SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY (SCRRA) (2) - 2008

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and /or approval as provided herein, SCRRA may eliminate those affected crossings from the PROJECT at SCRRA's sole discretion. SCRRA will however, advise the CITY of its decision to do so, in an attempt to come to a resolution prior to eliminating any crossings from the program. With respect to this paragraph, timely shall mean thirty (30) calendar days or less. 2. To provide timely written approval and sign off by an authorized CITY representative of the Final Design PROJECT plans, prior to SCRRA initiating PROJECT construction. Upon receipt of SCRRA's written notification that the PROJECT has been completed, the CITY will provide timely written acceptance and approval by an authorized CITY representative of the PROJECT, and SCRRA shall deliver to the CITY a complete set of as -built plans, including any street, sidewalk, traffic signal and other related PROJECT changes or improvements under jurisdiction of the CITY. The final as -built plans shall be submitted on 24" x 36" high quality mylar and on computer CD -ROM or DVD. The as -built plans shall be approved in accordance with the PROJECT schedule. For the purpose of this paragraph, timely means within thirty (30) calendar days. 3. To review and approve in writing traffic signal modifications, pre - signals and queue -cutter signals and preemption criteria and calculations submitted by SCRRA's design consultant(s) within thirty (30) days of submittal. 4. To allow each grade crossing to be fully closed, following issuance of an encroachment permit by the City, for not more than fifty -six (56) hours over a weekend period on two (2) occasions to perform the necessary work for the PROJECT. SCRRA shall advise emergency agencies and the public of the closure of the crossing seven (7) days in advance of the closure, including providing all necessary temporary traffic control devices, and continue such closure until the signal and track work is completed by SCRRA. No more than two consecutive grade crossings shall be closed at any given time without prior written approval from the CITY. 5. Attend diagnostic meeting(s) with CPUC, FRA, and OCTA, and other operating railroads as necessary to complete CPUC applications. 6. To acquire right of way and /or Temporary Construction Easements ( "TCE's "), and /or property and rights, in the event any right of way, TCE, and /or property rights are deemed by CITY and /or SCRRA to be necessary for the construction, maintenance and use of the property and its appurtenances, or for the performance of any work in connection with the PROJECT. The CITY is responsible for securing any and all environmental clearances required for the PROJECT under the California Environmental Quality Act ( "CEQA "). 7. Upon SCRRA's notification to the CITY of completion of the PROJECT, the CITY may establish a quiet zone within its jurisdictional boundaries pursuant to the FRA requirements and SCRRA's Quiet Zone Implementation Guidelines and Procedures (SCRRA's Quiet Zone Implementation Guidelines), adopted April Grade Crossing Safety Enhancement Project Page 5 of 14 Construction and Maintenance Agreement City of Santa Ana