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<br />4. To handle maintenance costs of the railroad crossing warning signals and signal controls
<br />in accordance with California Public Utilities Code ("CPUC") gI202.2, except that
<br />CITY's liability thereof shall be limited to such funds as may be set aside for allocation
<br />through the California Public Utilities Commission ("the Commission") pursuant to
<br />CPUC g1231.1 and SCRRA shall submit to the Commission invoices for CITY's share of
<br />the maintenance costs of the railroad crossing warning signals and signal controls.
<br />
<br />SECTION II
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<br />CITY AGREES:
<br />
<br />I. To design and construct a raised median and minor sidewalk channelization required to
<br />complete Crossing Work, as set forth in Exhibit A, attached hereto and incorporated by
<br />this reference.
<br />
<br />2. To execute and deliver to SCRRA, prior to commencing any work within the rail right-
<br />of-way, SCRRA Form No.6 (Temporary Right-of-Entry agreement), and deliver and
<br />secure approval of the insurance required by the two exhibits attached to SCRRA Form
<br />No.6. If CITY retains a contractor to perform any work within the rail right-of-way,
<br />then CITY shall incorporate in its contract documents SCRRA Form No.6 and SCRRA
<br />Form No. 37 (Rules and Requirements for Construction on Railway Property), attached
<br />hereto as Attachment I and Attachment 2, respectively.
<br />
<br />3. To handle maintenance costs of the railroad crossing warning signals and signal controls
<br />in accordance with CPUC g1202.2 of the California state statutes, except that CITY's
<br />liability thereof shall be limited to such funds as may be set aside for allocation through
<br />the Commission pursuant to CPUC g 1231.1 and SCRRA shall submit to the Commission
<br />invoices for CITY's share of the maintenance costs of the railroad crossing warning
<br />signals and signal controls.
<br />
<br />SECTION III
<br />
<br />MUTUAL AGREEMENT:
<br />
<br />I. Neither SCRRA, nor the operating railroads, nor any of SCRRA's board members,
<br />member agencies, officers, agents, volunteers, contractors, or employees shall be
<br />responsible for any damage or liability occurring by reason of any acts or omissions on
<br />the part of CITY under or in connection with any work, authority or jurisdiction
<br />delegated to CITY under this MOU. CITY shall indemnify, defend and hold harmless
<br />SCRRA, any operating railroads, as well as their respective board members, member
<br />agencies, officers, agents, volunteers, contractors, and employees ("SCRRA
<br />Indemnitees") from any and all liability, loss, expense (including reasonable attorneys'
<br />fees and other defense costs), demands, suits, liens, damages, costs, claims, including but
<br />not limited to, claims for bodily injury, death, personal injury, or property damage, that
<br />are incurred by or asserted against the SCRRA Indemnitees arising out of or connected
<br />with any negligent acts or omissions on the part of CITY, its council, officers, agents,
<br />contractors, or employees under or in connection with any work, authority or jurisdiction
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