Agmt17 Peninsula Corridor Joint Powers Board aka Railroad

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7. Control of Alcohol and DruE Use. JPB shall ensure contractor compliance with the provisions of the Code of Federal Regulations, Title 49 (Transportation), Part 219 (49 CFR Part 219). 8. Insurance. JPB will require its contractor to provide insurance in the amount specified in the contract documents and will require its contractor to name City and its officers, officials, employees, and agents, and JPB as additional insureds. Such endorsements must provide that the insurance required to be furnished by JPB and its contractors will be primary as regards the City, and that the City's insurance will be in excess of and not contribute to the insurance required to be furnished by JPB and/or its contractors; that the City will receive 30 days' written notice of any reduction or cancellation or alteration of coverage of such insurance required to be furnished by JPB and/or its contractors; and include a severability of interest clause acceptable to the City. 9. Performance and Pavment Fond. JPB will require its contractor to provide performance and payment bonds in the full amount of the contract, including Improvements in the City's right-of-way, and will require a one-year warranty period after Project acceptance. City agrees to not require additional bonds of JPB's contractor if JPB is the permittee. The bonds shall be maintained in full force and effect during the entire period of Project construction, until such work is accepted. With respect to City -owned facilities, Railroad shall not accept the work related to such facilities for purposes of this section until it has received notice from City that such work is acceptable. 10. Dispute Resolution. Prior to commencement of any formal litigation arising out of this Agreement, the parties shall submit the matters in dispute to a neutral mediator jointly selected by the parties. The costs of said mediator shall be borne evenly by the parties involved in said dispute. To the extent the disputes remain outstanding following completion of mediation, any claim, controversy, action or proceeding arising out of or relating to this Agreement or to any document, instrument or exhibit executed pursuant to this Agreement shall be tried by a judge pro tem appointed pursuant to Article VI, Section 21 of the California Constitution and Rule 2.830, et seq. of the California Rules of Court. Said judge is to be selected by counsel for the parties from a list of retired judges furnished by the Presiding Judge of the Superior Court of the Countv of San Mateo. If counsel is unable to select a judge pro tem, the judge will be selected by the Presiding Judge from the list provided. a. Each party shall pay its pro rata share of the fee for the judge pro tem. Each party shall bear its own fees and expenses in such proceedings and the prevailing party shall not be entitled to reimbursement from the losing party for any such fees or expenses. b. The judge pro tem shall have the authority to try and decide any or all of the issues in the claim, controversy, action or proceeding, whether of fact or of law, and to report a statement of decision thereon. In any proceedings before the judge pro tem, the issues are to be determined under the statutory and decisional law of the State of California. All local and California Rules of Court shall be applicable to any proceeding before the judge pro tem. All proceedings shall be conducted on consecutive dates without postponement or adjournments. REV: 05-25-17 PR ATTY/AGR/2017.122/CALTRAIN — RAILROAD CONSTRUCTION AND MAINTENANCE AGREEMENT Page 5 of 7