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