TUSTIN, CITY OF (4) -2011 - Laserfiche WebLink

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NOW, THEREFORE, the parties agree as follows: TUSTIN Rights and Duties: TUSTIN shall be the lead agency for the work and shall provide all construction management. TUSTIN shall be solely responsible for the preparation and award of the contract pursuant to public bid requirements for the construction of the PROJECT, including the portion of the PROJECT that is in SANTA ANA. TUSTIN shall be responsible for the preparation of all legal documents, including the Notice Inviting Bids, Instruction to Bidders, and the related construction contract, surety bonds and insurance certificates. TUSTIN shall be solely responsible for the administration and performance of the contract awarded to the contractor for the construction of the PROJECT. 2. Tustin shall pay for all PROJECT design, materials testing, site survey, construction engineering and construction management. 3. TUSTIN shall pay its proportionate share of construction cost, as estimated in Recital G and Exhibit "A" of this Agreement. 4. In the event the sealed bids submitted by the lowest responsive/responsible bidder for the construction of the PROJECT show that SANTA ANA's portion of the PROJECT costs will exceed the estimated cost by ten percent (10%), TUSTIN shall not award such contract and shall not bind SANTA ANA hereunder without the prior written consent of SANTA ANA. 5. TUSTIN shall notify SANTA ANA in writing of any changes, increased costs, and pertinent meetings (i.e., pre-construction, site, and final walk through), associated with TUSTIN's lead agency responsibilities for the PROJECT. 6. Change orders for work within SANTA ANA must receive the written approval of the Executive Director of the Public Works Agency of SANTA ANA prior to implementation, which approval shall not be unreasonably withheld. SANTA ANA shall have a minimum of five (5) working days to review and approve change orders. SANTA ANA shall have inspection authority within SANTA ANA jurisdictional boundaries and shall be notified of the progress of the PROJECT for such purposes. SANTA ANA shall also have the right to enter and inspect within TUSTIN boundaries at all times for the purposes of overseeing TUSTIN lead agency functions. 7. TUSTIN shall have the exclusive right of approval of all plans, specifications and cost estimates prepared by consultants for the portion of the PROJECT within the jurisdictional boundaries of TUSTIN. 8. TUSTIN shall advertise and award the contract for the PROJECT in accordance with federal, state and local laws. 2