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CMA TIP Fund Transfer Agreement No. CMATIP-008 CMA TIP Project No. 008 Widen Marina Boulevard — Alvarado to San Leandro Page 2 SPONSOR will, for the duration of the PROJECT and for three (3) years following completion of the PROJECT, make available to the CMA or to an independent auditor all records relating to PROJECT performance and expenses incurred in implementing the PROJECT. SECTION 5. LIMITATION OF COSTS AND COMPLIANCE WITH LAWS Reimbursement from CMA TIP funds for each eligible activity shall not exceed the amounts shown in Appendix A. Costs for SPONSOR's staff dedicated to project management or project development work will be eligible for reimbursement. Costs for SPONSOR's management and oversight staff, such as the General Manager, Executive Director, Deputy Directors, SPONSOR's in-house counsel, and senior management staff, will be considered to be part of the SPONSOR's overhead cost and will not be eligible for reimbursement. A distinction is made between costs for SPONSOR's Project managers in an oversight role and costs for SPONSOR's staff performing project specific tasks, e.g. planning, engineering, etc. Costs for SPONSOR's staff engineers and planners performing project specific tasks are eligible for reimbursement. Hourly wages and fringe benefits for SPONSOR's staff should not exceed a maximum mark-up rate of 50% of the hourly wage (1.5 times hourly salary). If this rate does not allow the SPONSOR to recoup direct costs dedicated to the PROJECT, the SPONSOR may submit documentation for CMA's consideration and approval. Any mark-up rate in excess of 50% of the hourly wage must be approved in writing by the Executive Director of the CMA or a designee of the Executive Director. SPONSOR agrees to award and administer the contracts for PROJECT in accordance with requirements of the Local Agency Public Construction Act, to the extent applicable, and the California Labor Code, including its prevailing wage provisions. SECTION 6. SIGNAGE SPONSOR will include language listing the Alameda County Congestion Management Agency as a co-sponsor or funding agency on all construction signs describing the PROJECT and on all written materials that describe the PROJECT and list sponsoring or funding agencies. SECTION 7. INDEMNIFICATION SPONSOR shall indemnify, protect, defend and hold harmless CMA, its officers, employees, agents, representatives, and successors -in -interest against any and all claims, suits or actions resulting from the negligent or reckless performance by SPONSOR of its duties under the Agreement. CMA shall indemnify, protect, defend and hold harmless SPONSOR, its officers, employees, agents, representatives, and successors -in -interest against any and all claims, suits or actions resulting from the negligent or reckless performance by CMA of its duties under this Agreement. SECTION 8. NONDISCRIMINATION During the performance of services under this Agreement, SPONSOR and all consultants paid with funds governed by this Agreement ("Consultants") shall not discriminate against any persons or group of persons on the grounds of race, religious creed, color, national origin, age, ancestry, physical disability, medical condition, marital status, sex, sexual orientation, Vietnam Era Veteran's status, political affiliation or any other non -merit factor. SPONSOR will comply with all applicable provisions of Executive Order 11246 as amended by Executive Order 11375 and as supplemented by