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AGREEMENT 04-2614 <br />Projec 6-.3.C.- <br />3.C. - Page 31 <br />39. CALTRANS will issue, upon proper application, the encroachment permits <br />required for WORK within SHS right-of-way. Contractors and/or agents, and utility owners will <br />not work within the SHS right-of-way without an encroachment permit issued in their name. <br />CALTRANS will provide encroachment permits to PARTNERS, their contractors, consultants <br />and agents, and utility owners at no cost. If the encroachment permit and this AGREEMENT <br />conflict, the requirements of this AGREEMENT shall prevail. <br />40. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will <br />coordinate, prepare, obtain, implement, renew, and amend any encroachment permits needed to <br />complete the PROJECT COMPONENT OBLIGATION. <br />41. If any PARTNER discovers unanticipated cultural, archaeological, <br />paleontological, or other protected resources during OBLIGATION, all OBLIGATION in that <br />area will stop and that PARTNER will notify all PARTNERS within twenty-four (24) hours of <br />discovery. OBLIGATION may only resume after a qualified professional has evaluated the <br />nature and significance of the discovery and a plan is approved for its removal or protection. <br />42. PARTNERS will hold all administrative drafts and administrative final reports, <br />studies, materials, and documentation relied upon, produced, created, or utilized for the <br />PROJECT in confidence to the extent permitted by law and where applicable, the provisions of <br />California Government Code section 6254.5(e) shall protect the confidentiality of such <br />documents in the event that said documents are shared between PARTNERS. <br />PARTNERS will not distribute, release, or share said documents with anyone other than <br />(a) any employees and (b) agents and consultants who require access to complete the PROJECT <br />without the written consent of the PARTNER authorized to release them, unless required or <br />authorized to do so by law. <br />43. If a PARTNER receives a public records request pertaining to OBLIGATIONS, <br />that PARTNER will notify PARTNERS within five (5) working days of receipt and make <br />PARTNERS aware of any disclosed public documents. PARTNERS will make reasonable <br />efforts to consult with each other prior to the release of any public documents related to the <br />PROJECT. <br />44. If HM -1 or HM -2 is found during a PROJECT COMPONENT, the <br />IMPLEMENTING AGENCY for that PROJECT COMPONENT will immediately notify <br />PARTNERS. <br />45. CALTRANS, independent of the PROJECT, is responsible for any HM -1 found <br />within the existing SHS right-of-way. CALTRANS will undertake, or cause to be undertaken, <br />HM MANAGEMENT ACTIVITIES related to HM -1 with minimum impact to the PROJECT <br />schedule. <br />REV: 07-12-17 PR <br />7of19 <br />ATTY/AGR.2017.161/Caltrans Co -Op AGR 101/84 PS&E <br />