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Agreement 04-2958 <br />Project No. 0424000060 <br />Project Development Agreement 2017-02-17/HIA (Created October 5, 2023)15 of 22 <br />Encroachment Permits <br />CALTRANS will issue, upon proper application, the encroachment permits required for WORK <br />within State Highway System (SHS) right-of-way. PERMITTEE, their contractors, <br />consultants, agents, and utility owners will not work within the SHS right-of-way without an <br />encroachment permit which specifically allows them to do so. CALTRANS will provide <br />encroachment permits to PERMITTEE at a cost equal to 6 hours at the current Encroachment <br />Permits’ Standard Hourly Rate per permit. CALTRANS will provide encroachment permits to <br />utility owners at no cost. If the encroachment permit and this AGREEMENT conflict, the <br />requirements of this AGREEMENT will prevail. <br />The IMPLEMENTING AGENCY for a PROJECT COMPONENT will coordinate, prepare, obtain, <br />implement, renew, and amend any encroachment permits needed to complete the WORK. <br />Protected Resources <br />If any PARTY discovers unanticipated cultural, archaeological, paleontological, or other protected <br />resources during WORK, all WORK in that area will stop and that PARTY will notify all <br />PARTIES within 24 hours of discovery. WORK may only resume after a qualified professional <br />has evaluated the nature and significance of the discovery and CALTRANS approves a plan <br />for its removal or protection. <br />Disclosures <br />PARTIES will hold all administrative drafts and administrative final reports, studies, materials, and <br />documentation relied upon, produced, created, or utilized for the WORK in confidence to the <br />extent permitted by law and where applicable, the provisions of California Government Code, <br />Section 7921.505(c)(5) will protect the confidentiality of such documents in the event that said <br />documents are shared between PARTIES. <br />PARTIES will not distribute, release, or share said documents with anyone other than <br />employees, agents, and consultants who require access to complete the WORK without the <br />written consent of the PARTY authorized to release them, unless required or authorized to do <br />so by law. <br />If a PARTY receives a public records request pertaining to the WORK, that PARTY will notify <br />PARTIES within five (5) working days of receipt and make PARTIES aware of any disclosed <br />public records. <br />ATTY/AGR.2024.134/Caltrans and IQHQ (Elco Yards Highway Improvement Agreement)(REV: 08-20-24 VR) (Page 15 of 22) <br />6.K. - Page 27 of 67 <br />411