AgdaPkt 2017-07-24 Closed and Joint SA FPA

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6.3.C. - Page 32 AGREEMENT 04-2614 Project No. 0414000032 CALTRANS, independent of the PROJECT will pay, or cause to be paid, the cost of HM MANAGEMENT ACTIVITIES related to HM -1 found within the existing SHS right-of-way. 46. CITY, independent of the PROJECT, is responsible for any HMI found within the PROJECT limits and outside the existing SHS right-of-way. CITY will undertake, or cause to be undertaken, HM MANAGEMENT ACTIVITIES related to HMI with minimum impact to the PROJECT schedule. CITY, independent of the PROJECT, will pay, or cause to be paid, the cost of HM MANAGEMENT ACTIVITIES related to HMI found within the PROJECT limits and outside of the existing SHS right-of-way. 47. If HM -2 is found within the PROJECT limits, the public agency responsible for the advertisement, award, and administration (AAA) of the PROJECT construction contract will be responsible for HM MANAGEMENT ACTIVITIES related to HM -2. 48. CALTRANS' acquisition or acceptance of title to any property on which any HMI or HM2 is found will proceed in accordance with CALTRANS' policy on such acquisition. 49. CITY will accept, reject, compromise, settle, or litigate claims of any non - AGREEMENT parties hired to complete CITY OBLIGATIONS. 50. PARTNERS will confer on any claim that may affect OBLIGATIONS or PARTNERS' liability or responsibility under this AGREEMENT in order to retain resolution possibilities for potential future claims. No PARTNER will prejudice the rights of another PARTNER until after PARTNERS confer on the claim. 51. If the PROJECT expends state or federal funds, each PARTNER will comply with the federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards of 2 CFR, Part 200. PARTNERS will ensure that any for-profit party hired to participate in the OBLIGATIONS will comply with the requirements in 48 CFR, Chapter 1, Part 31. When state or federal funds are expended on the PROJECT these principles and requirements apply to all funding types included in this AGREEMENT. 52. PARTNERS will maintain, and will ensure that any party hired by PARTNERS to participate in OBLIGATIONS will maintain, a financial management system that conforms to Generally Accepted Accounting Principles (GAAP), and that can properly accumulate and segregate incurred PROJECT costs and billings. 53. PARTNERS will maintain and make available to each other all OBLIGATIONS - related documents, including financial data, during the term of this AGREEMENT. REV: 07-12-17 PR 8of19 ATTY/AGR.2017.161/Caltrans Co -Op AGR 101/84 PS&E