R2002-119 AUTHORIZING EXECUTION OF AGREEMENT

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upon approach or presence of a train. CITY, at its sole expense,will terminate its cable at junction box and configure the preemption circuit with its system whereby a failure will not cause an unsafe condition in the opinion of RAILROAD. SECTION 3. All required installation work at the R.AILROAD'S preemption circuit in accordance with the plans approved by the parties pursuant to this Agreement, related railroad protective services (including flagmen and watchpersons), and preliminary and construction engineering design and review, in connection with the Project, shall be performed with its own forces or its contractors. RAILROAD shall indicate in its estimate the items of work to be accomplished under such contract or contracts and list in each estimate the names of each contractor whose services will be used to perform the work. CITY shall perform or cause to be performed, at CITY'S sole cost and expense, all other work in connection with the Project, including the installation of its highway safety traffic system and related cable up to the RAILROAD'S designated preemption circuit, in accordance with the plans approved by the parties pursuant to this Agreement. All work performed by CITY and its contractors or consultants within the vicinity of or upon the property of RAILROAD shall be conducted subject to the instructions of RAILROAD, in accordance with its safety and operations policies, practices, rules and regulations. No work shall be performed by CITY or its contractors on RAILROAD property without the prior approval of RAILROAD. SECTION 4. The RAILROAD will not begin to work without written authorization from the CITY to proceed. Upon receipt of authorization, the RAILROAD shall promptly begin the work set forth in this Agreement. SECTION 5. CITY sha11 reimburse RAILROAD for all of the costs incurred by R.AILROAD for work on the project to be performed by RAILROAD, in accordance with the cost criteria set forth