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City of Santa Ana <br />Agreement Number CCL-5063-206 <br />AMS ADV ID: 1222000096 <br />Page 11 of 19 <br />24. Adjudication of Facts in Disputes <br />a. Any dispute concerning a question of fact arising under this RGA that is not disposed of <br />by agreement shall be decided by the CALTRANS Contract Officer, who may consider <br />any written or verbal evidence submitted by AGENCY. The CALTRANS Contract Officer <br />shall issue a written decision within 30 days of receipt of the dispute. If AGENCY rejects <br />the decision of the CALTRANS Contract Officer, AGENCY can pursue any and all <br />remedies authorized by law. Neither party waives any rights to pursue remedies <br />authorized by law. <br />b. Neither the pendency of a dispute nor its consideration by CALTRANS Contract Officer <br />will excuse AGENCY from full and timely performance in accordance with the terms of <br />this RGA. <br />25. INTENTIONALLY DELETED <br />26. Third -Party Contracts <br />a. AGENCY shall perform the work contemplated with resources available within its own <br />organization and no portion of the work shall be contracted to a third party without prior <br />written authorization by the CALTRANS Contract Manager unless expressly included <br />(subrecipient identified) in Attachment III as Project Work. <br />b. All State -government -funded procurements must be conducted using a fair and competitive <br />procurement process. AGENCY may use its own procurement procedures as long as the <br />procedures comply with the local AGENCY's laws, rules, and ordinances governing <br />procurement and all applicable provisions of State law, including, without limitation, the <br />requirement that the AGENCY endeavor to obtain at least three (3) competitive bids for <br />solicitation of goods, services, and consulting services (see Part 2, Chapter 2, Articles 3 <br />and 4 of the Public Contract Code); a qualifications -based solicitation process, for which <br />statements of qualifications are obtained from at least three (3) qualified firms for <br />architecture and engineering services (see Title 1, Division 5, Chapter 10 of the <br />Government Code); and, the applicable provisions of the State Contracting Manual (SCM), <br />Chapter 5, which are not inconsistent with this Item 23, Third Party Contracts. The SCM <br />can be found and the following link: httos://www.dgs.ca.gov/OLS/Resources/Paae- <br />Content/Office-of-Legal-Services-Resources-List-Folder/State-Contracting. <br />c. Any contract entered into as a result of this RGA shall contain all the provisions stipulated in <br />this RGA to be applicable to AGENCY's sub -recipients, contractors, and subcontractors. <br />Copies of all agreements with sub -recipients, contractors, and subcontractors, must be <br />submitted to the CALTRANS Contract Manager. <br />d. CALTRANS does not have a contractual relationship with the AGENCY's subrecipients, <br />contractors, or subcontractors, and the AGENCY shall be fully responsible for all work <br />performed by its subrecipients, contractors, or subcontractors. <br />e. Prior authorization in writing by the CALTRANS Contract Manager shall be required before <br />AGENCY enters into any non -budgeted sub -agreement. AGENCY shall provide an <br />evaluation of the necessity or desirability of incurring such costs. AGENCY shall retain all <br />receipts for such purchases or services and shall submit them with invoices per Section III — <br />Payment and Invoicing, Item 14(e)(4), above. <br />