Loading...
1992-1210_CALIF DEPT OF TRANSPORTATION_AgreementI III STATE OF CALIFORNIA -STANDARD AGREEMENT— APPROVED BY THE ATTORNEY GENERAL CONTRACT NUMBER AMNO. STD.2 (REVS -91) ATTORNEY Ail TAXPAYERS FEDERAL EMPLOYER IDENTIFICATION NUMBER S AGREEMENT, made and enteredintothis loth dayof December 1992 9s* -6006666 e State of California, by and between State of California, through its duly elected or appointed, qualified and acting TITLE OF OFFICER ACTING FOR STATE I AGENCY Director Dept. of Transportation hereafter called 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.) Standard Agreement No. 75T003 between the City of San Juan Capistrano and the State of California, entered into on the 15th day of June , 1992 is amended as follows: Article IV - Allowable Costs and Payment B. STATE shall contribute funds toward the PROJECT in a total amount not to exceed the STATE's maximum obligations hereunder of $460,000 (See Exhibit "E"). A revered Exhibit "A" is also attached. All other terms and conditions remain as stipulated. u CONTINUED ON SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. The provisions on the reverse side hereof constitute a part of this agreement IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date fust above written. STATE OF CALIFORNIA CONTRACTOR AGENCY CONTRACTOR (If oMerthan m ineWidua4 state whether a corporation, partnership, eto,) Department of Transportation City of San Juan Capistrano BY (AUT SIGN RE) BY( AUT ED SIGN D�' PRINTffD NAME OF PERSON SIGNING AEANwrrrLL& FW§OR SIGfrFNG xGil Jones, Mayor TITLE ADDRESS x32400 Paseo Adelanto, San Juan Capistrano, CA AMOUNT ENCUMBERED BY THIS DOCUMENT Q `P 185,000 PROGRAMICATEGORY (CODE AND TITLE) Transportation FUND TITLE PEAF Department of General Services use only (OPTIONAL USE) s9 7s i o0 3 PRIOR AMOUNT ENCUMBERED FOR THIS CONTRACT ITEM CHAPTER /S/O STXTUT Q FISCAL YEAR 4— W 275, 000 TOTAL AMOUNT ENCUMBERED TO DATE AJ�60,000 �B PENDITURE(CODE AND TITLE) 5-994424 - 7049 IWraby certify upon my own personal knowledge that budgeted funds T.B.A. NO. are available for the period and purpose of the expenditure stated above. SIG RE OF ACCOUNTIN OFFICER D DA ZL 3 CONTRACTOR ❑ STATE AGENCY DEPT.OFGEN.SER. El CONTROLLER STANDARD AGREEMENT" s.Tbo(in €ra emiragrees toAdenindy del ondoonions aharrnksat^e`tBate,ifs-,if"r4agentsand empklyees front an'3 and .1I cdwans and Mows acaaing in rrsntiing to gay and all cant tvar NubcczatraLvor., raaaatata'ia�xnetar lefsorea c and an: udrurg,rson, furn or ca rparal4aA 3`ur'ni+Et':rg ra eup' af;rt r„ Morksrr ins, naat2rzzd:,oasrr.hl>desinr.anerii:-.;,P,Pathapi lornivin,v offbinrontroaquv3dWon any and Aciuimsand %sc-s acciving oa r ouliing to an) j"nsrro, it ru in, rurpoa sails` n ttto vnq he injured or daartaged by the Wr anoor in Ism perfornuil-.r. of ifats conga. 3:Eat (Nm ulwk-, and we agents and w ph, or, of on .,frtretar, in olis. in I Furna i_., of sh-.,grreraaco"" .act in an inJul endues raparitr and nw tart ,23 <� re ;u , plv3we is r' ;,d;rflis oa '•:isle fe' f sails -nee, 3. The kf.rte*.nay hwuai- ,heMina£;t errmY end be rjo,A fLi, y nwnuxonywo, a,,na<uaa: to teahoverr. ;tnalct unnik a or .nil to (Rife•.} fie CwTseaiso K. Ohl w;aai ne" m r�,;t On ,�:id in ;.he anc:r.nor is Cin prui ided. A Int sev! of mach I :nnn„ t'„ni in; S Sir nw, rro,twe f lisit i -, sa-cirk in ae,: rnsmInste ,fa,a;..t,ri Iiruyb tar bw Un Fhe con In 14, 001 shall he rled wed franc ..,-,y. Quill & e Ens Cor: r a ser ins -ler GIis, a„ rnn ent, and To Asinine, if a, r > ,ail fie I ;i,t tirt r, I on of : 0 • Sponsor: City of San Juan Capistrano • Contract No. 75T003 Page 1 of 1 Exhibit "A" CONSTRUCTION The proposed project includes construction of a 300' south platform and rehabilitation of existing north platform and a 150' extension for a total platform of 680 feet. The South Platform consists of construction of a 300', 8" top -of -rail, platform and related passenger amenities directly south of the existing platform. The southern platform will tie into an adjacent intercity parking structure built by a private developer. The Redevelopment Agency leases and maintains 131 spaces in the structure for passenger parking. The platform will provide direct access for the handicapped from the parking structure to the platform and will provide needed space to accommodate large tourist and rail passenger groups which characterize the majority of the ridership to and from this station. The platform will be approximately 40' wide and 300' long and include two covered passenger waiting areas; a brick building containing men's and women's restrooms, locker facilities, and a storage area; and an optional information kiosk. The design of the restroom building and covered waiting areas is taken from the existing Depot and Franciscan Plaza. • The North Platform project is the rehabilitation of the existing platform to 8" top -of -rail and extending it north by 150'. Phase I and Phase II improvements would provide a total platform length of 680' bringing the station closer to the state and Amtrak standards. These improvements, south and north platforms, would allow safe movements for passengers and Amtrak personnel, and would also significantly reduce the time for stops at the San Juan Capistrano station. 1] Sponsor: City of San Juan Capistrano Contract No. 75TO03 Page 1 of 1 Exhibit "E" PROJECT COST ESTIMATES LOCAL DESCRIPTION TCI GRANT Construction of North Platform $185,000 Construction of South Platform $275,000 Construction Management $8,000 $460,000 $8,000 Total Estimated Costs = $460,000 ,STATE OF. CALIFORNIA—BUSINESS, TRANSPORTATION D HOUSING AGENCY PETE WILSON, Gowrnor DEPARTMENT OF TRANSPORTATION DIVISION OF 4DMINISTRATIVE SERVICES 1120 N STREET P.O. Box'942873 Sdcramenlo, CA 94273-0001 (916) 653-0145 TDD (916) 445-5945 February 17, 1993 CONTRACT NO. 75TO03 A/1 GIL JONES, MAYOR CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 A fully executed copy of the above referenced contract is enclosed for your files. Please be sure to include the contract number listed above on all correspondence and invoices to ensure prompt service and payment. Please contact the designated contract administrator regarding work/service under this contract. Enclosure Sincerely, HELY JONES Headquarters Contract Officer By FOR ROBERT PHILLIPPI Asst. Headquarters Contract Officer �� ® 1993 -�J[A(4DAFiU AUKLLIVILN IORNEY GENERAL gun IHA�. NQMUCM AM, No. 30.'1 (REV. 4-9,!31 75TO03 COR. CONTRACTOR FEDERAL I.U. NUMBER "HM2 ON IS AGREEENT, made and entered into this 15th day of June , 19 , f -4""G O ol �o G Ti the State of California, by and between State of California, through its duly elected or appointed, qualified and acting FOR STATE Direc called the State, and City of San Juan Capistrano , hereafter called the Contractor. ,VITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State hereinafter expressed, foes 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.) Entire agreement and execution is set forth on attached pages. :ONTINUED ON SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. The provisions on the reverse side hereof constitute a pan of this agreement N WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written. STATE OF CALIFORNIA CONTRACTOR AGENCY CONTRACTOR (Ifo twthan an individual. staN wholiw a mmwatlon, pannenh' .) 3Y (AUTHORIZED SIGNATURE) > BY (AUTHORIZED SIGNATURE) > PRINTED NAME OF PER ING PRINTED NAME AND TITLE O ON SIGNING ADD ZUNT ENCUMBERED BY THIS OCUMENT $ 275,000 PROGRAM/CATEGORY (CODE AND TITLE) FUND TITLE Department of General Services Use only EXEMPT FROM DEPARTMENT OF GENERAL SERVICES APPROVA& (OPTIONAL SE) RIOR AMOUNT ENCUMBERED FOR HIS CONTRACT $ ITEM 2660-101-046 CHAPTER 118 STATUTE 91 FISCAL YEAR 91-92 OTAL AMOUNT ENCUMBERED TO 'ATE $ 275,000 OBJECT OF EXPENDITURE (CODE AND TITLE) 1175275 - 902638 - 7049 1 hereby cenfly upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure stated above. T.B.A. NO. R. NO. G R ACCOUNTINGOFFICEfl V 1 17 CONTRACTOR ❑ STATE AGENCY El DEPT.OFGEN.SER. CONTROLLEP 90 5666) from anv and ail ctaomro and :oStcs ttccruia.v 1 . _..,..tint; eo an} at:d .til user, auurs, snt;aauttract�n's, naateri:crimen.;a;a>rtr=Ott=.sa=.tz:tl�t-rr>t,r�-,n.firm orrnrporntkrnfurn?',;-I!�.,r tiptt;rin+,�seris<t:rvices, mat.erialsorsuy�p�ias in con ee cs+ .a �t.a ttersiarc:r;nc_ .. > t a ao1 ...,,., 'n any and tit Claims and io_,ses acct a7k;; or r exulting to any ;arson, firm ur corporation who may he ipjt3red or damaged by the Contractor in the peri2u•mance of :his k entract. 7 "he Cofar.icwr, and ti.; I• t nb, and tmpaoy-ees of Contractor, in the per#b- maser :.i . he agreement, shall -=cs. in xn radeint as of cars or�.�mpiocees ur t-.�nfs C. �: ,�f Caiiferaia. 3.: he jlate mar terminate this agreement and be relieved of the parmeat of any consideration to Cuntractor 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 vvith the eeork in any manner deemed Proper by the State. The cost to the State shall be deducted from any sum (lite the Contractor under this agreeatent. nand 'fie balance, ifany, shall be paid the Contractor upon demand. -t' Without the written consent of the State, this agreement is not assignable by Contractor either in whole or in part. _. "rime is of the essence in this agreement. G. to alteration or variation of the terms of this contract shall be valid unless made in writing and signed be the -ariks hereto. and no orni understanding or agreement notincorporated herein, Shall be binding on atty utthe ptartics hereto. ; ite ectssiuerstion to i;e Haid Contractor as prorided herein, shall tte in compensation for all of Contractors expenses incurren in the performance hereof, including ira%ci :md per diem. unless othervvi*e espreAv sit prorided. Sponsor: CITY OF�� JUAN CAPISTRANO Se -Tact No. 75TO03 Page 1 of 9 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 300' long, 90' wide, and 8" top of rail railroad platform connecting to an existing parking structure. 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 of PROJECT completion. The final report shall include, at a minimum, the information contained in Exhibit "Fn 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 Sponsor: CITY OFSJUAN CAPISTRANO • C&ract No. 75TO03 Page 2 of 9 plans, specifications, and cost estimates (construction 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 days of execution of this Agreement and complete the PROJECT on or before 6/30/96 unless extended by mutual agreement of both parties (see Exhibit "D"). ARTICLE IV -ALLOWABLE 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, CER 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 $275,000 (see Exhibit "E"). C. STATE shall pay its share of the PROJECT costs to SPONSOR monthly in arrears upon submission of itemized invoices in • Sponsor: CITY OFJUAN CAPISTRANO tract No. 75TO03 Page 3 of 9 triplicate evidencing cost expenditures during that prior period. D. The STATE will retain ten percent (10%) 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. ARTICLE V -PATENT RIGHTS 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 (over 90) or sex. Contractors and subcontractors shall insure that the 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 12900 et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The Sponsor: CITY OFJUAN CAPISTRANO • Wract No. 75TO03 Page 4 of 9 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 Governments Code Section 12990 and Title 2, California Code of Regulations, Section 8103. ARTICLE IX -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 X -HOLD HARMIMSS 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 • Sponsor: CITY OFSS�� JUAN CAPISTRANO (,��,ract No. 75TO03 Page 5 of 9 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 XI -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 XII -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 XIII -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 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 • Sponsor: CITY OF S. JUAN CAPISTRANO Contract No. 75TO03 Page 6 of 9 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 then value of that facility. ARTICLE XIV-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 XV - 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 with the written consent of both parties hereto. ARTICLE XVI - DISPUTES Any dispute concerning a question of fact arising under this Sponsor: CITY OFJUAN CAPISTRANO . Wract No. 75TO03 Page 7 of 9 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 XVII - SUBCONTRACTING In carrying out the work of this Agreement, SPONSOR may enter into contracts with other public agencies or private firms in conformance with 99 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 98, 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 XVIII - 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 XIX - 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. ARTICLE XX - 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. • Sponsor: CITY OFJUAN CAPISTRANO ACdlftract No. 75T003 Page 8 of 9 ARTICLE XXI - DISADVANTAGED BUSINESS ENTERPRISE (DBE) The Contractor shall comply with the DBE requirements, which are attached hereto and made a part of this contract. (See Exhibit G) ARTICLE XXII - 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 1992 (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 XXIII - 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 XXIV - DISABLED VETERANS The Contractor shall comply with the DVE requirements, which are attached hereto and made part of this contract. (See Exhibit . Sponsor: CITY OFJUAN CAPISTRANO Aract No. 75TO03 Page 9 of 9 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 By 400�vv y G n ROBERT R. DENNIS TitleDEPARTKNTAI CONTRACT OFFICER Title Mayor Date Date June 2, 1992 Sponsor: City of San Juan Capistrano Contract No. 75TO03 Page 1 of 1 Exhibit "A" CONSTRUCTION The proposed project includes two phases. Phase I is the construction of a 300', 8" top -of -rail, platform and related passenger amenities directly south of the existing platform. The southern platform will tie into an adjacent intercity parking structure built by a private developer. The Redevelopment Agency leases and maintains 131 spaces in the structure for passenger parking. The platform will provide direct access for the handicapped from the parking structure to the platform and will provide needed space to accommodate large tourist and rail passenger groups which characterize the majority of the ridership to and from this station. The platform will be approximately 40' wide and 300' long and include two covered passenger waiting areas; a brick building containing men's and women's restrooms, locker facilities, and a storage area; and an optional information kiosk. The design of the restroom building and covered waiting areas is taken from the existing Depot and Franciscan Plaza. Phase II of the project is the rehabilitation of the existing platform to 8" top -of -rail and extending it north by 150'. Phase I and Phase II improvements would provide a total platform length of 680' bringing the station closer to the state and Amtrak standards. These improvements would also significantly reduce the time for stops at the San Juan Capistrano station. Sponsor: City of San Juan Capistrano Contract No. 75TO03 Page 1 of 1 Exhibit 'B" PROJECT LOCATION CITY OF SAN JUAN CAPIST - �wutaw Northwo = � ■ Platfofm CI Depot PonFiwr ORTEGA HWY EXttting Piadf" Dqpot gut H Fremdum Platform A Ponfbq Pkw Cdrep L I VICINITY MAP E/ Pevw YORBA ST J W Z -j LU Sponsor: City of SAN JUAN CAPISTRANO Contract No. 75TO03 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. II. Overall Proiect 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. • o k w 0 3 - C N CL j U c C cul N C a i _) O O J a z° foo CN a o as x U) U a w Y V O " W L Q I- W e O w � � O Cc 9 g x 0 a V V 2 6 � W V W 2 Z u W 6 V � a < 0 0 Sponsor: City of San Juan Capistrano Contract No. 75TO03 Page 1 of 1 Exhibit "E" PROJECT COST ESTIMATES DESCRIPTION TCI GRANT LOCAL Construction Construction Management $275,000 $8,000 $275,000 $8,000 Total Estimated Costs = $275,000 • Sponsor: CITY OF +I JUAN CAPISTRANO Contract No. 75T003 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 S JUAN CAPSSTRANO Contract No. 75TO03 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 16850) 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: (1) At least 51 percent owned by a woman or, in the case of 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. • AN Sponsor: City of JUAN CAPISTRANO Contract No. 75T003 Page 2 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 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 SA JUAN CAPISTANO Contract No. 75T003 Page 1 of 1 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. 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. RESOLUTION NO. 92-6-2-5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE CONTRACT WITH THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION OF A RAILROAD PLATFORM IN SAN JUAN CAPISTRANO WHEREAS, the City of San Juan Capistrano applied, through the Fiscal Year 1991-92 Transit Capital Improvement Application Process, for $275,000 in funding to construct a railroad platform; and, WHEREAS, the City of San Juan Capistrano received approval of their Fiscal Year 1991-92 Transit Capital Improvement Application and funding authorization by the California Transportation Commission; and, WHEREAS, the City of San Juan Capistrano has completed the design of the railroad platform; and, WHEREAS, the City of San Juan Capistrano has reviewed the State of California Department of Transportation contract for the funding of the railroad platform. NOW, THEREFORE, BE fT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby approve the contract with the State of California Department of Transportation and does authorize the Director of Engineering and Building Services to receive the funds and proceed with the implementation of the project. PASSED, APPROVED, AND ADOPTED this Of June , 1992. ATTEST: -1- 2nd day •- 0 —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 foregoing is a true and correct copy of Resolution No. 9 2 - 6 - 2 - 5 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 2nd day of June , 1992, by the following vote: AYES: Councilmen Friess, Hausdorfer and Harris NOES: None ABSTAIN: None ABSENT: Councilman Vasquez and Mayor Jones (SEAL) -2- 9 June 8, 1992 Mr. Larry Layne Department of Transportation District 12 2561 Pullman Street Santa Ana, California 92705 NWO • �� � mlpvr�ecrto 1776 MEMBERS OF THE CITY COUNCIL JERRY HARRIS KENNETH E FRIESS GARY HAUSOORFER GIL JONES JEFF VASQUEZ CITY MANAGER STEPHEN B JULIAN Re: Construction of Railroad Platform in San Juan Capistrano - Contract No.75T003 Dear Mr. Layne: At their regular meeting held June 2, 1992, the City Council of the City of San Juan Capistrano adopted Resolution No. 92-6-2-5, which approved the contract for construction of the railroad platform at the San Juan Capistrano Depot, 26701 Verdugo Street. A certified copy of Resolution No. 92-6-2-5 is enclosed for your files. Also enclosed are three copies of the contract signed by Mayor Jones. I would appreciate receiving a copy of the contract in this office when it has been signed by the State. I had a question about the contract. It would appear that on Page 8 the Exhibit letter is missing referencing Disabled Veterans and I also found no reference to Exhibit "I", except on the Acceptance Page, Page 9. I know from looking at the Exhibits that the Disabled Veterans exhibit is labeled "Exhibit H" and it is my understanding that the City's resolution is to become an exhibit to the contract; perhaps that is Exhibit I. Are my assumptions correct or is there additional information missing? Very truly yours, Cheryl John�son City Clerk Enclosure cc: Cassandra Walker (with copy of contract) 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO, CALIFORNIA 92675 0 (714) 493-1171 M N RESOLUTION NO 92-6-2-4. APPROVAL OF TENTATIVE TRACT MAP 14379 (WITTENBERG-LIVINGSTON, INC.) - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 14379, A 24 -LOT SUBDIVISION OF A 35.5 - ACRE PARCEL LOCATED AT THE NORTHERN TERMINUS OF ALIPAZ STREET (WITTENBERG-LIVINGSTON, INC.) The motion carried by the following vote: AYES: Councilmen Friess, Hausdorfer, Vasquez, and Mayor Jones NOES: None ABSENT: Councilman Harris Councilman Harris returned to the Council Chamber. RECESS AND RECONVENE Council recessed at 10:05 p.m. to convene the San Juan Capistrano Community Redevelopment Agency, and reconvened at 10:06 p.m. ADMINISTRATIVE ITEMS CITY MANAGER 1. CONTRACT WITH DEPARTMENT OF TRANSPORTATION FOR RAILROAD / PLATFORM LOCATED AT 26701 VERDUGO STREET (STATE OF CALIFORNIA 600.50 Councilman Vasquez and Mayor Jones left the Council Chamber due to a conflict of interest. Written Communication: Report dated June 2, 1992, from the Community Development Manager, reporting that the preliminary funding authorization process and separate review process of the City's administra- tive and management ability to implement the contract was completed with CALTRANS. Staff recommended that the contract with CALTRANS be approved for $275,000 in funds for the construction of the railroad platform. Approval of Contract: It was moved by Councilman Harris, seconded by Councilman Hausdorfer, that the following Resolution be adopted approv- ing the contract with CALTRANS providing funds in the amount of $275,000 for the construction of the railroad platform: -16- 6/2/92 I N M RESOLUTION NO. 92-6-2-5, APPROVING CONTRACT FOR CONSTRUCTION OF A RAILROAD PLATFORM IN SAN JUAN CAPISTRANO - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE CONTRACT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION OF A RAILROAD PLATFORM IN SAN JUAN CAPISTRANO The motion carried by the following vote: AYES: Councilmen Friess, Harris, and Hausdorfer NOES: None ABSENT: Councilman Vasquez and Mayor Jones The Mayor and City Clerk were authorized to execute the contract on behalf of the City. Councilman Vasquez and Mayor Jones returned to the Council Chamber. CITY CLERK The following item was considered in conjunction with a related item on the Community Redevelopment Agency Agenda. LOCAL AGENCY BIENNIAL REPORT - APPROVAL OF AMENDMENTS TO CONFLICT OF INTEREST CODE AND AMENDMENT TO COUNCIL POLICY ON CONSULTANT SELECTION GUIDELINES (640.40) Written Communication: Report dated June 2, 1992, from the City Clerk, advising that the Conflict of Interest Code had been reviewed in compliance with Government Code Section 87306.5 and recommending that Appendix A be amended to include all City commissions and committees, all management employees and consultants, as reuqired by State law. The report noted that the Council has discretion to require whomever they wish to file statements. The report further recommended that Appendix B be amended to include the disclosure of business positions, as required by State law. Mr. Julian explained that members of committees such as the Los Rios Review Committee which requires that members to be property owners or residents in the Los Rios District, and the Historic Town Center Committee would not be disqualified from voting but would be required to make disclosure for public information purposes only. -17- 6/2/92 0 0 AGENDA ITEM TO: Stephen B. Julian, City Manager FROM: Cassandra Walker, Community Development Manager SUBJECT: CALTRANS Contract for the Railroad Platform RECOMMENDATION June 2, 1992 By motion, approve the attached resolution and execute the contract with CALTRANS for the railroad platform. SITUATION A. Summary and Recommendation - In December 1990, the City of San Juan Capistrano submitted a FY91-92 Transit Capital Improvement (TCI) Project application to CALTRANS for funding of a railroad platform at the San Juan Capistrano Depot. This application was approved by CALTRANS and the California Transportation Commission in May 1991 and secured in the State Budget in July 1991. Since that time, the City has been diligently working with CALTRANS to complete the necessary paperwork leading to the execution of a contract for the $275,000 to construct the railroad platform. This work included a funding authorization process and a separate review process of the City's administrative and management ability to implement the contract. The contract was then developed by CALTRANS and reviewed by City Legal Counsel. We are pleased to recommend that the City Council approve the attached resolution and execute the contract for the railroad platform. B. Background - In July 1991, the City's TCI Application for $275,000 in funding for construction of the railroad platform project was approved by the State Legislature and included in the FY91-92 budget. Since that time City staff has been working with CALTRANS towards the execution of a contract for the funding. In February 1991, concurrent with that process, the Redevelopment Agency approved the contract for the design of the railroad platform. In 1987, the Redevelopment Agency entered into an Owner Participation Agreement with Franciscan Plaza Investment Group which provided the majority of the funding for the design of the railroad platform. Over the last year, City staff worked with Blair Ballard Architects to design the railroad platform. The design of the platform was then taken through the City's review process and approved by the Design Review Commission in June 1991. FOR CITY COUNCIL AGEND . (; / 0 0 Agenda Item -2- June 2, 1992 The platform will connect to the back of the Franciscan Plaza Parking structure. The platform will be 300 feet long and 40 feet wide. It will include two covered waiting areas, a restroom and storage facility, a ticket kiosk, densely landscaped planter areas, and the reconstruction of a historic wall found on the site during construction of the parking structure. The style of the platform is reminiscent of the Depot and Los Rios neighborhood. In addition to the design and contract processes, staff worked with Amtrak and AT&SF to secure the property for the railroad platform. The property, which is owned by AT&SF, had to be leased to Amtrak to facilitate the construction of the project. Additionally, the railroad platform plans had to be approved by both Amtrak and AT&SF railroads. These approvals were obtained and Amtrak has entered into a lease agreement for the property. The City will be entering into an entry agreement with Amtrak to allow us access to the site for construction of the platform. Once the attached contract is executed by the City and CALTRANS, staff will forward the plans and specifications to the Office of the State Architect for approval of the handicap portions of the platform. This is necessary because of the State funding associated with the project. We expect this to take no more than two weeks. We anticipate returning to Council for approval of the plans and specifications and authorization to go to bid within the next six weeks. PUBLIC NOTIFICATION Paul Farber Blair Ballard Architects OTHER BOARDSICOMMISSIONS Los Rios Review Committee received a copy of this report. FINANCIAL CONSIDERATION This contract provides for $275,000 in funding from CALTRANS for the construction of the railroad platform. An additional, $8,000 will be proposed in the Capital Improvement Program portion of FY92-93 budget to provide for any necessary administrative and other technical costs associated with the project that will not be funded by CALTRANS. • • Agenda Item -3- June 2, 1992 ALTERNATE ACTIONS 1. Approve the attached resolution and execute the contract with CALTRANS for the railroad platform. 2. Direct staff to bring back additional information. RECOMMENDATION By motion, approve the attached resolution and execute the contract with CALTRANS for the railroad platform. Respectfully submitted, Cassandra L. Walker Community Development Manager CLW:rmb attach t RESOLUTION NO. 92-6-2-5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, APPROVING THE CONTRACT WITH THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION OF A RAILROAD PLATFORM IN SAN JUAN CAPISTRANO WHEREAS, the City of San Juan Capistrano applied, through the Fiscal Year 1991-92 Transit Capital Improvement Application Process, for $275,000 in funding to construct a railroad platform; and, WHEREAS, the City of San Juan Year 1991-92 Transit Capital Improvement California Transportation Commission; and, Capistrano received approval of their Fiscal Application and funding authorization by the WHEREAS, the City of San Juan Capistrano has completed the design of the railroad platform; and, WHEREAS, the City of San Juan Capistrano has reviewed the State of California Department of Transportation contract for the funding of the railroad platform. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Juan Capistrano does hereby approve the contract with the State of California Department of Transportation and does authorize the Director of Engineering and Building Services to receive the funds and proceed with the implementation of the project. PASSED, APPROVED, AND ADOPTED this 2nd day of June , 1992. MAYOR— ATTEST: ATTEST: i o j' NATE OF CALIFORNIA— = r COUNTY OF ORANGE > ss CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 9 2 - 6 - 2 - 5 adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting thereof held on the 2nd day of June , 1992, by the following vote: AYES: Councilmen Friess, 1-lausdorfer and Harris Nom: None ABSTAIN: None ABSENT: Councilman Vasquez and Mayor Jones (SEAL) -2-