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Dist. Agmt. No. 4-1080-C <br /> <br />construction costs, pursuant to Article (11) of Section II of <br />this Agreement, STATE's share of the estimated cost of said pro- <br />tection, relocation or removal, engineering overhead and in- <br />spection. The cost, if any~of upgrading said utilities shall be <br />at the sole expense of CITY. <br /> <br /> (10) Pursuant to the authority contained in Section <br />591 of the Vehicle Code, STATE has determined that within such <br />areas as are within the limits of the project and are open to <br />public traffic, CITY shall comply with all of the requirements <br />set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle <br />Code. CITY shall take all necessary precautions for safe opera- <br />tion of CITY's vehicles, the construction contractor's equipment <br />and vehicles and/or vehicles of the consultants retained by CITY <br />and for the protection of the traveling public from injury and <br />damage from such vehicles and equipment. <br /> <br /> (11) In the event CITY fails to pay CITY's contractor <br />for work properly completed within the time period specified in <br />CITY's contract, or if CITY's contractor fails to prosecute the <br />contract to construct PROJECT within the terms thereof, STATE may <br />thereafter take over and complete PROJECT in the most expeditious <br />manner availaSle. In this event CITY shall immediately refund to <br />STATE any amount of STATE's deposits CITY is holding less any <br />expenditures incurred by CITY prior to date of said takeover. <br /> <br /> (12) That upon completion of all work under this <br />Agreement, ownership and title to all materials, equipment and <br />appurtenances installed will automatically be vested in CITY. <br /> <br /> -15- <br /> <br /> <br />