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SCRRA and "Operating Railroads" [as used herein "Operating Railroads means any other <br />passenger or freight - related railroad company(s) operating on SCRRA track(s), including <br />the National Railroad Passenger Corporation ( "AMTRAK "), the Union Pacific Railroad <br />Company ( "UPRR "), and the BNSF Railway Company ( "BNSF ")], operate trains and rail <br />equipment through the crossing locations on tracks and right -of -way owned by OCTA. <br />CITY and SCRRA desire to cooperate and complete the PROJECT with the least amount <br />of disruption to vehicle and rail traffic. <br />AGREEMENT <br />In consideration of the promises and mutual understandings of the parties hereto, <br />SCRRA and the CITY agree as follows: <br />SECTION I <br />SCRRA AGREES: <br />To manage and oversee the design, construction, construction management <br />(including inspection and materials testing and the preparation of traffic control <br />and detour plans), and cause the completion of the PROJECT, in accordance with <br />the approved PROJECT Plans and Specifications, as well as to manage, <br />coordinate and exercise control over all activities of SCRRA's employees, agents, <br />consultants, contractors, suppliers, and vendors. <br />2. To submit milestone plans (30 %, 60 %, and 100°/x, and Final Design) to the City <br />for approval of improvements to be constructed in City right of way or jurisdiction <br />during construction, SCRRA traffic pre - emption timing requests, and grade <br />crossing closure requests, including temporary traffic control plans, to perform the <br />work included in the PROJECT. <br />3. To provide cost estimates for the PROJECT (30 %, 60 %, and 100°/x, and Final <br />Design) to the CITY for approval. The costs based on 100% design are as shown <br />on Exhibit B (Project Cost Estimate) attached hereto and made a part hereof. <br />4. To include in its Contract Task Order ( "CTO ") with the design consultant, design <br />services to determine the need for pre - signals and queue- cutter signals, traffic <br />signal modifications, and preemption criteria and calculations, in order to assist <br />the CITY to meet the schedule of this PROJECT. SCRRA will provide to the CITY <br />as a part of the milestone plan submittals, traffic signal design (pre - signal and <br />queue- cutter signals), traffic signal modification design, preemption calculations <br />and other ancillary services related to the CITY traffic signals. <br />5. Conduct diagnostic meeting(s) with CPUC, OCTA, and the CITY and other <br />Operating Railroads as necessary to complete CPUC applications. <br />Grade Crossing Safety Enhancement Project Page 3 of 14 Construction and Maintenance Agreement <br />City of Santa Ana <br />