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District Agreement 12-0624 <br />44. Each partner accepts responsibility to complete the activities that they selected on the <br />SCOPE SUMMARY. Activities marked with "N/A" on the SCOPE SUMMARY are not <br />included in the scope of this agreement. <br />Scope: CONSTRUCTION <br />45. SANTA ANA will advertise, open bids, award, and approve the construction contract in <br />accordance with the Public Contract Code and the California Labor Code. <br />SANTA ANA will not advertise the construction contract until CALTRANS completes <br />or accepts the final plans, specifications, and estimate package; CALTRANS approves <br />the Right of Way Certification; and FUNDING PARTNERS fully fund WORK. <br />By accepting responsibility to advertise and award the construction contract, SANTA <br />ANA also accepts responsibility to administer the construction contract. <br />46. SANTA ANA will provide a RESIDENT ENGINEER and construction support staff who <br />are independent of the design engineering company and construction contractor. <br />47. PARTNERS will implement changes to the construction contract through contract change <br />orders (CCOs). PARTNERS will review and concur on all CCOs over $50,000. All CCOs <br />affecting public safety or the preservation of property, all design and specification <br />changes, and all major changes as defined in the CALTRANS Construction Manual will <br />be approved by CALTRANS in advance of the CCO work to be performed. <br />48. If the lowest responsible construction contract bid (plus estimated contingencies, <br />supplemental costs and State Furnished Material costs) is equal to or less than the amount <br />shown on the FUNDING SUMMARY for CONSTRUCTION Capital, the <br />IMPLEMENTING AGENCY may award the contract. If the lowest responsible <br />construction contract bid is greater than the amount shown on the FUNDING SUMMARY <br />for CONSTRUCTION Capital, all PARTNERS must be involved in determining how to <br />proceed. If PARTNERS do not agree in writing on a course of action within 15 working <br />days, this agreement will terminate. <br />49. SANTA ANA will require the construction contractor to furnish payment and performance <br />bonds naming SANTA ANA as obligee and to carry liability insurance in accordance with <br />CALTRANS specifications. <br />50. SANTA ANA will submit a written request to CALTRANS for any SFM identified in the <br />PROJECT PS&E package a minimum of 45 days prior to the bid advertisement date for <br />PROJECT construction contract. SANTA ANA will submit a written request to <br />CALTRANS for any additional SFM deemed necessary during PROJECT construction. <br />PACT Version 9.1 5-28-09 8 of 17 <br />23B-13