CA DEPT TRANSPORTATION 10 - 2003

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I . District Agreement f# 12 -419 4. Federal Funding wiII be used to finance. this project. Therefore, all documentation, environmental documentation, right of way certification, design and construction shall follow the Federal guidelines as established in current Local Assistance procedures. 5. __Prior to award of the construction contract for PROJECT, STATE may terminate this -Agreement by providing the CITY ,vith thirty (30} days written notice, provided that STATE pays CITY for all PROJECT-related costs incurred by CITY.prior to termination. 6. Prior to award of the construction contract for PROJECT, CITY may terminate this Agreement by written notice. If CITY terminates this Agreement, CITY shalI bear all PROJECT-related costs incurred by CITY prior to termination and reimburse to STATE, within 90 days, any funds which may have been advanced or paid to CITY. 7. Nothing in the provisions of this Agreement is intended to create duties or obligations to ocrights in third parties to this Agreement or affect the legal liability of either party to the Agreement by imposing any standard of care with respect to the maintenance of State highways different from the standard care imposed by law. 8. Any changes to PROJECT, before, during or after PROJECT acquisition and/or construction, that does not comply with or is in conflict with the TEA Program requirements may result in CITY being required to reimburse STATE the entire amount of TEA funds contributed to the project or the value of the TEA fund contribution, based upon the fair market value of the acquisition and/or construction, at the time the conflict and/or non-compliance is determined, whichever is greater. 9. Neither STATE nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnifY and save harmless STATE and all 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 anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. 10. Neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, STATE shall fully defend, indemnifY and save harmless CITY 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) occurrinlfJj)' reason of anything done or omitted to be done by STATE under or in connection with any work; authority or jurisdiction delegated to STATE under this Agreement. I 1. This Agreement may be terminated or prOVISIOns contained herein may be altered, changed, or amended by mutual consent of the parties hereto. 4 C> ..... 01 ~ CD ....