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UPRR REMS <br />Project 770442 <br />AUTHORIZATION FOR CROSSING IMPROVEMENTS <br />Effective Date: <br />Agency: CITY OF REDWOOD CITY, CALIFORNIA <br />THIS AUTHORIZATION FOR CROSSING IMPROVEMENTS ("Agreement") is made <br />and entered into as of the Effective Date above, by and between UNION PACIFIC RAILROAD <br />COMPANY, a Delaware corporation ("Railroad"), and AGENCY ("Agency"). <br />RECITALS <br />In accordance with the terms and conditions of this Agreement, Agency and Railroad <br />desire to improve the existing, at -grade crossing area ("Project") along, over and across <br />Railroad's track and right of way, as such crossing area is more particularly described on <br />Exhibit A attached hereto and made a part hereof ("Crossing Area"). <br />AGREEMENT <br />NOW THEREFORE, the parties hereto agree as follows: <br />1. Railroad agrees to perform the Project work described on Exhibit B attached <br />hereto the ("Railroad Work"). Railroad's estimated cost for the Railroad Work is included on <br />Exhibit C attached hereto ("Estimate") and may include without limitation costs of engineering <br />review, construction, inspection, flagging, procurement and delivery of materials, equipment <br />rental, manpower and all direct and indirect overhead labor/construction costs, including <br />Railroad's standard additive rates. Such standard additive rates may be subject to upward or <br />downward adjustment based on industry standards and practices, and the parties acknowledge <br />and agree that any such adjustment to standard additive rates may be made retroactively. <br />2. Agency has appropriated sufficient funds to complete the Project and shall <br />reimburse Railroad for costs incurred by Railroad in connection with the Railroad Work in <br />accordance with Exhibit D attached hereto. <br />3. If Agency will be performing any Project work, such work is described on <br />Exhibit B attached hereto ("Agency Work"). Agency shall perform the Agency Work, if any, at <br />its sole cost, and Railroad consents to Agency (or any contractor or other agent hired by <br />Agency) performing the Agency Work within the Crossing Area, subject to complying with the <br />terms and conditions of this Agreement. Railroad's consent shall not be deemed to grant <br />Agency (or any contractor or other agent hired by Agency) any property interest in the Crossing <br />Area or other Railroad property. <br />4. If Agency hires a contractor or other agent to perform the Agency Work, Agency <br />shall require such contractor or agent to execute Railroad's then current form of Contractor's <br />Right of Entry Agreement and to comply with the requirements set forth therein. <br />5. No work of any kind shall be performed, and no person, equipment, machinery, <br />tools, materials, vehicles or other items shall be located, operated, placed or stored within <br />twenty-five (25) feet of any track at any time for any reason except as otherwise provided <br />