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b. All required permits are issued by Participating Agency authorizing such work <br />within Participating Agency's jurisdiction orrights-of--way. <br />4. Participating Agency shall issue all aforesaid permits to CMA, or its designated <br />contractors, agents, and representatives, at no cost, through Participating Agency's <br />Department of Public Works, or other appropriate department. Application(s) will be <br />accompanied by, five (5) sets of construction plans five (5) sets of specifications, proof of <br />insurance, and that payment and performance surety bonds covering construction of <br />Project have been issued to CMA's contractor(s). Following Participating Agency's <br />issuance of such permits CMA reserves the right to make changes to the construction <br />plans and specifications provided that such revisions do not materially increase the scope <br />of work or substantially change the nature of the work to be performed under the permits. <br />5. Receipt by CMA of the necessary approvals and permits shall constitute CMA's <br />authorization from Participating Agency to proceed with work to be performed by CMA <br />or its designated contractors, agents, and representatives under this Agreement within the <br />Participating Agency's jurisdiction or rights-of--way, or which affects the Participating <br />Agency's facilities. However, CMA's authorization to proceed with said work shall be <br />contingent upon CMA's compliance with all provisions set forth in this Agreement and <br />said permits. <br />6. Except as provided by law, CMA may advertise for bids to procure Project components <br />or construct the Project prior to the issuance of any applicable permits, but shall not <br />commence construction until after the issuance of applicable permits by Participating <br />Agency. CMA may administer the procurement of the Project components in one, or <br />multiple phases, and jointly, or separately from the construction of the Project. <br />7. In the construction of said work, CMA will furnish a designated representative to perform <br />the functions of a Resident Engineer, and Participating Agency may, at no cost to CMA, <br />furnish a representative, if it so desires, to ensure conformance of work to Participating <br />Agency's standards. <br />8. Prior to award of the construction contract for Project, Participating Agency may <br />terminate this Agreement by prior written notice, provided that Participating Agency pays <br />CMA for all Project related costs incurred by CMA resulting from Participating Agency's <br />participation in this Agreement prior to termination. <br />9. If any facility installed, used or maintained by a private or public utility conflicts with the <br />Project construction, or violates a Participating Agency's encroachment policy, <br />Participating Agency shall require, or work in cooperation with, the owner(s) of such <br />facility to protect, relocate or remove such facilities in accordance with the Participating <br />Agency's policies and procedures for such facilities located within the limits of the <br />Participating Agency's jurisdiction. CMA will initiate and coordinate all contacts with <br />utilities regarding such relocations but will not be responsible for any cost associated <br />with the required protection, relocation or removal. Any relocated or new facilities shall <br />be identified on the Record Drawings to be prepared under this Agreement. <br />City of San Leandro Coop Agreement -Rapid Bus Project 4 <br />