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and repair, at CITY's expense, any pavement, street improvement, street lighting,
<br />traffic signals, sidewalks, curb and gutter, raised medians and traffic striping and
<br />signage within or on the approaches to the crossing. This work shall be done
<br />pursuant to CPUC General Order 72-B, when applicable. Further, the CITY shall
<br />procure Railroad Protective Liability Insurance when appropriate, as required by
<br />SCRRA guidelines for working within the railroad right of way or within twenty (20)
<br />feet of any track.
<br />12. If in the future, following the completion of the project, the CITY elects to perform
<br />modifications and changes to the crossing or street and sidewalk approaches to
<br />the crossing including widening or replacement of the crossing surface, then CITY
<br />shall obtain approval for the modification or changes from SCRRA and if
<br />applicable from the CPUC and shall reimburse SCRRA for its track, signal and
<br />other related work associated with implementing the CITY'S changes and
<br />modifications.
<br />13. If in the future, CITY elects or is required by competent authority to have SCRRA
<br />raise or lower the grade of all or any portion of the track or tracks located on the
<br />crossing easement, CITY shall at its expense conform the street and highway in
<br />the crossing easement area to conform with the change of grade of the trackage.
<br />In addition, CITY shall also reimburse SCRRA for the cost associated with the
<br />modifications to the grades of the tracks.
<br />14. To reimburse SCRRA for the costs incurred by SCRRA for any additional work
<br />performed within the crossing areas after the PROJECT work is completed, upon
<br />written request or approval of CITY, provided that emergency work deemed
<br />necessary by SCRRA for the immediate restoration of SCRRA operations, or for
<br />protection of persons or SCRRA property or property in care, custody, or control
<br />of SCRRA within or in the vicinity of the crossing areas may be performed without
<br />prior approval and shall be reimbursed by OCTA. SCRRA shall, as soon as
<br />reasonably practicable, notify CITY of said emergency and the nature of the work
<br />performed.
<br />SECTION III
<br />MUTUAL AGREEMENT:
<br />Neither SCRRA, nor any of SCRRA's board members, member agencies, officers,
<br />agents, volunteers, contractors, or employees shall be responsible for any
<br />damage or liability occurring by reason of any acts or omissions on the part of
<br />CITY or CITY Indemnitees (as defined in Paragraph 2 of this Section) under or in
<br />connection with the PROJECT. CITY shall indemnify, defend and hold harmless
<br />SCRRA, as well as its board members, member agencies, officers, volunteers,
<br />and employees ("SCRRA Indemnitees") from any and all liability, loss, expense
<br />(including reasonable attorneys' fees and other defense costs), demands, suits,
<br />liens, damages, costs, claims, including but not limited to, claims for bodily injury,
<br />Grade Crossing Safety Enhancement Project Page 7 of 14 Drafr Construction and Maintenance Agreement
<br />City of Santa Ana 10/17/08
<br />25B-25
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