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D. Following execution of this Agreement, Railroad will order the <br />delivery of all materials required to perform the work contemplated herein. <br />When the crossing surface has been place in operation, Railroad shall submit <br />to City a detailed invoice for City's share of the estimated cost of applicable <br />material furnished and installed by Railroad. <br />F. The work to be performed by Railroad shall be commenced as soon as <br />labor and materials are available following execution of this instrument. <br />2. OBLIGATIONS OF CITY <br />A. City shall reimburse Railroad for costs associated with the installation <br />of 200 feet of concrete panel crossing and temporary paving, in an amount <br />not to exceed Thirty -Five Thousand Eight Hundred Twenty -Nine Dollars <br />and Seventy Cents (S35,829.70), attached hereto as Exhibit B, and made a <br />part hereof. <br />B. City will provide traffic control and roadway paving. <br />C. City payment shall be made thirty-five (35) days after final inspection <br />and acceptance of all work to be performed, following receipt of invoice <br />evidencing work performed and satisfactory release of liens or claims for <br />liens by Contractor, subcontractors, laborers, and material suppliers for <br />completed work or installed materials. <br />3. INDEPENDENT CONTRACTOR <br />It is understood and agreed that Railroad shall, during the entire term of this <br />Agreement, be acting in a wholly independent capacity and not as agent, <br />employee, partner or joint venture of the City. This Agreement is not <br />intended nor shall it be construed to allow the City to exercise discretion or <br />control over the professional manner in which Railroad performs the <br />services which are the subject matter of this Agreement; however, the <br />services to be provided by Railroad shall be provided in a manner consistent <br />with all applicable standards and regulations governing such services. <br />4. INSURANCE <br />City acknowledges that Railroad will be performing the work set forth in <br />Section 1 and that Railroad is self -insured and will be self -insuring all risks <br />under this Agreement. <br />5. INDEMNIFICATION <br />Railroad shall indemnify, defend and hold harmless the City of Santa Ana, <br />its officers, employees, agents, consultants and representatives from and <br />