S CA REGIONAL RAIL AUTHORITY 1 -2004

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detection and signal control circuitry, track circuits and other equipment necessary to make the four crossing signals function as a system. SCRRA shall install additional 48-foot long rubber panels for the two main line tracks (24-foot each track). SCRRA shall improve the existing two main line tracks by replacing the existing ties, other track materials, tie plates, spikes, ballast and other incidental material necessary to improve the condition of the tracks in the area of rubber panel installation. 2. To perform the RAILROAD WORK as soon as practicable, considering availability of SCRRA materials and SCRRA manpower, after notification by CITY that it is ready to proceed with the PROJECT. SCRRA forces ordinarily engaged in the operation and maintenance of a main line railroad shall perform the work and, therefore, scheduling of the work is subject to change due to operational issues, weather, accidents, emergencies and Federally-mandated inspections and maintenance. Notwithstanding the foregoing, SCRRA agrees to complete the RAILROAD WORK within 120 days of the start of construction, provided that said 120 days deadline shall be automatically extended due to events of force majeure, as described in Paragraph 10 of Section III of this AGREEMENT. 3. To operate and physically maintain the RAILROAD WORK so long as it remains in place. 4. To maintain, repair and renew the crossing area between lines two (2) feet outside of the rails of each track. When two or more tracks are involved, SCRRA shall maintain, at its expense, the area between the tracks where the distance between the center lines of tracks is fifteen (15) feet or less measured at the center line of the highway, normal to the tracks. This work shall be done pursuant to CPUC General Order 72-B. 5. To share equally with CITY the maintenance cost of the railroad crossing warning signals and signal controls in accordance with CPUC Code §1202.2 of the California state statutes, except that CITY's liability thereof shall be limited to such funds as may be set aside for allocation through the CPUC pursuant to CPUC Code § 1231.1. SCRRA shall submit to CPUC invoices for CITY's share of the maintenance costs of the railroad crossing warning signals and signal controls. 6. To submit invoices to CITY for payment of cost and expense incurred by SCRRA and its contractors and consultants in connection with the PROJECT and the RAILROAD WORK on the basis of items set forth in Attachment B attached hereto and made a part hereof. SECTION II CITY AGREES: I. To prepare the plans, specifications, cost estimates, to obtain all required permits and approvals, and to administer the construction contract for the PROJECT, all at CITY expense. To furnish at CITY expense all necessary labor, material and equipment to construct and complete the PROJECT. All work performed within the limits of the rail right-of-way shall be performed in a good and workmanlike manner and in accordance with plans and specifications approved by SCRRA. Changes or modification during construction that affect the rail right-of- way, or SCRRA or its member agency's property shall also be approved by SCRRA. 2. To obtain and comply with any and all approvals, permits, licenses and other authorizations applicable laws, regulations, rules and ordinances, including obtaining permits ITom the CPUC commencement of any work within the rail right-of-way. required by prior to the 3. To act as the lead agency on all planning, zoning, environmental approval and permitting activities required by State law. 4. To submit two sets of plans and specifications to SCRRA for approval prior to commencement of each phase of construction ofthe PROJECT. CITY shall require its contractor(s) to furnish SCRRA two sets of plans and two sets of calculations for any shoring or cribbing that may be planned for use over, under or adjacent to the tracks in the rail right-of-way 5. To obtain from SCRRA's member agency, OCT A, prior to commencing any work, all necessary real estate penn its, licenses or easements in order for CITY and its contractor to enter and perform work within the rail right-of-way. Grand Avenue Improvement project Crossing No. 101 OR.176.20 -2 - Construction and Maintenance Agreement 04/07/04