23B - SR55/MACARTHUR BLVD RAMP WIDENING (2)

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District Agreement 12-0624 73. PARTNERS will exchange funds for source inspection cost to be invoiced as estimated cost payment. CALTRANS will invoice SANTA ANA for a lump sum (single payment) of $5,000 30 working days prior to the construction contract bid advertisement date. 74. After PARTNERS agree that all Scope activities are complete, CATRANS will submit a final accounting for all WORK costs. Based on the final accounting, PARTNERS will refund or invoice as necessary in order to satisfy the obligation of this agreement. Cost: CONSTRUCTION Capital 75. The cost of all STATE FURNISHED MATERIAL is a CONSTRUCTION capital cost. PARTNERS will exchange funds for SFM cost to be invoiced as estimated cost payment. CALTRANS will invoice SANTA ANA for the actual cost of any STATE-FURNISHED MATERIAL. 76. After PARTNERS agree that all Scope activities are complete, CALTRANS will submit a final accounting for all WORK costs. Based on the final accounting, PARTNERS will refund or invoice as necessary in order to satisfy the obligation of this agreement. SCHEDULE 77. PARTNERS will manage the schedule for WORK through the work plan included in the PROJECT MANAGEMENT PLAN. GENERAL CONDITIONS 78. This agreement will be understood in accordance with and governed by the Constitution and laws of the State of California. This agreement will be enforceable in the State of California. Any legal action arising from this agreement will be filed and maintained in the Superior Court of Orange County. 79. CALTRANS invoices for support costs including all direct and applicable indirect costs. Applicable indirect costs are determined by the type of funds being used to pay for support. State and federal funds are subject the Program Functional Rate. Local funds (Measure money, developer fees, special assessments, etc.) are subject to the Program Functional Rate and the Administration Rate. CALTRANS establishes the Program PACT Version 9.1 5-28-09 11 of 17 23B-16