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<br />6.18 <br />Page 5 <br /> <br />NOW, THEREFORE, in consideration of the foregoing, the parties agree as follows: <br /> <br />1. Construction Costs. Railroad shall furnish, or cause to be furnished, at its sole <br /> <br />cost and expense, all labor, materials, tools, and equipnlent needed to complete the <br /> <br />Improvements and shall pay for the design, construction, construction management and indirect <br /> <br />project costs it incurs for the Project. Notwithstanding the above, however, City shall bear its <br /> <br />own costs related to the Project, including tinle that its staff or consultants spend on review of <br /> <br />design or inspections. City shall waive all City permit or other fees with regard to the Project <br /> <br />and the Improvenlents as well as any other type of fee for any and all work associated with the <br /> <br />Project. <br /> <br />2. Construction StandardslDesb!D. The Railroad is designing and constructing the <br /> <br />Project. The design and construction of the Improvements shall comport with Railroad's <br /> <br />adopted standards, specifically JPB Standards Volume 1 and Volume II, dated April 15, 2007, as <br /> <br />amended, except when they involve city streets that are located outside of the Right-of-Way, <br /> <br />which shall be designed to City standards. If no City standards exist for particular features of the <br /> <br />work, the improvements shall be designed to applicable Caltrans standards, or if no Caltrans <br /> <br />standards apply, to such standards as lPB shalfreasonably determine t.o apply. JPB shall consult <br /> <br />with City and acconlmodate reasonable City comments and suggestions on any changes that <br /> <br />affect work outside the Right-of-Way or in areas that City will be responsible to maintain. jPB <br /> <br />to have the right to make changes during construction subject to the terms of this agreement. <br /> <br />3. Schedule. The contract for the construction of the Project is expected to be <br /> <br />awarded by lPB prior to the end of December 2008 and the work is to be cOlnpleted within 78 <br /> <br />weeks from the issuance to the contractor of a notice to proceed ("NTP"). It is understood, <br /> <br />3 <br />