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Agreement 04-2958 Project No. 0424000060 Project Development Agreement 2017-02-17/HIA (Created October 5, 2023) 10 of 22 PERMITTEE will submit a final Right-of-Way Certification to CALTRANS for approval prior to the advertising the construction contract 50. Physical and legal possession of the right-of-way must be completed prior to advertising the construction contract, unless PARTIES mutually agree to other arrangements in writing. 51. CALTRANS’ acceptance of right-of-way title is subject to review of an Updated Preliminary Title Report provided by PERMITTEE verifying that the title is free of all encumbrances and liens. Upon acceptance, PERMITTEE will provide CALTRANS with a Policy of Title Insurance in CALTRANS’ name. 52. Right-of-way conveyances must be completed prior to WORK completion unless PARTIES mutually agree to other arrangements in writing. CONSTRUCTION 53. As the CONSTRUCTION IMPLEMENTING AGENCY, PERMITTEE is responsible for all CONSTRUCTION WORK except those activities and responsibilities that are assigned to another PARTY and those activities that are excluded under this AGREEMENT. 54. CALTRANS will be responsible for completing the following CONSTRUCTION SUPPORT activities: CALTRANS Work Breakdown Structure Identifier (If Applicable) 100.20.10.xx Quality Management 55. PERMITTEE will furnish and deliver to CALTRANS a Payment Bond and a Performance Bond guaranteeing the PROJECT completion. The Payment and Performance Bonds will be in a form acceptable to STATE, issued by an admitted surety, and will name CALTRANS as the obligee. The Payment Bond will conform to requirements of Civil Code, Section 8030. The Payment Bond and the Performance Bond will each be for one hundred percent (100%) of the cost to complete the PROJECT including the costs of PERMITTEE’s administration and contracts. The PARTIES will jointly determine the estimated PROJECT completion costs. In case of a disagreement, CALTRANS’ determination will be final.