1y $ Hours Totals
Senior Civil Engineer $61.50 145 $8,859.50
Senior Planner 52.87 75 3,965.25
City Engineer 70.87 36 2,551.32
Senior Management Asst. 45.55 16 728.80
Director Bldg & Engrg. 75.87 96 7,283.52
Total Administrative Costs $ 23,358.39
Contingency 1,641.61
Total $25,000.00
• • Cortrect No. �__
Sheets ofd
A potential additional task, Right of Way Acquisition may be neces
complete the design phase of the project prior to construction. This possible task
will require mutual agreement between the State and City before commencing and
costs are reimbursed.
RIGHT OF WAY ACQUISITION
Under the terms of a separate agreement for the design of the project titled
"Fourth Amendment to Agreement to Provide for Construction of Track
Realignment and Rail Bridge Construction at San Juan Creek in San Juan
Capistrano, California", the City's Community Redevelopment Agency agreed to
provide the right of way for this project. In the event the Santa Fe Railway
Company does not agree to a property exchange, the State and City agree to
negotiate the additional monetary reimbursement. A maximum of $400,000 is
available to fund R/W acquisition. This cost would be shared equally between the
State and the City.
" Contract No. S 7 `, 7
Sheet of _`L
SCOPE OF WORK FUNDING SUMMARY
This summarizes the estimated task costs, all to be shared equally between the State
and City. One task cost overrun may be compensated by another task's underrun if mutually
agreed upon. The last task is a contingency to fund unknown additional design costs if
mutually agreed upon. The City's invoices will separate costs by task level. The State's
unexpended balance of funds from this encumbrance will be applied by change order to the
construction phase of the project.
TASK TOTAL COST STATE CITY
Environmental Clearance $ 50,000 $ 25,000 $ 25,000
Consultant R/W Exchange 80,000 40,000 40,000
Project Administration 25,000 12,500 12,500
Possible R/W Acquisition 400,000 200,000 200,000 -
Total Task Costs: $550,000 $275,000 $275,000
Design Contingency 450,000 225,000 225,000
TOTAL AMOUNT $1,000,000 $500,000 $500,000
1
AMOUNT ENCUMBERED BY THIS
PROGRAMICATEGORY(CODE AND RTL.
DOCUMENT
$ 500,000.00
Transportation
(OPTIONAL USE)
PRIOR AMOUNT ENCUMBERED FOR
THIS CONTRACT
REM CHAPTER
2660--'01-0 6 1
$ O
TOTAL AMOUNT ENCUMBERED TO
OBJECT OF EXIPENDITURE (CODE AND -TLE)
DATE
$ 500,000.00
64264-902328-39006-7232
I hereby certify upon my own personal knowledge net budgeted funds
T.BA. NO.
are available for Me pend and purpose of Me szoenditure stated above.
❑ CONTRACTOR ❑ STATE AGENCY 11 DEPT.OFGEN.SER. 7 CONTROLLER
0
CONTRACTNUMBER AM. NO.
75Q749
CONTRACTORS FEDERAL I.D. NUMBER
95--Go66- 66c
t of General Services
Use Only
Exempt from Dept. of
General Servide