Agmt 2004 City of Oakland Port - Laserfiche WebLink

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(a) One hundred percent of all costs involved in the testing, monitoring, remediation, removal and disposal of any toxic or hazardous materials discovered within the Project area will be borne by the jurisdiction in which such material is located. If the toxic or hazardous materials are located within more than one jurisdiction, the parties shall meet in good faith to determine an equitable apportionment of the costs of remediation of the toxic or hazardous materials based on the amount of such materials contained within each jurisdiction or based on such other method of apportionment as the parties may agree upon in writing. The percentage of responsibility assigned to each party, solely for purposes of this Agreement, shall be deemed to be that party's percentage of responsibility with respect to any indemnification obligation imposed on that party pursuant to Section 19, below. (b) Staff costs for compliance with any Local Preference Program (as defined below) will be borne by the Party maintaining such program. (c) The property and acquisition costs, including without limitation relocation costs, involved in acquiring necessary right-of--way or other property interests will be the responsibility of the Party in whose jurisdiction such property is located. (d) Costs of any additional inspection support as required by the individual parties as described in Item 8 below. 4. All contribution amounts specified in Paragraph 2 shall be deposited with San Leandro within 10 working days prior to award of the prime construction contract for the Project. San Leandro shall provide an accounting of the use of such funds to the Parties at the reasonable request of any of the Parties. Any unused funds at the completion of the Project shall be returned by San Leandro to the other Parties according to the allocation set forth in Paragraph 2 above. 5. Port shall prepare, execute, and record any necessary landscape easements on its property at no cost to the other Parties. 6. The Parties shall review and approve the contract drawings and specifications prior to the Project proceeding to bidding. Project Administration 7. San Leandro will be the Project administrator for the bidding, award, and prosecution of the construction contract, with the exception that Oakland will provide for the administration of its Small and Local Business Enterprise Program and Local Employment Program. San Leandro shall disburse funds in accordance with the Budget. The Budget may be modified with the written approval of all the Parties administrators. Page 3 of 8