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Agreement 04-2958 <br />Project No. 0424000060 <br />Project Development Agreement 2017-02-17/HIA (Created October 5, 2023)9 of 22 <br />PERMITTEE will make all necessary arrangements with utility owners for the timely <br />accommodation, protection, relocation, or removal of any existing utility facilities that conflict <br />with construction of the PROJECT or that violate CALTRANS’ encroachment policy. <br />PERMITTEE will provide CALTRANS a copy of conflict maps, relocation plans, proposed notices <br />to owner, reports of investigation, and utility agreements (if applicable) for CALTRANS' <br />concurrence prior to issuing the notices to owner and executing the utility agreement. All <br />utility conflicts will be fully addressed prior to Right-of-Way Certification and all <br />arrangements for the protection, relocation, or removal of all conflicting facilities will be <br />completed prior to construction contract award and included in the PROJECT plans, <br />specifications, and estimate. <br />PERMITTEE will provide a land surveyor licensed in the State of California to be responsible for <br />surveying and right-of-way engineering. All survey and right-of-way engineering documents <br />will bear the professional seal, certificate number, registration classification, expiration date of <br />certificate, and signature of the responsible surveyor. <br />Acquisition of right-of-way will not occur prior to the approval of the environmental document <br />without written approval from the CEQA Lead Agency. <br />The CEQA Lead Agency will hear and adopt Resolutions of Necessity when authorized to do so by <br />law or will work with local agencies having jurisdiction and authorized under the law to hear <br />and adopt Resolutions of Necessity. <br />The CEQA Lead Agency will conduct and document Condemnation Evaluation Meetings and <br />Condemnation Panel Review Meetings as required in accordance with CALTRANS policy and <br />guidance. CALTRANS will be notified in advance of any Condemnation Evaluation Meetings <br />and Condemnation Panel Review Meetings. <br />If PERMITTEE acquires any right-of-way to be incorporated into the State Highway System, <br />PERMITTEE will first acquire in its own name. <br />Title to the State Highway System right-of-way will ultimately be vested in the State. <br />CALTRANS’ acceptance of title will occur after the Right-of-Way Closeout activities are <br />complete. <br />PERMITTEE will utilize a public agency currently qualified by CALTRANS or a properly licensed <br />consultant for all RIGHT-OF-WAY activities. A qualified right-of-way agent will administer <br />all right-of-way consultant contracts. <br />PERMITTEE will submit a draft Right-of-Way Certification to CALTRANS six weeks prior to <br />the scheduled Right-of-Way Certification milestone date for review. <br />ATTY/AGR.2024.134/Caltrans and IQHQ (Elco Yards Highway Improvement Agreement)(REV: 08-20-24 VR) (Page 9 of 22) <br />6.K. - Page 21 of 67 <br />405