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Page 2 of 10 <br /> <br />v2 <br />into an Operations Agreement for the intersections owned and operated by Caltrans within the <br />PROJECT. <br />3. To cooperate in AC TRANSIT’s installation of the proposed existing and new bus stops that are <br />part of the PROJECT as identified in Exhibit C. Such cooperation shall include designating the <br />identified bus stop areas for use solely by AC Transit vehicles through the use of regulatory signs, <br />pavement markings, and red-painted curb. The PROJECT will not change ownership or <br />maintenance responsibilities of the existing and new bus stops. AC TRANSIT maintains bus <br />poles. STAKEHOLDER AGENCIES maintain sidewalks and curb. Existing shelters, benches <br />and trash receptacles, if any, are maintained by STAKEHOLDER AGENCIES or a third party <br />through a contract with STAKEHOLDER AGENCIES. Existing bus stop locations and proposed <br />changes to each location are identified in Exhibit C. <br />4. To grant an encroachment permit authorizing AC TRANSIT or its contractor to perform all <br />construction activities required by the PROJECT within the STAKEHOLDER AGENCY right of <br />way. <br /> <br />B. AC TRANSIT AGREES: <br /> <br />1. To be responsible for planning, designing, engineering, constructing, testing, and implementing <br />the PROJECT and to cooperate with STAKEHOLDER AGENCIES and their staff, agents, in <br />planning, designing, engineering, constructing, testing, and implementing the PROJECT, <br />including, but not limited to, the procurement of equipment and software in a manner that allows <br />STAKEHOLDER AGENCIES to utilize, operate, and maintain such equipment and software, <br />including, among other things, rights to utilize support services and enforce warranties. <br />2. To, at its own expense, handle any environmental reviews and develop and implement a public <br />awareness program to inform the public regarding the PROJECT prior to its implementation. <br />3. To designate, at its own expense, an AC TRANSIT representative to work with the <br />STAKEHOLDER AGENCIES in coordinating all aspects of the PROJECT including planning, <br />engineering, construction and installation work. <br />4. To include a provision in any construction or professional service contracts for the PROJECT that <br />requires the contractor and its subcontractor(s) to defend, indemnify, and hold harmless the <br />STAKEHOLDER AGENCIES from any claims, lawsuits or judgements arising out of the <br />contractor’s negligence or willful acts or omissions arising out of its work under said construction <br />or professional services contracts (with legal counsel reasonably acceptable to the <br />STAKEHOLDER AGENCIES), to the fullest extent permitted by law. <br />5. To include a provision in any construction or professional service contracts for the PROJECT <br />requiring any contractor to name STAKEHOLDER AGENCIES as an additional insured with <br />endorsements and certifications as provided in the attached Exhibit D, or in another mutually- <br />agreeable form, as to work performed under the construction or professional service contracts. <br /> <br />AC Transit will provide necessary equipment and support to maintain TSP system, and all associated <br />cables and equipment for the duration of this Agreement. <br /> <br />C. AC TRANSIT AND COUNTY OF ALAMEDA (COUNTY) AGREE: <br /> <br />1. For the segment impacted by the Hesperian Boulevard Corridor Improvement Project from <br />Embers Way to West A Street by the County, AC TRANSIT and the COUNTY agree to share <br />cost and responsibilities as provided in the attached Exhibit E. <br /> <br />SECTION II <br />MISCELLANEOUS PROVISIONS <br />54