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A-2004-182
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ORANGE COUNTY TRANSPORTATION AUTHORITY (OCTA)
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A-2004-182
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Last modified
1/3/2012 2:32:52 PM
Creation date
1/25/2005 10:32:36 AM
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Contracts
Company Name
e County Transportation Authority
Contract #
A-2004-182
Agency
Public Works
Council Approval Date
9/7/2004
Expiration Date
7/31/2014
Destruction Year
2019
Notes
A-2002-147
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<br />detailed herein; (ii) have previously received aCTA's and SCRRA's written approval to <br />acœss the License Property to perform such day-to-day maintenance; (iii) comply with all <br />aCTA and SCRRA requirements at all times while on the License Property, and (iv) <br />perform all such maintenance work from entirely within the License Property. <br /> <br />4.4. As-Built Drawinas. Within ninety (90) days after the substantial completion <br />of the construction and installation of the Facility, Licensee shall deliver to OCTA, for <br />aCTA's review and approval, two (2) full sets of as-built drawings for the Facility (the "As- <br />Built Drawings"). The As-Built Drawings are subject to the review and approval of aCTA, <br />and shall be developed, altered and/or changed so as to meet the requirements of aCTA. <br />At a minimum, however, such As-Built Drawings must: (i) be substantially of the form of <br />the Work Plans approved by OCTA and SCRRA; (ii) include all changes to the Work Plans <br />which were approved, in writing, by aCTA; (iii) show all improvements and construction <br />performed by Licensee, or caused to be performed by Licensee, on the License Property; <br />(iv) clearly indicate and label the area of the License Property; (v) show the centerline of all <br />railroad tracks existing on the aCTA Property as of the date that construction and <br />installation of the Facility was substantially complete; and (vi) show, to scale, on all <br />overhead and cross section drawings the boundaries of the License Property, and the <br />Facility with respect to the centerline of the mainline railroad track existing on the aCTA <br />Property as of the date that construction and installation of the Facility was substantially <br />complete. To the extent that the As-Built Drawings indicate or show that the Facility has <br />not been constructed pursuant to the Work Plans approved by aCTA or any change <br />thereto approved by aCTA, Licensee shall, at the request of aCTA or SCRRA, rebuild, <br />reconstruct and/or reinstall the facility, at Licensee's sole cost and expense, so that the <br />Facility will be constructed, located and installed in accordance with the approved Work <br />Plans and the approved changes thereto. Failure to provide As-Built Drawings to aCTA <br />as set forth herein shall be deemed a material breach of this Agreement. <br /> <br />5. Contractors--Approval and Insurance. All agents, contractors and subcontractors of <br />Licensee performing construction work on the Facility or the License Property shall first be <br />approved in writing by OCTA. Licensee shall cause any and all of its agents which may <br />(a) be involved with such construction work, or (b) may, for any reason, need to enter onto <br />the License Property, to obtain and maintain in full force and effect during the term of such <br />construction work insurance, as required by aCTA, in the amounts and coverages <br />specified on, and issued by insurance companies as described on Exhibit "B-1". aCTA <br />reserves the right, throughout the term of this Agreement, to review and change the <br />amount and type of insurance coverage it requires in connection with this Agreement. <br /> <br />8. Maintenance and Repair. Licensee, at Licensee's sole expense, shall maintain the <br />License Property and the Facility in a condition satisfactory to aCTA during the Term of <br />this Agreement and shall perform all maintenance and clean-up of the License Property <br />and the Facility as necessary to keep the License Property and the Facility in good order <br />and condition, to aCTA's satisfaction and in compliance with all applicable laws, codes, <br />regulations and ordinances. Licensee shall be responsible for any citations issued by any <br />agency having jurisdiction as a result of Licensee's failure to so comply. If any portion of <br />the aCTA Property or the property of other authorized user of the railroad tracks (including <br /> <br />Page 3 of 7 <br />
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