AgdaPkt 2013-06-24 Closed and Joint Amended 06-21_2013

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6.1.C. - Page 4 D. For purposes of this Agreement, the term "Improvements" shall include the Project as defined above and all ancillary work, including without limitation: changes to telecommunications, signal, and electrical lines and appurtenances thereto; relocation of all utilities and pipelines of any kind; construction of grading; drainage; and access roadways to the Right-of-Way; preliminary and design engineering; and all other work of every kind and character necessary to complete the Project. E. The parties now desire to set forth herein their understandings and agreements relating to construction and maintenance of the Project and Improvements. AGREEMENT NOW, THEREFORE, in consideration of the foregoing, the parties agree as follows: 1. Costs. JPB shall furnish, or cause to be furnished, at its sole cost and expense, all labor, materials, tools, and equipment needed to complete the Improvements, including all costs for the design, construction, construction management and indirect costs incurred. Provided, however, City shall bear its own costs related to the time that its staff or consultants spend on design review, inspections of Improvements in the City's right-of-way and coordination effort relevant to the Project. City shall waive all permit or other fees for this Proj ect. 2. Construction Standards/Desi�n. JPB shall design and construct the Project. The design and construction of the Improvements shall conform to JPB Standards of September 30, 2011 or the latest adopted standard at the time of design. The design and construction of Improvements in the City's right-of-way shall conform to the most recent applicable City standards and specifications. If no City standards and specifications exist for particular Improvement items, they shall be designed to applicable Caltrans standards; or, if no Caltrans standards apply, to such reasonable standards as JPB shall deem applicable with approval from the City. JPB shall consult with City and shall reasonably accommodate City comments and suggestions regarding changes that affect work in areas that City will be responsible to maintain. JPB shall have the right to make changes during construction subject to the terms of this Agreement. 3. Schedule. JPB plans to award the Construction Contract by April 1, 2013; the work is scheduled to be completed by December 14, 2013. It is acknowledged, however, that the Construction Contract contains provisions providing contractors with time extensions for excusable delays. 4. Real Pronertv Convevances. No real property acquisitions are anticipated to be required from private parties for the construction of the Project or Improvements. 5. Utilitv Relocations. The Project is being designed to avoid utility relocations. However, in the event that a utility relocation is found to be necessary, JPB shall be ATTY/AGR/2013.021/JPB RAILROAD CONSTRUCTION&MAINTENANCE AGREEMENT REV:OS-29-13 VR Page 2 of 8 4799109.2