Agmt17 Peninsula Corridor Joint Powers Board aka Railroad

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E. The parties now desire to set forth herein their understandings and agreements relating to construction and maintenance of the Project and Improvements. NOW, THEREFORE, in consideration of the foregoing, the parties agree as follows: 1. Costs. JPB shall furnish, or cause to be furnished, at its sole cost and expense, all labor, materials, tools, and equipment needed to complete the Improvements, including all costs for the design, construction, construction management and indirect costs incurred. Provided, however, City shall bear its own costs related to the time that its staff or consultants spend on design review, inspections of Improvements in the City's right-of-way and coordination effort relevant to the Project. City shall waive all permit or other fees for this Project. City shall be responsible for the cost of any additional work requested by the City. 2. Construction Standards/Desian. JPB shall design and construct the Project. The design and construction of the Improvements shall conform to JPB Standards of September 30, 2011 or the latest adopted standard at the time of design. The design and construction of Improvements in the City's right-of-way shall conform to the most recent applicable City standards and specifications. If no City or County standards and specifications exist for particular Improvement items, they shall be designed to applicable Caltrans standards; or, if no Caltrans standards apply, to such reasonable standards as JPB shall deem applicable with approval from the City. JPB shall consult with City and shall reasonably accommodate City comments and suggestions regarding changes that affect work in areas that City will be responsible to maintain. JPB shall have the right to make changes during construction subject to the terms of this Agreement. 3. Schedule. JPB plans to award the Construction Contract by Septemberl, 2017; the work is scheduled to be completed by September 1, 201 S. It is acknowledged, however, that the Construction Contract contains provisions providing contractors with time extensions for excusable delays including those resulting from unanticipated site conditions. 4. Real Pronertv Conveyances. No real property acquisitions are anticipated to be required from private parties for the construction of the Project or Improvements. 5. Utility Relocations. The Project is being designed to avoid utility relocations. However, in the event that a utility relocation is found to be necessary, JPB shall be responsible, at its sole cost and expense, to locate all pipelines (including, without limitation, high pressure petrol pipelines, gas and water pipelines), fiber optic lines and all other utilities of any nature ("Facilities") on the Right -of -Way in the vicinity of the Project, which must be relocated. JPB shall be responsible for relocating or arranging for the relocation of all such Facilities that would interfere with construction or operation of the Project or Improvements. JPB shall contact and work with the owners of these Facilities to identify their exact location and arrange for relocation as needed. Nothing herein shall preclude JPB from seeking reimbursement from the owners or other third parties for costs of Facilities relocation. Unless otherwise prohibited by contract or law and if any such rights exist; JPB shall be assigned the rights to reimbursement of relocation costs from the party on whose property the utilities are located. However, JPB must RE`.': 05-25-17 PR AT Y/AGR/2017.122/CALTRAIN — RAILROAD CONSTRUCTION AND MAINTENANCE AGREEMENT Page 2 of 7