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• STATE OF CALIFORNIA Contract No: 75LX204 DEPARTMENT OF TRANSPORTATION Sheet 3 of 10 November 1, 2011 9. Local Agency will secure all legally required and necessary permits and approvals before commencing Project construction. 10. Where Project work is in conjunction with work done by Railroad, Railroad will construct railroad track and signal work to its own standard specifications, Local Agency will not perform any work on the Railroad tracks or within railroad right of way without securing written permission from the railroad. Project work done within twenty-five feet of the centerline of the Railroad's nearest track may require a Railroad employee to protect the workers of Local Agency or its contractors. This provision is pursuant to Federal Law and must be clearly agreed to in writing between Local Agency and Railroad before commencement of Project work at the railroad- highway intersection. A copy of this agreement between Railroad and Local Agency shall be provided to Department by Local Agency as soon as it is executed. 11. The Department will reimburse the Local Agency on the basis of actual cost, not to exceed the Project cost herein. Any cost of the work determined by the Department to be not reimbursable, shall be borne by Local Agency. Indirect overhead charges will not be allowed unless Local Agency has an Indirect Cost Rate Proposal approved by Department's Audits and Investigations. 12. Any warning devices medians, signs, pavement markings, structures or other improvements, which may be installed in conjunction with Project, shall be located as agreed upon between Railroad and the California Public Utilities Commission and as approved by the Federal Highway Administration (FHWA). Such locations are indicated in Exhibit A hereto. 13. Guidance, regulatory, warning and temporary traffic control signs, curb and pavement, or other markings and traffic signals installed or placed on any project constructed with federal funds shall conform to the Manual of Uniform Traffic Control Devices (MUTCD) and its California Supplement (CAMUTCD). Deviations from the Mandatory Standards for signs, markings, and traffic signals as defined and shown in the MUTCD and CAMUTCD are not permitted. 14. Local Agency invoice procedures shall conform to the California State Department of Transportation, Division of Rail, Railroad Crossing Safety Branch's Invoice Guidelines for Local Agencies. Correspondence and/or invoices are to be sent to: California Department of Transportation, Division of Rail, P. 0. Box 942874, MS 74, Sacramento, California 94274, if by U.S. Mail. If by courier, then address invoice to: California Department of Transportation, Division of Rail, 1415 1 to Street, MS 74, Sacramento, California 95814. 15. Not more frequently than once a month, but at least quarterly, Local Agency will prepare and submit to Department invoices for actual allowable costs incurred consistent with the Exhibit A attached hereto. Department will review the invoice for compliance with this contract. Provided contract terms are complied with, payment will be made by Department to Local Agency within forty -five (45) days of the date of receipt of an invoice by Department. Invoices which are determined not be in compliance will be returned to Local Agency for correction of deficiencies, after which Local Agency will resubmit the invoice to Department as prescribed above. 16. The Local Agency, upon completion of the Project work, will provide to Department a written declaration/notification that the Project has been final billed and ready to be closed. APPROVED. Caltrans Legal mg 032010