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1996-0126_CALIF, STATE OF_Contract AmdTATE OF CALIFORNIA APP' rED BY THE 17ANDARD AGREE ENT-----ATTohr4EY GENERAL CC ACT NUMBER AM. NO, 75°V434 All 01 TD, 2(REVS-91) TAXPAYERS FEDERAL EMPLOYER IDENTIFICATION NUMBER HIS AGREEMENT, made and entered into this 26th day of January, 1996, 'he State of California, by and between State of California, through its duly elected or appointed, qualified and acting DIRECTOR .. DEPARTMENT OF.TRANSPORTATION , hereafter called the State, and City of San Juan Capistrano hereafter called the Contractor. �ITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulation of the State hereinafter expressed, oes 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, me for performance or completion, and attach plans and specifications, if any.) The parties hereto mutually agree to amend Contract No. 75V434, dated September 15, 1993 as follows. Article III - Project Schedule is amended to read as follows: SPONSOR shall commence PROJECT within 60 days after execution of this Agreement and complete the PROJECT on or before 6130197 unless extended by mutual agreement of both parties (see Exhibit "D"). All other terms and conditions of the original contract shall remain in full force and effect. :ONTINUED ON 0 SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. ha provisions on the reverse side hereof constitute a part of this agreement. V WITNESS WHEREOF, this amement has been executed by the parties hereto, upon the date first above written. STATE OF CALIFORNIA CONTRACTOR --- .GLNCY CONTRACTOR (m oTRER THAN AN D IDIVWVAt„ STATE WHETHER A CORPoRAT1o.N, PARTNERSHIP, ETC DEPARTMENT OF TRANSPORTATION City of San Juan Capistrano Y(4 , Ry%ED SIGNATURE) y BY (AUI-qPRIZED SIGNATURE) -. RLN"TED NA'it'iE OF PERSON S GN NG PRINTED NAIP AND TITLE OF PERSON SIGNING ,larcella Harrison Wyatt Hirt, Mayor 3Ti,E ADDRESS ;ontracts Officer 32400 Paseo Adelanto San Juan Capistrano, CA, 42575 -MOUNT ENCUMBERED BY THIS PROGRAMICATEGORY (CODE AND TCI'LE) FUND TTTLE DEPARTMENT OF GENERAL SERVICES X)CUMENI' TRANSPORTATION State Hwy RIOR AMOUNT ENCUMBERED FOR (OPTIONAL USE) I IIS CONTRACT 1,296,000.00 ITEM CHAPTER I STATUTE FISCAL YEAR 2660_ -042.20. 587 92 92/93 OTAL AMOUNT ENCUMBERED TO OBJECT OF EXPENDITURE (CODE AND TITLE) )ATE 8124193 7049 902037 i 1,296,000.00 hereby certify upon my own personal knowledge that budgeted funds are available for the T. B.A. NO. B.R. NO. )eriod and purpose of the expenditu stated above IGNATU OSA . OUN OFFICER DATE CONTRACTOR ❑ STATE AGENCY ❑ DEPT. OF GEN. SER. ❑ CONTROLLER ❑ STATE OF CALIFORNIA STANDARD AGREEMENT STD. 2(R.EV. 5-51) (REVERSE) 1. The Contractor agrees to indemnify, defend and save harmless the State, its ofkers,=agents, and employees from an and all claimsand losses accruing .or resulting` to any all contractors, subcontractors, materialrnen, laborers and an other person, firm or corporation furnishing or supplying work services, materials or suppliers in connection with th performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm o corporation who may be injured damaged by the Contractor in the performance of this contract. I The Contractor, and the agents and employees of Contractor, in the performance of the agreement, shall act in a 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 shoul Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the even of such terrnination the State may proceed with the =: k in any m2nner deemed proper by the State. the cost to th State shall be deducted from any sum due the Contractor under this agreement, and the balance, if any, shall be pai 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. 6. Time is of the essence in 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. T The consideration to be paid Contractor, as provided herein, shall be in compensation for ail of Contractor's expense:. incurred in the performance .hereof, including travel and per diem, unless otherwise expressly so provided.