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Agreement 04-2958 <br />Project No. 0424000060 <br />Project Development Agreement 2017-02-17/HIA (Created October 5, 2023)10 of 22 <br />PERMITTEE will submit a final Right-of-Way Certification to CALTRANS for approval prior <br />to the advertising the construction contract <br />Physical and legal possession of the right-of-way must be completed prior to advertising the <br />construction contract, unless PARTIES mutually agree to other arrangements in writing. <br />CALTRANS’ acceptance of right-of-way title is subject to review of an Updated Preliminary Title <br />Report provided by PERMITTEE verifying that the title is free of all encumbrances and liens. <br />Upon acceptance, PERMITTEE will provide CALTRANS with a Policy of Title Insurance in <br />CALTRANS’ name. <br />Right-of-way conveyances must be completed prior to WORK completion unless PARTIES <br />mutually agree to other arrangements in writing. <br />CONSTRUCTION <br />As the CONSTRUCTION IMPLEMENTING AGENCY, PERMITTEE is responsible for all <br />CONSTRUCTION WORK except those activities and responsibilities that are assigned to <br />another PARTY and those activities that are excluded under this AGREEMENT. <br />CALTRANS will be responsible for completing the following CONSTRUCTION SUPPORT <br />activities: <br />CALTRANS Work Breakdown Structure Identifier (If Applicable) <br />100.20.10.xx Quality Management <br />PERMITTEE will furnish and deliver to CALTRANS a Payment Bond and a Performance Bond <br />guaranteeing the PROJECT completion. The Payment and Performance Bonds will be in a <br />form acceptable to STATE, issued by an admitted surety, and will name CALTRANS as the <br />obligee. The Payment Bond will conform to requirements of Civil Code, Section 8030. <br />The Payment Bond and the Performance Bond will each be for one hundred percent (100%) of <br />the cost to complete the PROJECT including the costs of PERMITTEE’s administration and <br />contracts. The PARTIES will jointly determine the estimated PROJECT completion costs. In <br />case of a disagreement, CALTRANS’ determination will be final. <br />ATTY/AGR.2024.134/Caltrans and IQHQ (Elco Yards Highway Improvement Agreement)(REV: 08-20-24 VR) (Page 10 of 22) <br />6.K. - Page 22 of 67 <br />406