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

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6.1.C. - Page 5 responsible, at its sole cost and expense, to locate all pipelines (including, without limitation, high pressure petrol pipelines, gas and water pipelines), fiber optic lines and all other utilities of any nature ("Facilities") on the Right-of-Way in the vicinity of the Project, which must be relocated. JPB shall be responsible for relocating or arranging for the relocation of all such Facilities that would interfere with construction or operation of the Project or Improvements. JPB shall contact and work with the owners of these Facilities to identify their exact location and arrange for relocation as needed. Nothing herein shall preclude JPB from seeking reimbursement from the owners or other third parties for costs of Facilities relocation. Unless otherwise prohibited by contract or law and if any such rights exist, JPB shall be assigned the rights to reimbursement of relocation costs from the party on whose property the utilities are located. However, JPB must request and be granted reimbursement of relocation costs prior to relocating the utilities in question. JPB shall not be entitled to reimbursement of relocation costs for Facilities owned by City. The parties to this Agreement shall work cooperatively to minimize the cost of utility relocations. 6. Permittin�,Approvals and Contract Requirements. a. Environmental Review. JPB is be the lead agency under CEQA and has obtained environmental clearance for the Project. The Project qualifies as Categorically Exempt under Section 15301 of the CEQA Guidelines. JPB's contractor will be subject to all applicable Storm Water Pollution Prevention Plan (SWPPP) requirements, under current standard best management practices, including control of run-off, dust, mud, and the like. b. Inspections and Reporting. JPB or its contractor shall provide all flagging and signal inspection required in connection with construction of said Project and Improvements. JPB will allow City to inspect improvements that will be maintained and operated by the City. JPB Resident Engineer and/or inspector shall coordinate with City on inspection schedule. JPB will keep City informed of progress of construction and will coordinate public outreach with City. City will designate their point of contact for construction coordination. JPB will consult with City on any changes to the contract plans that affect City maintained and operated facilities, or in areas where the City has had substantial input (including, but not limited to, traffic control plans and public outreach). JPB's contractor shall be responsible to maintain proper traffic control at all times. c. City Permits and Approvals. City confirms that it has the authority to issue and enforce encroachment permits in its right-of-way to construct items necessary to the Project and Improvements. Prior to construction, City will provide JPB with applications for encroachment permits and other permits necessary for the Project and Improvements. City agrees to issue encroachment permits to JPB or its contractors prior to construction. The encroachment permit will contain standard and special conditions including, but not limited to, specific work hours that are consistent with the Project Construction Contract and mutually agreed upon by the City and JPB. JPB will comply with, and ensure that JPB's contractor complies with, all City requirements for encroachment permits. If required, City will issue a Haul Route Permit for routes along City streets between work areas and State highways. State highway permits, as required, shall be from Caltrans. Upon completion and acceptance of the Project, JPB shall provide record drawings in a format acceptable to the City. ATTY/AGR/2013.021/JPB RAILROAD CONSTRUCTION&MAINTENANCE AGREEMENT REV:OS-29-13 VR Page 3 of 8 4799109.2