Agmt09 Peninsula Corridor Joint Powers Board-JPB

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NOW, THEREFORE, in consideration of the foregoing, the parties agree as follows: 1. Construction Costs. Railroad shall furnish, or cause to be furnished, at its sole cost and expense, all labor, materials, tools, and equipment needed to complete the Improvements and shall pay for the design, construction, construction management and indirect project costs it incurs for the Project. Notwithstanding the above, however, City shall bear its own costs related to the Project, including time that its staff or consultants spend on review of design or inspections. City shall waive all City permit or other fees with regard to the Project and the Improvements as well as any other type of fee for any and all work associated with the Project. 2. Construction Standards/Design. The Railroad is designing and constructing the Project. The design and construction of the Improvements shall comport with Railroad's adopted standards, specifically JPB Standards Volume I and Volume II, dated April 15, 2007, as amended, except when they involve city streets that are located outside of the Right -of -Way, which shall be designed to City standards. If no City standards exist for particular features of the work, the improvements shall be designed to applicable Caltrans standards, or if no Caltrans standards apply, to such standards as JPB shall reasonably determine to apply. JPB shall consult with City and accommodate reasonable City comments and suggestions on any changes that affect work outside the Right -of -Way or in areas that City will be responsible to maintain. JPB to have the right to make changes during construction subject to the terms of this agreement. 3. Schedule. The contract for the construction of the Project is expected to be awarded by JPB prior to the end of December 2008 and the work is to be completed within 78 weeks from the issuance to the contractor of a notice to proceed ( "NTP "). It is understood, 3