(a) An operator under contract for the design, construction, operation, or maintenance of a transit project shall indemnify this state, a local governmental entity, a utility, or a private party from any damages to real or personal property or otherwise arising from the actions, omissions, or negligence of the operator.
(b) The state, the authority, a department or agency of this state, a local governmental entity, a utility, or a private party is not liable for damages arising from the actions, omissions, or negligence of an operator performed pursuant to a contract or agreement for the design, construction, operation, or maintenance of a transit project.