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• • STATE OF CALIFORNIA Contract No: 75LX204 DEPARTMENT OF TRANSPORTATION Sheet 2 of 10 November 1, 2011 1. It is mutually understood between the parties that this contract may have been written before ascertaining the availability of congressional or legislative appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that might occur if the contract were executed after appropriations are actually made. 2. This contract is valid and enforceable only if sufficient funds are made available to Department by the United States Government or the California State Legislature for the purpose of this program. In addition, this contract is subject to any additional restrictions, limitations, conditions or any statute enacted by the Congress or the State Legislature that may affect the provisions, terms or funding of this contract in any manner. It is mutually agreed that if the Congress or the State Legislature does not appropriate sufficient funds for the program, this contract shall be amended to reflect any reduction of funds. 3. This service contract is for the elimination of hazards at Railroad- Highway intersections (crossings) with funds provided to Department under Section 130, Title 23 USC. Said elimination of hazards is a cooperative effort between Department, Local Agency the California Public Utilities Commission (hereinafter referred to as CPUC) and Railroad. The CPUC has evaluated the railroad highway intersection and determined what improvements are necessary; the Department acts as a conduit for the federal funds to the Local Agency and the Railroad and the Local Agency and Railroad are responsible for building and maintaining the improvements mandated by the CPUC. 4. The total actual allowable costs reimbursable by Department under this Service Contract shall not exceed $191,620.00. 5. The Local Agency will not proceed with any work on the Project, nor be required to purchase any materials, until authorized in writing by Department. Such authorization (hereinafter referred to as Notice to Proceed) shall not be issued by Department until sufficient State or Federal funds have been obligated for the project. State and Federal maximum liability pursuant to this contract is limited to the amount set forth in this contract. 6. The Local Agency agrees to perform the Project work and to provide and furnish all necessary labor, materials, tools, and equipment required therefore, and to prosecute Project diligently to completion. Department and Local Agency agree that the Project work as provided herein is pursuant to Federal rules and regulations and not State law. The Department is acting as a conduit for disbursement of Federal Surface Transportation Program funds for hazard elimination at railroad intersections on city streets, county roads and State Highways. 7. Any person, company or corporation who performs work authorized under terms of this contract must have a valid California contractor's license. All authorized work performed by employees of Local Agency and any CPUC regulated public utility, City, County or Public Service District is not subject to the above contractor's license requirement. 8. Local Agency must coordinate Project work with the railroad that owns or operates the tracks where the intersection is located. APPROVED Caltrans Legal mg 03/2010 44