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1997-0514_CALIF, STATE OF_Contract CONTRACT NUMBER I AMNO. 75V434 TAXPAYERS FEDERAL EMPLOYER CERTIFICATION NUMBEF ENTIRE AGREEMENT IS SET FORTH ON THE FOLLOWING PAGES AMOUNT ENCUMBERED BY THIS PROGRAMICATEGORY(CODE AND TRLE( FUND TITLE Daparbnant of GwwrW 8nvkaa OOCUMENT jinm use clay $ 1,296,000.00 (OPTIONAL USE( ARNM AMOUNT ENCUMBERED FOR 90�/ Q3�J oO THIS CONTRACT 7 $ ITEM/ CHAPTER STATUTE FISCAL YEAR TOTAL AMOUNT ENCUMBERED TO GO'laf-,G 9'2 DATE OBJECT OF EXPENDITURE(CODE AND TITLE) $ / 2 9G V616 , S. 00 03 - I hereby Comfy Upon my own PemonW kmw"e drat AXMVSW hinds T.B.A.NO. B.A.NO. era avaifads Air dre piankd and pupow o!dne sApwnditra�aratad eboYlB. S[WATURE OF ACCIXWTNGOFFICER - DATE - - - - CpRRACTOR p STATEADENCY 0 DB/T.OFOEN.SER. 0 _CONTROLLER ❑__ Sponsor: CITY OF SAN MAN CAPIS Contract No. Page 1 of 16 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" . ARTICLE I-STATEMENT OF WORK SPONSOR will implement a public transportation PROJECT hereinafter referred to as "PROJECT" . The PROJECT will consist of: (See Exhibit "A" ) the construction of a parking deck over the existing parking lot adjacent to the station .. The PROJECT is an intermodal facilities PROJECT located (see Exhibit "B" ) at the San Juan Capistrano Depot, 26701 Verdugo Street in the City of San Juan Capistrano. The Chief of the Stations Branch or another designee of the Chief, Division of Rail, is the Contract Administrator for the STATE. The Director of Engineering and Building Services, City of San Juan Capistrano will be the designated representative for the SPONSOR. SPONSOR 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 (see Exhibit "C" ) . SPONSOR shall furnish State with a final report in three complete copies, within 90 days after " PROJECT completion. The final report shall include, at a minimum, the information contained in Exhibit "F" . 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 any work paid for under this agreement by non-employees of STATE exceeds $5000. ARTICLE II-STATE REQUIRED DOCUMENTS A. SPONSOR shall provide a preliminary set of layout construction plans, approximately at the one-third completion stage for final plans, to allow the STATE to review, comment on, and approve the scope of PROJECT work. The SPONSOR shall also provide a set of final construction plans, specifications, and cost estimates (construction • Sponsor: CITY OF N JUAN CAPISTRANO Contract No. >5V Page 2f 10 documents) for the PROJECT at least 60 days prior to the construction bid advertisement. The STATE will then make a final review of these construction documents to determine the SPONSOR'S compliance with the project's intended scope of work. The STATE will also review to ascertain the general completeness of the construction documents. SPONSOR shall obtain STATE's written approval of the construction documents prior to final payments of fees to any engineering or architectural subcontractors responsible for the construction documents . STATE will review and comment upon materials provided within 30 days of receipt of same. SPONSOR shall also provide STATE with an official transcript of all public hearings concerning this PROJECT within two weeks of any such hearing. B. SPONSOR shall provide a letter of Certification of Compliance that the construction documents conform to Title 24 of the California Code of Regulations "Building Standards" and all applicable local building codes and ordinance. ARTICLE III-PROJECT SCHEDULE SPONSOR shall commence PROJECT within 60 {says after execution of this Agreement and complete the PROJECT on or before 6/30/96 unless extended by mutual agreement of both parties (see Exhibit I'D" ) . ARTICLE IV-AM KABLE COSTS AND PAYMENT A. Allowable costs shall include only those actual costs reasonably necessary to complete the, PROJECT. SPONSOR 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, shall be used to determine the allowability of individual items of costs. The SPONSOR 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. B. STATE shall contribute funds toward the PROJECT in a total amount not to exceed the STATE's maximum obligation hereunder of $1,296,000 (see Exhibit, "E" ) . C. STATE shall pay its share of the PROJECT costs to SPONSOR monthly in arrears upon submission of itemized invoices in triplicate evidencing cost expenditures during that prior Sponsor: CITY OF SAN JUAN CAPIST,0 Contract No... Page 3 of 10 period. D. The STATE will retain ten percent (1.0%) of each progress payment due the Contractor until the STATE has evaluated the Contractor's performance and made a determination that all contract requirements have been satisfactorily fulfilled. E. SPONSOR will send invoices in triplicate to: California Department of Transportation Division of Rail Stations Branch 1801 30th St., East Building Sacramento, CA 95816 Vol ZY 0 too A qW25TVYc _z M R_ Tel s+_ 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 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 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 funding will be terminated by the STATE and the SPONSOR will be required to reimburse the contributions of the STATE. PROJECT funding 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, STATE will fund its proportionate share of allowable costs incurred to the date of termination not to exceed the limits set forth herein. ARTICLE VII -NON-DISCRIMINATION A. During the performance of this contract, 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 or sex. Contractors and subcontractors shall insure that the Sponsor: CITY OF SAN JUAN CAPIST�N Contract No. 7S � �j Page 4 of 10 evaluation and treatment of their employees and applicants for employment are free of such discrimination. Contractors and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12990 et seq. ) and the 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. 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. This contractor shall include the non-discrimination and compliance provisions of this clause in all subcontracts to perform work under this contract. ARTICLE VIII-STATEMENT OF COMPLIANCE The prospective contractor's signature affixed hereon and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the bidder has, unless exempted, complied with the nondiscrimination program requirements of Government . Code Section 12990 and Title 2, California Code of Regulations, Section 8103. ARTICLE I%-PROHIBITED INTERESTS 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 representative 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. ARTICLE %-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 SPONSOR, its agents and Sponsor: CITY OF SAN JUAN CAPISTRANO ContractNo. 75 y3V Page 5 of 10 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 a SPONSOR under this Agreement. ARTICLE %I-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. ARTICLE %II-DEPARTMENT OF GENERAL SERVICES APPROVAL 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. ARTICLE %III-STATE OWNERSHIP, OPERATION OR INTERESTS A. SPONSOR is obligated to continue operation of the PROJECT as an intermodal facility dedicated to the public transportation purposes for which the PROJECT was initially approved and constructed. The intermodal transit facilities constructed or reconstructed on the PROJECT site shall remain dedicated to the public transit users in the same proportion and scope as described in this Contract. B. In the event that the character of use of the intermodal transit facility should ever materially change, for whatever reason, the STATE shall be entitled to a refund of its contribution in the form of cash measured by the proportional value of the STATE's contribution to the PROJECT property as it is then valued based upon an appraisal to be obtained by the STATE. The opinion of the STATE as to whether a material change in use has occurred shall be determinative and binding. Thus, if the STATE has contributed a one-third share toward PROJECT costs as completed, then and in that event, the STATE shall be entitled to a one-third share of the then appraised value of that parcel of property and improvements thereon. C. Should STATE desire to assume an ownership or operator status over this PROJECT facility at any future time, then Sponsor: CITY OF SAN JUAN CAPISTR�N Contract No. Page 6 of 10� the contribution made by STATE hereunder, as well as other public funds allocated by the Annual State Budget Act, the California Transportation Commission, federal funding or other local monies as designated for or dedicated to this public transportation capital improvement, which are incorporated into this PROJECT, shall be considered as a credit toward acquisition or purchase costs to the STATE, by contract or condemnation. The extent of this credit shall be based upon the proportion or percentage that those contributions bear to the total PROJECT costs measured from the date of completion of the PROJECT. Thus, if the total public contribution funding amounts to one-half of the value of the facility, then at the time of purchase or acquisition by the STATE, either by contract or condemnation, the STATE shall be obligated only for the remaining one-half the value of that facility. ARTICLE %IV-RECORDREEPING AND AUDIT A. 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, the Contractor, subcontractors and the State 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, FHWA, or any duly authorized representative of the Federal government shall have access to any books, records, and documents of the Contractor that are pertinent to the contract for audits, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. B. ALL SPONSOR and subcontractor accounting records pertaining to the PROJECT shall be made available for audit by STATE or STATE Auditor General upon request for a period of three years after payment of the final sums due by the STATE under this Agreement. ARTICLE %V - CONTRACT MODIFICATION This Agreement constitutes the entire Agreement between the parties for the work to be performed pursuant to this Agreement. • Sponsor: CITY OF SAN JUAN CAPIS Contract No. T y Page 7 of 10 This Agreement can be modified, altered or revised with the written consent of both parties hereto. ARTICLE XVI - DISPUTES Any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the State's Contract Officer, who may consider any written or verbal evidence submitted by the Contractor. 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 the Contract Officer will excuse the Contractor from full and timely performance in accordance with the terms of the contract. ARTICLE %VII - SUBCONTRACTING In carrying out the work of this Agreement, SPONSOR may enter into contracts with other public agencies or private firms in conformance with 49 CFR, Part 18. However, SPONSOR shall not subcontract any work to be performed under this Agreement without the prior written concurrence of STATE. Allowable subcontracting costs shall be in conformance with procedures set forth in the Contract Cost Principles and Procedures, CRF 48, Federal Acquisition Regulations System, Chapter 1, Part 31, shall be used to determine the allowability of individual items of cost. Any subcontract in excess of a $25,000, as a result of this contract, shall contain all the provisions stipulated in this contract. ARTICLE %VIII - NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code Section 10296, the Contractor hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a Federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a Federal court that orders the Contractor to comply with an order of the National Labor Relations Board. ARTICLE %I% - STATE-FUNDED BUS SERVICE Upon any future request of the State, the SPONSOR will authorize any State-funded bus service to use the facility without any charge to the STATE or its contractors and the SPONSOR will assist the STATE in the placement of signs and informational material designed to alert the public to the availability of the State-funded bus service in accordance with Section 99317 . 10 of the Public Utilities Code. • Sponsor: CITY OASSAN JUAN CAPISTRANO Contract No. Page 8 of 10� ARTICLE %% - EVALUATION OF CONTRACTOR The Contractor's performance, as required by this contract, will be evaluated and reported to the Department of General Services Legal Office. ARTICLE %%I - WOMENS BUSINESS ENTERPRISE (WBE) AND MINORITY BUSINESS ENTERPRISE (MBE) PARTICIPATION The Contractor shall comply with the MBE/WBE requirements, which are attached hereto and made a part of this contract. (See Exhibit G) ARTICLE x%II - NONFUNDING CANCELLATION 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 that initial funding allocations budgeted for this project are not sufficient 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, STATE and Sponsor may exercise their option to terminate this Agreement. B. Should funds not be appropriated by the Legislature for STATE Fiscal Year 1993 (the next fiscal year or years depending upon the length of the contract) , STATE will exercise its option to terminate this Agreement. C. Sponsor concurs and adopts all and any conditions placed upon the availability or use of funds appropriated for this project by the Legislature or the CTC or Sponsor may terminate the agreement in writing within 30 days of receiving notice of conditions or restrictions not already established within their agreement. ARTICLE %%III - COLLECTION OF PAST DUE RECEIVABLES Should Cities or Counties fail to pay monies due the STATE within 30 days 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 and Counties from the Highway Users Tax Fund. ARTICLE %%IV - DISABLED VETERANS The Contractor shall comply with the DVE requirements, which are • Sponsor: CITY OF SAN JUAN CAPISTRAN Contract No. Page 9 of 10,1, � QJ attached hereto and made part of this contract. (See Exhibit G) ARTICLE S%V - CONSTRUCTION PROJECT FUNDING INDENITIFICATION SIGNS Before any major physical construction work is started on this contract, the SPONSOR shall have the Contractor furnish and erect two NSP FS-2 Construction Project Funding Indentification signs at locations jointly designated by the SPONSOR and/or the STATE. The signs shall be of a type and material consistent with the estimated time of completion of the project and shall conform to details shown in Exhibit I. The letters shall be black on white background (non-reflective) . Tne Caltrans logo shall be in color specified in the Exhibit I. Only the information shown on Exhibit I shall be shown on the signs . Signs shall be kept clean and in good repair by the Contractor. Upon completion of the work, the signs shall be removed and disposed of outside the work area. Full compensation for furnishing, erecting, maintaining, and removing and disposing of these signs shall be considered as included in the lump sum price paid for construction area signs and no additional compensation will be allowed therefore. • Sponsor: CITY it SAN JUAN CAPI Contract No. e��y Page 10 of 10 ACCEPTANCE The City of San Juan Capistrano (herein referred to as the "SPONSOR" ) does hereby ratify and adopt all statements, representations, warrants, covenants, and agreements contained in EXHIBITS A, B, C, D, E, F, G, H, I and incorporated materials referenced and does hereby accept all of the terms and conditions thereof . SPONSOR STATE OF CALIFORNIA, ACTING City of San Juan Capistrano BY AND THROUGH THE DEPARTMENT OF TRANSPORTATION BX,4�� By 41, HELY JONES Title Mayor Title HEADOUARTERS CONTRACT OFFIC R Date December 1 . 1992 Date q Ab 3 Sponsor: City of San Juan Capistrano Contract No. 15t/ J!)4 Page 1 of 1 EXHIBIT "A" SCOPE OF WORK The Project includes the design and construction of a single-level parking deck over the existing Capistrano Depot surface parking lot that will add approximately 63 new spaces directly adjacent to the Capistrano Depot for intercity rail passengers. A detailed site survey including boundaries, topography, existing features, and utilities will be prepared along with a geotechnical report describing subsurface conditions and foundation recommendations. The Multi-modal parking deck's design will be as open as possible to enforce a passive security method based on visibility, and it's appearance will reflect that of the existing Depot. The City's Architectural Control process will ensure consistency with Historic Downtown "Mission" area design guidelines, lighting, and landscaping ordinance requirements, and other regulatory review. The State Fire Marshall (per Section 13108 of the Health and Safety Code), The Office of the State Architect, Caltrans, and The City of San Juan Capistrano will review and approve the plans in accordance with the provisions of the contract. The City's engineering staff will inspect, and Caltrans will monitor the construction of the project. Sponsor: Ciiy of San Juan Capistrano Contract No., P age'1 of 1 Exhibit "B" Project Location Map N FAIng Mww. Multi-Modal ICaOubeu Parking u Deck OMEGA NWf M1L'w� .., k. lea D.P.t Rim !li•rmio .vaWs.'fft t Fromta. F � F4se N z 5 J} T YG.M ST w /+'• d �,9 i •` Sponsor: City of SAN JUAN CAPIS�//55;TRAT�i0 r Contract No. 3'-11 Page 1 of 1 Exhibit C OUTLINE OF INFORMATION REQUIREMENTS FOR QUARTERLY REPORTS 1. Task/Subtask - Information should be provided for each of the major tasks or categories of work identified by the contract schedule/work program as follows: A. A statement describing progress made on the task during the quarter. B. An estimate of the percent completion of the task at the end of the quarter. C. Projection of anticipated completion date of the task and any deviations from the contract schedule. D. Description of any products or individual items that have been completed. E. Significant problems encountered or unusual features of the work item. ZI . Overall Project Status - A few statements should be made describing the status of the total project and should include the following: A. Indicate the approximate percent completion for the entire project. B. Describe any significant changes in the total project (these will probably necessitate an amendment to the Agreement) . C. Provide an estimated completion date for the project as a whole and explain any deviation from the agreement schedule. =101 rMT17 rr.r" PRIM Mmr,747=3 OMEN Err"F71"r1m V!r7ffPTrT 0 NEON F=- We= L I K"__WT MIN FFT",w4,,r-,:j UN mmwmm milas T. 7 7,1-1_-j r 1, ��,;j WAf�,jj Irl"M, 077 1=441 F�MM7 Fr"1r_..;"7 Arr=, on Sponsor:City of San Juan Capistrano Contract No. Page 2 of 2 Exhibit "D" PARKING DECK MARCH 1993 PROJECT SCHEDULE SHEET 2OF2 1 9 9 A 9 9 5 ACTIVITY JUL AUG SEPT OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEPT OCT • CC EXECUTES CA-TRANS CONTRACT PRELIMINARY ENGINEERING PREPARE DESIGN RFP RESPONSE PERIOD RFP REVIEW BY CITY STAFF CC AWARDS DESIGN CONTRACT DESIGN CULTURAL HERITAGE COMMISSION TRAFFIC S TRANSPORTATION COMMISSION PLANNING COMMISSION DESIGN REVIEW COMMISSION STATE ARCHITECT RE V IE W SPECIFICATIONS CC APPROVE PA9 B • BID PERIOD PREBID BID 10 CC AWARD CONTRACT 15 MOBILIZATION PARKING DECK CONSTRUCTION LANDSCAPE ESTABLISHMENT CC ACCEPTS PROJECT 19 Sponsor: City of San Juan/C�pi�Ctrano Contract No. ��jj VV `11 Page 1 of 1 EXHIBTr "E" Project Cost Estimate State Local Total Description Dollars Dollars Dollars Administration $40,000 $40,000 R/W $314,000 $314,000 Acquisition Environmental $15,000 $15,000 Preliminary $70,800 $70,800 Design Engineering Design $160,000 $160,000 Construction $1,081,500 $1,081,500 TOTAL $1,296,500 $384,800 $19681,300 Sponsor: CITY OF SAN JUAN CAPISTRANO Contract No. 1-5-V N Page 1 of 1 Exhibit F INFORMATION FOR FINAL REPORT 1. Indicate the modes and carriers which serve the facility. 2 . Indicate the number of scheduled arrivals and departures for each public carrier serving the facility. 3 . Describe how the project facility improves the ease of transfer between modes and carriers. Indicate decreases in transfer times in quantitative form. 4 . Describe how the project facility has increased transportation patronage. Provide quantitative measures for each mode/carrier. Sponsor: City of SAN JUAN CAPISTRANO Contract No. SV Page 1 of 2 Exhibit G MINORITY AND WOMEN BUSINESS PARTICIPATION GOALS AND STATE CONTRACTS Notwithstanding any other provision of law, all contracts awarded by any state agency, department, officer, or other state governmental entity for construction, professional services (except those subject to Chapter 6 (commencing with Section 168550) of Part 3 of Division 4 of Title 2 of the Government Code) , materials, supplies, equipment, alteration, repair or improvement shall have statewide participation goals of not less than 15 percent for minority business enterprises and not less than 5 percent for women business enterprises . These goals apply to the overall dollar amount expended each year by the awarding department, as defined by Section 10115 . 1, pursuant to this article. This article shall not apply to any contract that is subject to Section 10108.5. 10115. 1. As used in this article, the following definitions apply: (a) "Awarding department" means any state agency, department, governmental entity, or other officer or entity empowered by law to enter into contracts on behalf of the State of California. (b) "Contract" includes any agreement or joint development agreement to provide labor, services, material, supplies, or equipment in the performance of a contract, franchise, concession, or lease granted, let, or awarded for and on behalf of the State of California. (c) "Contractor" means any person or persons, firm, partnership, corporation, or combination thereof who submits a bid and enters into a contract with a representative of a state agency, department, governmental entity, or other officer empowered by law to enter into contracts on behalf of the State of California. (d) "Minority" means an ethnic person of color including American Indians, Asians, (including, but not limited to, Chinese, Japanese, Koreans, Pacific Islanders, Samoans, and Southeast Asians) , Blacks, Filipinos, and Hispanics . (e) "Minority business enterprise" means a business concern that is all of the following: Sponsor: City of SAN JUAN CAPIS O Contract No. Page of 2 Exhibit G ( 1) At least 51 percent owned by one or more minorities, or in the case of a publicly owned business, at least 50 percent of the stock of which is owned by one or more minorities . (2) Managed by, and the daily business operations are controlled by, one or more minorities . (3) A domestic corporation with its home office located in the United States, which is not a branch or subsidiary of a foreign corporation, firm, or other business. (f) "Women business enterprise" means a business concern that is all of the following: ( 1) At least 51 percent owned by a woman or, in the case of a publicly owned business, at least 51 percent of the stock of which is owned by one or more women. (2) Managed by, and the daily business operations are controlled by, one or more women. (3) A domestic corporation with its home office located in the United States. (g) "Minority business enterprise" and "women business enterprise" , include an enterprise of which 50 percent is owned and controlled by one or more minorities and the other 50 percent is owned and controlled by one or more women or, in the case of publicly owned business, 50 percent of the stock of which is owned and controlled by one or more minorities and the other 50 percent is owned and controlled by one or more women. Any business enterprise so defined may be counted as either a minority business enterprise or a women business enterprise for purposes of meeting the participation goals, but no one such business enterprise shall be counted as meeting the participation goals in both categories . (h) "Goal" means a numerically expressed objective that awarding departments and contractors are required to make efforts to achieve. SPONSOR: City of SAN JUAN CAPISTANO� Contract No. Page 1 of Exhibit H DISABLED VETERANS Notwithstanding any other provision of law, all contracts awarded by any state agency, department, officer, or other state governmental entity for construction, professional services (except those subject to Chapter 6 (commencing with Section 168550) of Part 3 of Division 4 of Title 2 of the Government Code) , materials, supplies, equipment, alteration, repair, or improvement shall have statewide participation goals of not less than 3 percent for disabled veteran business enterprises (in accordance with the Military and Veterans Code, Section 999 .2) . These goals apply to the overall dollar amount expended each year by the awarding department. This article shall not apply to any contract that is subject to Section 10108 .5 of the Public Contract Code. Disabled Veteran Business Enterprise is a business concern certified by the Department of General Services, Office of Small and Minority Business (OSMB) as all of the following: 1. It is a sole proprietorship at least 51 percent owned by one or more disabled veterans or, in the case of a publically owned business, at least 51 percent of its stock is owned by one or more disabled veterans; a subsidiary which is wholley owned by a parent corporation, but only if at least 51% of the voting stock of the parent corporation is owned by one or more disabled veterans; or a joint venture in which at least 518 of the joint venture's management and control and earnings are held by one or more disabled veterans; 2 . The management and control of the daily business operations are by one or more disabled veterans. The disabled veterans who exercise management and control are not required to be the same disabled veterans as the owners of the business concern; and 3. It is sole proprietorship, corporation, or partnership with its home office located in the foreign corporation, foreign firm, or other foreign-based business. SPONSOR: City of SANJUAN CAPIS Contract No. V Page 1 of 1 Exhibit I CONSTRUCTION SIGNS Colors: C= PMS 326, Turquoise / T= PMS 299, Blue -------------------- This Rail Passenger Station ': Improvement Project : Funded in Part by f o" ears State Highway Account Local Funds STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) 1, CHERYL JOHNSON, 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. 92-12-1-4 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 1st day of December, 1992. (SEAL) Cheryl Johnson,cCity Uerk San Juan Capistrano, California DATED: This 4th day of March, 1993.