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ATTY/AGR/2016.206/JPB – CALTRAIN ELECTRIFICATION   <br />REV: 07‐26‐16 VR  <br />Page 3 of 14  <br />J. The City desires to cooperate with the JPB to facilitate the design and <br />construction of the Project. The JPB and the City desire to memorialize the interagency <br />cooperation and consultation between the Parties in this Agreement. <br />K. The Parties acknowledge that the Project is funded in part with funds made <br />available by the Federal Transit Administration. Accordingly, this Agreement and the <br />obligations imposed on the Parties hereby shall be interpreted in a manner consistent with both <br />Federal and State laws and regulations. <br />L. The locations of certain elements of the Project may require the use of certain <br />City streets for hauling operations and staging of construction during construction of the Project. <br />M. The JPB and the City acknowledge that it will be necessary to develop procedures <br />to ensure careful and continued cooperation between the Parties, including the following: (1) <br />procedures to promote cooperation during the design and construction process; (2) procedures to <br />avoid all unnecessary delays to either the contracting, design or construction process; and <br />(3) procedures for inspecting the construction, relocation, and replacement, as necessary, of City <br />Improvements. <br />N. The Parties recognize and agree that this Agreement may not reasonably <br />anticipate all aspects of the Project and changes thereto which may occur due to unforeseen <br />circumstances. Accordingly, the Parties acknowledge their respective obligations to act <br />reasonably and in good faith and to modify the terms hereof when necessary to accomplish their <br />mutual goals. <br />SECTION 1: AFFIRMATION OF RECITALS AND OPERATIVE DATE <br />The JPB and the City affirm that the above recitals are true and correct. <br /> <br />SECTION 2: DEFINITIONS <br /> <br />The following definitions relate to such terms found in the entire Agreement, including, without <br />limitation, all Exhibits hereto. <br /> <br />A. “City” means the City of Redwood City, its officers, employees, agents, <br />consultants and contractors. <br />B. “City Improvements” means City streets (including curbs, gutters and <br />sidewalks), traffic control devices, storm drains, sanitary sewers, water lines, hydrants, <br />electroliers, landscaping, irrigation systems, and all other public facilities and appurtenances. <br />C. “Contract Documents” means the executed Design-Build Contract, Contract <br />Change Orders and additional documents incorporated by express reference into the Contract. <br />D. “JPB” means the Peninsula Corridor Joint Powers Board, its employees, agents, <br />consultants, and contractors. <br />6.1.A. - Page 6