AgdaPkt 2017-07-24 Closed and Joint SA FPA

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6.3.C. - Page 12 AGREEMENT 04-2614 Project No. 0414000032 37. Each PARTNER will ensure that personnel participating in OBLIGATIONS are appropriately qualified or licensed to perform the tasks assigned to them. 38. PARTNERS will invite each other to participate in the selection of any consultants who participate in OBLIGATIONS, provided however that the IMPLEMENTING AGENCY for any PROJECT COMPONENT will retain final discretion to select consultants for WORK related to such PROJECT COMPONENT. 39. CALTRANS will issue, upon proper application, the encroachment permits required for WORK within SHS right-of-way. Contractors and/or agents, and utility owners will not work within the SHS right-of-way without an encroachment permit issued in their name. CALTRANS will provide encroachment permits to PARTNERS, their contractors, consultants and agents, and utility owners at no cost. If the encroachment permit and this AGREEMENT conflict, the requirements of this AGREEMENT shall prevail. 40. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will coordinate, prepare, obtain, implement, renew, and amend any encroachment permits needed to complete the PROJECT COMPONENT OBLIGATION. 41. If any PARTNER discovers unanticipated cultural, archaeological, paleontological, or other protected resources during OBLIGATION, all OBLIGATION in that area will stop and that PARTNER will notify all PARTNERS within twenty-four (24) hours of discovery. OBLIGATION may only resume after a qualified professional has evaluated the nature and significance of the discovery and a plan is approved for its removal or protection. 42. PARTNERS will hold all administrative drafts and administrative final reports, studies, materials, and documentation relied upon, produced, created, or utilized for the PROJECT in confidence to the extent permitted by law and where applicable, the provisions of California Government Code section 6254.5(e) shall protect the confidentiality of such documents in the event that said documents are shared between PARTNERS. PARTNERS will not distribute, release, or share said documents with anyone other than (a) any employees and (b) agents and consultants who require access to complete the PROJECT without the written consent of the PARTNER authorized to release them, unless required or authorized to do so by law. 43. If a PARTNER receives a public records request pertaining to OBLIGATIONS, that PARTNER will notify PARTNERS within five (5) working days of receipt and make PARTNERS aware of any disclosed public documents. PARTNERS will make reasonable efforts to consult with each other prior to the release of any public documents related to the PROJECT. ATTY/AGR/2017.161/CALTRANS CO-OP AGR 101/84 PS&E REV: 07-12-17 PR 7of19