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Dec 19 2008 9: 46RM GeiC Coon, & Keen LLP 120919 451 P. 5 5. Plans and Specifications: Construction. (a) All encroachments constructed under this Agreement shall be in accordance with plans and specifications provided by Kleinfelder engineers in an email dated August 26, 2008 (which is attached hereto as Exhibit D) and attachments, and upon the location set forth therein, and shall be conducted in such a manner as not to obstruct In any manner the flow of water in the canals, laterals or drain ditches of the District orto make more expensive or to Interfere in any manner whatsoever with the construction, operation and maintenance of any part of the levees, impacted irrigation and/or drainage works by the District. Generally, the boring will be located approximately 400 feet north of B-mile road on the levee adjacentto Honker Cut; the boring will be approximately 5 Inches diameter and advanced approximately 80 fast below the crown of the levees; the boring will be backfilled with a cement/bentonite slurry grout immediately following completion of exploration; and a tremie pipe will be used during backfilling operations in accordance with San Joaquin County Environmental Health Department. (b) Further, the borings shall be in accordance with plans and shall not be changed ar altered without the express written consent of the District. (c) City shall call Gil Costo, the District Engineer, at (916) 456-4400 a minimum of 48 hours prior to planned drilling and shall coordinate all construction activities with the District's Engineer and Manager. Further, a final routine inspection by District of the drillings and backfill of a cement/bentonite slurry is required. (d) When repairing, maintaining, constructing, and reconstructing City encroachments, City and/or its contractors shall comply with all applicable requirements of the Clean Air Act, as amended (U.S.C. 1857, at seq., as amended by Public law 91-604), the Clean Water Act as amended (42 U.S.C. Sec. 7413, U,S,S.G,sec. 81-3),the Federal Water Pollution control Act (33 U.S.C. 1251 et seq., as amended by Public Law 92.500), respectively, and all federal,state, and local laws, regulations and guidelines issued thereunder. Further, when and if necessary prior to performing said operations City andlor his contractors shall comply with applicable requirements of OSHA, CAL-OSHA, State of California Department of Industrial Safety and Health Orders, Cal-Trans, and California Health and Welfare laws, regulations and guidelines issued thereunder. Without any limitations by the foregoing, City shall obey all other laws, rules and regulations in effect which are enacted by any federal, state or local agency having jurisdiction. 6. OrdlnaryMalntenance. Repair orReplacement, City further acknowledges that the existing District levee over which the City plans to encroach upon does not presently leak 4 I