S CA REGIONAL RAIL AUTHORITY 1 -2004

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6. To execute and deliver to SCRRA, prior to commencing any work within the rail right-of-way, SCRRA Form No. 6, and deliver and secure approval of the insurance required by the two exhibits attached to SCRRA Form No.6. If CITY retains a contractor to perform any of work within the rail right-of-way, then CITY shall incorporate in its contract documents SCRRA Form No.6 (Right-of-Entry agreement) and SCRRA Form No. 37 (Rules and Requirementsfor Construction on Railway Property). CITY shall be responsible to make sure that the contractor has an approved and executed copy ofSCRRA Form No.6 and delivered and secured approval of the insurance required by the two exhibits attached to SCRRA Form No.6 prior to the contractor's entry on the rail right-of- way. 7. To comply and ensure that its contractor complies, at all times when on the rail right-of-way, with the rules and regulations contained in the current editions of the following documents which are "references" incorporated in this document as if they were set in full in this paragraph. These documents can be accessed through SCRRA's website www.metrolinktrains.com. Sub-Sections "About MetroIink" and then "Public ProjectsÆngineering". . Right-of-Entry agreement, SCRRA Form No.6 Rules and Requirements for Construction on Railroad Property, SCRRA Form No. 37 General Safety Regulations for Construction/Maintenance Activity on Railway Property SCRRA Engineering Standards . . . 8. To comply and to ensure that its contractor complies with instructions of SCRRA's inspectors and representatives, in relation to the proper manner of protection of the tracks and the traffic moving thereon, pole lines, signals and other property of SCRRA or its member agency tenants or licensees at or in the vicinity of the work during this PROJECT, and shall perform the work at such times as not to endanger or interfere with safe and timely operation ofSCRRA's track and other facilities. 9. To make all necessary arrangements at CITY's expense for the protection, relocation or removal of any public or private utility facility that conflicts with the PROJECT. 10. To construct at CITY's expense the PROJECT consisting in part the grade crossing pavement, approaches, curb, sidewalks, gutter and raised median islands up to SCRRA's crossing surface panels as shown in the PROJECT plans. CITY at its expense shall install railroad advance warning signs and railroad crossing pavement markings on the approaches in advance of the crossing as per State of California Vehicle Code, Section 21362, Caltrans and the Manual of Uniform Traffic Control Devices (MUTCD) requirements. The curb shall be full height up to IS-foot from the centerline of the nearest track. The curb shall then transition from full height to zero height within the next five feet and shall have zero height IO-foot from centerline of the track. The roadway and sidewalks shall be constructed of asphalt concrete in the area located 10-foot from the centerline of the nearest track and the concrete field panels. I I. To coordinate preemption operation if necessary at this crossing located adjacent to signalized highway intersection with SCRRA and the CPUC for new grade crossing construction and existing grade crossing modifications. If preemption is provided, the nonnal sequence of traffic control signal indications shaIl be preempted upon approach of (rains to avoid entrapment of vehicles on the highway-rail grade crossing by conflicting aspects of the traffic control signals and the highway-rail grade crossing flashing-light signals (MUTCD Section 8D.07). The CITY shall provide information on the type of preemption, preemption time, right-of-way transfer time and queue clearance time to SCRRA and the CPUC. 12. To remove existing pavement, if necessary, and construct at CITY's expense asphalt pavement for those portions of the roadway and approaches located between two or more tracks. The roadway pavement and raised medians shall be built in coordination with SCRRA's Signal Department so that SCRRA may locate cables or lay conduit for the flashing light signals from SCRRA's signal house. Storm drains shall be extended to match the widened street and drainage shall be modified accordingly. 13. To arrange for one weekend full street closure of the grade crossing to vehicular traffic during SCRRA's signal and track work, including all necessary traffic control devices, barricades and delineators (and to advise emergency agencies and the public of the closure of the crossing prior to the closure). Grand A venue Improvement project Crossing No. 101 OR-176.20 -3- Construction and Maintenance Agreement 04/07/04