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S CA REGIONAL RAIL AUTHORITY 2 - 2004
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S CA REGIONAL RAIL AUTHORITY 2 - 2004
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1/3/2012 2:03:01 PM
Creation date
12/10/2004 10:20:29 AM
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Contracts
Company Name
Souther California Regional Rail Authority
Contract #
A-2004-136
Agency
Public Works
Council Approval Date
7/6/2004
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<br />elect to terminate this Agreement without release of any and all rights and remedies <br />available at law or in equity. <br /> <br />ARTICLE 8 <br /> <br />AREAS OF RESPONSIBILITY <br /> <br />8.1 <br /> <br />8.2 <br /> <br />8.3 <br /> <br />8.4 <br /> <br />Upon acceptance of the Project by both the City and SCRRA, the City, at its sole <br />expense, shall be responsible for the operation, maintenance and repair ofthe second side <br />boarding platform and pedestrian bridge structure. The City shall amend Cooperative <br />Agreement No. C-94-859 with the OCT A to include the improvements constructed under <br />the Project. <br /> <br />The Project includes the installation of an inter-track fence with two (2) electronically <br />controlled sliding, lockable gates. The SCRRA, at its sole expense, shall be responsible <br />for the maintenance and repair of the inter-track fence. The City, at its sole expense, <br />shall be responsible for the maintenance and repair of the two (2) electronically <br />controlled sliding, lockable gates. City employees or contractors shall not enter onto the <br />railroad right-of-way to maintain or repair the gates unless the City has received prior <br />permission from SCRRA and made arrangements to comply with all SCRRA safety <br />requirements. <br /> <br />The City shall not be responsible for the repair or maintenance of the Metrolink ticket <br />vending machines, multi-trip ticket validators, public address/changeable message sign <br />system, and SCRRA communications building. The City hereby agrees that it shall not <br />attempt to perform any maintenance, repair or other work on such equipment. <br /> <br />The City, at its sole expense, shall provide and pay for all utilities and other services <br />necessary to operate and maintain the SARTC. Such utilities and services shall include, <br />but not limited to, any electrical, gas, water, sewer, telephone or trash removal service <br />necessary for the operation of the SARTC. <br /> <br />ARTICLE 9 <br /> <br />INDEMNIFICATION <br /> <br />9.1 <br /> <br />The City shall indemnify, defend and hold harmless SCRRA, its Board Members, <br />member agencies, officers, agents, volunteers, contractors and employees from any and <br />all liability, loss expense (including reasonable attorney fees), or claims imposed for <br />injury, damage or death occurring by reason of any alleged acts or omissions on the part <br />of City under or in connection with any work, authority or jurisdiction delegated to City <br />under this Agreement. This indemnity shall survive termination of this Agreement. <br /> <br />9.2 <br /> <br />The SCRRA shall indemnify, defend and hold harmless City, Council Members, officers, <br />agents, contractors and employees of the City of Santa Ana from any and all liability, loss <br />expense (including reasonable attorney fees), or claims imposed for injury, damage or <br />death occurring by reason of any alleged acts or omissions on the part of SCRRA under <br />or in connection with any work, authority or jurisdiction delegated to SCRRA under this <br />Agreement. This indemnity shall survive termination of this Agreement. <br /> <br />Agreement between City of Santa Ana and the Southern <br />California Regional Rail Authority for Construction and <br />Maintenance of Station Platform and Pedestrian Bridge <br /> <br />3 <br />
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