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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 />67. CALTRANS will issue, upon proper application, the encroachment permits required for <br />WORK 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 />68. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will coordinate, prepare, <br />obtain, implement, renew, and amend any encroachment permits needed to complete the <br />WORK. <br />Protected Resources <br />69. If any PARTY discovers unanticipated cultural, archaeological, paleontological, or other <br />protected resources during WORK, all WORK in that area will stop and that PARTY will <br />notify all PARTIES within 24 hours of discovery. WORK may only resume after a qualified <br />professional has evaluated the nature and significance of the discovery and CALTRANS <br />approves a plan for its removal or protection. <br />Disclosures <br />70. PARTIES will hold all administrative drafts and administrative final reports, studies, materials, <br />and documentation relied upon, produced, created, or utilized for the WORK in confidence to <br />the extent permitted by law and where applicable, the provisions of California Government <br />Code, Section 7921.505(c)(5) will protect the confidentiality of such documents in the event <br />that said 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 />71. If a PARTY receives a public records request pertaining to the WORK, that PARTY will <br />notify PARTIES within five (5) working days of receipt and make PARTIES aware of any <br />disclosed public records.