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REV: 05-25-17 PR ATTY/AGR/2017.122/CALTRAIN – RAILROAD CONSTRUCTION AND MAINTENANCE AGREEMENT Page 1 of 7 RAILROAD CONSTRUCTION AND MAINTENANCE AGREEMENT CALTRAIN GRADE CROSSING IMPROVEMENTS IN THE CITY OF REDWOOD CITY This Railroad Construction and Maintenance Agreement (the “Agreement”) is entered into this _______ day of XXXXXX 2017, by and between the Peninsula Corridor Joint Powers Board, a public agency (“JPB ” or “Railroad”), and the City of Redwood City, a charter city and municipal corporation (“City”). RECITALS A. City is a charter city and a duly established municipal corporation organized and existing under the laws of the State of California. JPB is a public agency organized and existing under the laws of the State of California. B. JPB is the owner of the railroad right-of-way, and specifically that certain real property, fixtures and facilities located in the City between Railroad Mile Posts 24.80 and 25.85 (the “Right-of-Way”). City owns and maintains certain streets and related improvements in the vicinity of the Right-of-Way. C. City wishes to cooperate with Railroad in the design, construction and maintenance of improvements to existing grade crossings in the City located at Whipple Ave (CPUC No. 105E- 24.80; U.S. DOT No.754935A), Broadway (CPUC No. 105E-25.40; U.S. DOT No.754937N), and Main St (CPUC No. 105E-25.80; U.S. DOT No.754941D) (the “Crossings”). These safety improvements are specified in JPB Construction Contract 17-J-C-043 Caltrain Grade Crossings Improvements in Redwood City and all attachments, exhibits and addenda thereto (“Construction Contract”), and plans submitted to and approved by the California Public Utilities Commission under its General Order 88-B (the “Project”). The safety improvements include: 1. Install new cantilever signal; 2. Install new pedestrian gate arms and swing gates; 3. Install new pavement markings and markers; 4. Install a 10 wire interconnect to traffic signal; 5. Install new guard railings; and 6. Install new signage. D. For purposes of this Agreement, the term “Improvements” shall include the Project as defined above and all ancillary work, including without limitation: changes to telecommunications, signal, and electrical lines and appurtenances thereto; relocation of all utilities and pipelines of any kind; construction of grading; drainage; and access roadways to the Right-of-Way; preliminary and design engineering; and all other work of every kind and character necessary to complete the Project. 6.1.B. - Page 4