Laserfiche WebLink
Cooperative Agreement No. C08161 <br />WHEREAS, AUTHORITY and CITY desire to cooperate in the PROJECT. <br />NOW, THEREFORE, AUTHORITY and CITY agree to the following: <br />SECTION I General <br />a) The scope of this cooperative Agreement strictly applies to the work necessary for PA&ED and <br />PS&E of the PROJECT, including Right of Way Engineering, to separate the roadway and <br />railroad grades. Any work beyond what is necessary for PA&ED and PS&E of the PROJECT <br />shall be part of an independent, separate project agreement between the Parties and the terms and <br />conditions of this cooperative Agreement shall not apply. <br />b) The PROJECT is a grade separation project and is not a capacity increasing project requiring <br />improvements beyond what is necessary for the grade separation. <br />c) The CITY is the PROJECT owner, operator and maintainer of the existing and proposed <br />improvements and this Agreement does not transfer ownership to AUTHORITY nor does it <br />transfer any legal responsibilities associated with ownership, operation and maintenance of the <br />existing and future improvements. <br />d) All work performed by AUTHORITY or performed on AUTHORITY's behalf, shall be <br />performed in accordance with all State and Federal laws, regulations, policies, procedures, and <br />standards that apply to the CITY. <br />e) AUTHORITY shall make all PROJECT work performed by AUTHORITY available for review <br />and comment by the CITY and AUTHORITY and CITY shall review all comments received by <br />the PROJECT and mutually agree to which comments shall be incorporated into the PROJECT. <br />f) Neither CITY nor any officer or employee thereof is responsible for any injury, damage or <br />liability occurring by reason of anything done or omitted to be done by AUTHORITY under or in <br />connection with any work, authority or jurisdiction conferred upon AUTHORITY and arising <br />under this Agreement. It is understood and agreed that AUTHORITY shall fully defend, <br />indemnify and save harmless CITY and all its officers and employees from all claims, suits or <br />actions of every name, kind and description brought forth under, including, but not limited to, <br />tortuous, contractual, inverse condemnation and other theories or assertions of liability occurring <br />by reason of anything done or omitted to be done by AUTHORITY under this Agreement. <br />g) Neither AUTHORITY nor any officer or employee thereof is responsible for any injury, damage <br />or liability occurring by reason of anything done or omitted to be done by CITY under or in <br />connection with any work, authority or jurisdiction conferred upon CITY and arising under this <br />Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save <br />harmless AUTHORITY and all its officers and employees from all claims, suits or actions of <br />every name, kind and description brought forth under, including, but not limited to, tortuous, <br />contractual, inverse condemnation and other theories or assertions of liability occurring by reason <br />of anything done or omitted to be done by CITY under this Agreement. <br />h) In the event AUTHORITY and the City are found to be comparatively at fault for any claim, <br />action, loss or damage which results from their respective obligations under this Agreement, the <br />AUTHORITY and/or the CITY shall indemnify the other to the extent of its comparative fault. <br />c08161.docx 2 of 10 <br />