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95132 Section D. State Ownership o£ Improvements The State will retain ownership of its trunk highway right-of-way, including any improvements made to such right-of-way pursuant to this Agreement. The warranties and guarantees made by the City's contractor with respect to such improvements (if any) will flow to the State. The City will assist the State, as necessary, to enforce such warranties and guarantees, and to obtain recovery from the City's consultants, and contractor (including its sureties) for non-performance of contract work, for design errors and omissions, and for defects in materials and workmanship. Upon request of the State, the City will undertake such actions as are reasonably necessary to transfer or assign contract rights to the State and to permit subrogation by the State with respect to claims against the City's consultants and contractors. Section E. Contract Award and Construction The City shall receive bids and award a construction contract to the lowest responsible bidder (or best value proposer), subject to concurrence by the State in that award, in accordance with State-approved City plans, specifications and special provisions designated by the City as City Project No. 120135E and by the State as State Projects No. 6280-357 (T.H. 35E=390) and S.A.P. 200-020-008. The contract construction shall be performed in accordance with State-approved City plans, specifications and special provisions that are on file in the office of the City's Engineer, and are incorporated into this Agreement by reference. Section F. Documents to be Furnished to the State The City shall, within 7 days of opening bids for the construction contract; submit to the State's District Engineer at Roseville a copy of the low bid and an abstract of all bids together with the City's request for concurrence by the State in the award of the construction 4