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<br />" <br />.,' <br /> <br />N-2005-103 <br /> <br />, <br /> <br />MEMORANDUM OF UNDERSTANDING <br />McFadden Avenue Section 130 Highway-Rail Grade Crossing Safety Enhancement Project <br /> <br />This Memorandum of Understanding ("MOU") is made and entered into on this 18th day of <br />August, 2005, by and between the City of Santa Ana, a charter city and municipal corporation <br />duly organized and existing under the Constitution and laws of the State of California, <br />hereinafter referred to as "CITY", and the Southern California Regional Rail Authority, a joint <br />powers authority existing under the laws of the State of California, hereinafter referred to as <br />"seRRA". <br /> <br />RECITALS <br /> <br />SCRRA entered into a Service Contract No. 75LX021 with the State of California Department of <br />Transportation, (hereinafter "CALTRANS") to install at-grade crossing safety devices at the <br />McFadden Avenue Crossing, the California Public Utilities Commission ("CPUC") No. 101 OR- <br />176.70, the United States Department of Transportation ("DOT") No 026743A, in the City of <br />Santa Ana in September 2004. The funding for the crossing safety improvements is provided <br />under Title 23, United States Code, Section 130 (23 U.S.C. 130), the "Section 130 Program". <br />Said devices include constant time warning devices, simultaneous preemption, LED flashing <br />light signals, CPUC Standard No.8 (flashing-light signals) warning devices on the southeast and <br />northwest quadrant of the crossing for pedestrians and new signal cabinet (hereinafter "Crossing <br />Work "). <br /> <br />CITY agreed to design and construct a raised median and minor sidewalk channelization work in <br />conjunction with Crossing Work. <br /> <br />CITY and SCRRA desire to cooperate and complete Crossing Work and CITY's median and <br />sidewalk work as set forth in Exhibit "A", and desire to specify the terms and conditions under <br />which Crossing Work is to be implemented, designed, constructed, financed, operated and <br />maintained. <br /> <br />SECTION I <br /> <br />SCRRA AGREES: <br /> <br />1. To provide and obtain necessary railroad permits and easements for Crossing Work, and <br />design and construct the signal upgrades to 12" LED, install additional CPUC Standard <br />No.8 railroad signals and upgrade the cabinet as appropriate and required by the Service <br />Contract with CALTRANS. <br /> <br />2. To maintain responsibility for the Crossing Work including budgeting, final costs and <br />quarterly reporting. <br /> <br />3. Pay CITY $53,232 for the raised median work provided by CITY, with a contingency of <br />$13,308, for an amount of $66,540. If CITY requests additional funding, SCRRA will <br />request service contract supplement from Caltrans for the additional funding. <br /> <br />Page I <br /> <br />08/12/05 <br />