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Agreement 04-2680 Project No.0418000174 Consultant Selection 34. CITY will invite CALTRANS to participate in the selection of any consultants that participate in the WORK. Encroachment Permits 35. CALTRANS will issue, upon proper application, the encroachment permits required for WORK within State Highway System right-of-way. Contractors and/or agents, and utility owners will not work within the State Highway System right-of-way without an encroachment permit issued in their name. CALTRANS will provide encroachment permits to PARTIES, their contractors, consultants and agents at no cost. If the encroachment permit and this AGREEMENT conflict, the requirements of this AGREEMENT will prevail. 36. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will coordinate,prepare, obtain, implement,renew,and amend any encroachment permits needed to complete the WORK. Protected Resources 37. If any PARTY discovers unanticipated cultural, archaeological, paleontological, or other protected resources during WORK, all WORK in that area will stop and that PARTY will notify all PARTIES within 24 hours of discovery. WORK may only resume after a qualified professional has evaluated the nature and significance of the discovery and CALTRANS approves a plan for its removal or protection. Disclosures 38. PARTIES will hold all administrative drafts and administrative final reports, studies, materials, and documentation relied upon,produced, created, or utilized for the WORK in confidence to the extent permitted by law and where applicable,the provisions of California Government Code section 6254.5(e) will protect the confidentiality of such documents in the event that said documents are shared between PARTIES. PARTIES will not distribute, release, or share said documents with anyone other than employees, agents, and consultants who require access to complete the WORK without the written consent of the PARTY authorized to release them, unless required or authorized to do so by law. 39. If a PARTY receives a public records request pertaining to the WORK, that PARTY will notify PARTIES within five (5)working days of receipt and make PARTIES aware of any disclosed public documents. PARTIES will consult with each other prior to the release of any public documents related to the WORK. Project Development Agreement 2017-02-17 (Created October 12,2017) 7 of 14