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<br />A-2004-082 <br /> <br />G : {JW~ <br />eJ:~'lfâ~J <br /> <br />CONSTRUCTION AND MAINTENANCE AGREEMENT <br />For At-Grade Public Highway-Rail Crossing <br />Grand Avenue <br /> <br />CPUC Crossing No. 10IOR-176.20 <br />DOT Crossing No. 02674lL <br />SCRRA File No. 50000344 <br />SCRRA Recollectable No. <br /> <br />This Construction and Maintenance Agreement ("AGREEMENT") is made and entered into on this .3 ~ day <br />of~, 2004, by and between the City of Santa Ana, a charter city and municipal corporation duly organized <br />and existil~g under the laws of the State of California, hereinafter referred to as "CITY", and the SOUTHERN <br />CALIFORNIA REGIONAL RAIL AUTHORITY, a joint powers authority existing under the laws of the State of <br />California, hereinafter referred to as "SCRRA": <br /> <br />RECITALS <br /> <br />SCRRA is a five-county joint powers authority, created pursuant to California Public Utilities Code Section 130255 and <br />California Government Code Section 6500 et seq., to build, maintain and operate the "Metro link" commuter train system. <br />The five-county member agencies are comprised of the following: Los Angeles County Metropolitan Transportation <br />Authority (MTA), Ventura County Transportation Commission (VCTC), Orange County Transportation Authority <br />(OCT A), San Bernardino Associated Governments (SANBAG), and Riverside County Transportation Commission <br />(RCTC). SCRRA builds, operates and maintains a commuter rail systems in the five-county area on rail rights-of-ways <br />owned by the member agencies. For this project, the owner of the rail right-of-way is OCT A. <br /> <br />Grand Avenue grade crossing crosses the Orange subdivision by an at-grade crossing and is identified as Crossing No. 101 <br />OR-176.20. It is assigned U. S. Department of Transportation No. 026741L. At this crossing location, SCRRA member <br />agency, OCT A, owns the rail right-of-way. SCRRA, the National Railroad Passenger Corporation (AMTRAK) and the <br />Burlington Northern Santa Fe Railway Company (BNSF) operate trains along the right-of-way. <br /> <br />CITY has approved a project to design, construct, maintain and operate Grand A venue public highway rail grade crossing, <br />hereinafter referred to as the "PROJECT", as shown on Attachment A attached hereto and made a part hereof. <br /> <br />In conjunction with the PROJECT, SCRRA, at CITY's sole cost and expense, agrees to design, construct and maintain a <br />railroad grade crossing automatic signal protection system and railroad track structure and surface system, hereinafter <br />referred to as the "RAILROAD WORK". <br /> <br />CITY and SCRRA desire to cooperate and complete the PROJECT and RAILROAD WORK with the least amount of <br />disruption to vehicle and rail traffic. <br /> <br />AGREEMENT <br /> <br />In consideration of the promises and mutual understandings of the parties hereto, SCRRA and CITY agrees as follows: <br /> <br />SECTION I <br /> <br />SCRRA AGREES: <br /> <br />I. <br /> <br />To construct the RAILROAD WORK, at CITY's expense, consisting of installation of two (2) California Public <br />Utilities Commission, hereinafter referred to as "CPUC" Standard NO.9 (highway crossing flashing-light signal <br />assembly with automatic gates and bells), conforming with CPUC requirements contained in CPUC General <br />Order 75-C on the median islands, replacement and relocation of existing one (1) Standard No.9 with Standard <br />No. 9A (highway crossing flashing-light signal assembly with automatic gates and bells type with cantilever ann <br />with additional flashing-lights units) on the northwest side of the crossing and replacement of existing Standard <br />No.9 with Standard No. 9A on the southeast side of the crossing. SCRRA shall install signal house, train <br /> <br />Grand Avenue Improvement project <br />Crossing No. 101 OR~176.20 <br /> <br />-1- <br /> <br />Construction and Maintenance Agreement <br />04/07/04 <br />