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<br />City of Santa Ana <br /> <br />Draft Utility Agreements <br /> <br />described in Exhibit "C." Without limiting aCTA's rights under this provision of <br />the agreement, all aCTA or DB Contractor acceptances of plans are solely for <br />the purpose of reviewing consistency and compatibility of the Project with the <br />Highway Improvements. aCTA and DB Contractor do not have and do not <br />undertake any duty to review Project plans for their quality or for the adequacy of <br />the Project for the purposes for which they are intended to be used or for <br />compliance with law or applicable standards. <br /> <br />B. Deviations from the approved plans, initiated by either aCTA or City, shall <br />be agreed upon by both parties and described in a Notice to City of Santa Ana. <br />A Notice to City of Santa Ana, approved by aCTA and acknowledged by City, will <br />constitute an approved revision of the Project plans. Work under such Notice to <br />City of Santa Ana shall not commence prior to receipt by City of the Notice to City <br />of Santa Ana. Changes in the scope of work will require an amendment to this <br />Agreement in addition to a Notice to City of Santa Ana. <br /> <br />III. Performance of the Project <br /> <br />A. aCTA shall obtain all permits and authorizations required for the Project, <br />including any from Caltrans or any affected City, and shall also obtain any rights <br />of entry required for the Project. aCTA shall extend every reasonable effort (at <br />no cost to aCTA other than time expended by employees) to secure such <br />permits and authorizations. <br /> <br />B. The Parties acknowledge that aCTA is pursuing construction of the <br />Highway Improvements by means of a design/build construction contract with the <br />DB Contractor. aCTA's contract with the DB Contractor may have an impact on <br />the Project, including matters relating to scheduling and coordination. The <br />Parties agree: <br /> <br />1. aCTA may delegate to the DB Contractor the duty to perform <br />certain aCTA's obligations under this Agreement and may <br />authorize the DB Contractor to exercise certain rights of aCTA <br />under this Agreement. <br /> <br />2. aCTA agrees to promptly notify City as to the name of the DB <br />Contractor and provide to City all relevant contact information and <br />the obligations and rights that have been delegated to the DB <br />Contractor, once known or determined. <br /> <br />3. City agrees to coordinate its efforts with the DB Contractor and with <br />aCTA, as appropriate, in light of the involvement of the DB <br />Contractor as described in this Paragraph D. The DB Contractor <br />may, if aCTA so requests, by amendment become a party to this <br /> <br />Utility Agreements.doc <br />