Agmt 2001 Alameda County Congestion Management Agency ACCMA

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within the PARTICIPATING AGENCY's jurisdiction or rights -of -way, or which affects the PARTICIPATING AGENCY's facilities. However, CMA's authorization to proceed with said work shall be contingent upon CMA's compliance with all provisions set forth in this Agreement and said permits. 5. Except as provided by law, CMA may advertise for bids to procure PROJECT components or construct the PROJECT prior to the issuance of any applicable permits, but shall not commence construction until after the issuance of applicable permits by PARTICIPATING AGENCY. CMA may administer the procurement of the PROJECT components in one, or multiple phases, and jointly, or separately from the construction of the PROJECT. 6. In the construction of said work, CMA will furnish a designated representative to perform the functions of a Resident Engineer, and PARTICIPATING AGENCY may, at no cost to CMA, furnish a representative, if it so desires, to ensure conformance of work to PARTICIPATING AGENCY's standards. 7. Prior to award of the construction contract for PROJECT, PARTICIPATING AGENCY may terminate this Agreement by prior written notice, provided that PARTICIPATING AGENCY pays CMA for all PROJECT related costs incurred by CMA resulting from PARTICIPATING AGENCY's participation in this Agreement prior to termination. 8. If any facility installed, used or maintained by a private or public utility conflicts with the PROJECT construction, or violates a PARTICIPATING AGENCY's encroachment policy, PARTICIPATING AGENCY shall require, or work in cooperation with, the owner(s) of such facility to protect, relocate or remove such facilities in accordance with the PARTICIPATING AGENCY's policies and procedures for such facilities located within the limits of the PARTICIPATING AGENCY's jurisdiction. CMA will initiate and coordinate all contacts with utilities regarding such relocations but will not be responsible for any cost associated with the required protection, relocation or removal. Any relocated or new facilities shall be identified on the Record Drawings to be prepared under this Agreement. 9. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties, or affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the improvement or maintenance of State highways greater than the standard of care imposed by law. 10. Neither PARTICIPATING AGENCY, nor its officers and employees, shall be responsible for any damage or liability occurring by any act or omission by CMA under or in connection with any work, authority or jurisdiction delegated to CMA under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895,4, CMA shall fully defend, indemnify and save harmless the PARTICIPATING AGENCY, and its officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of any act or omission City of San Leandro Coop 4