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<br />" <br /> <br />Guidelines" for further information on definitions, referenced standards, traffic control plans, submittals, <br />traffic control elements and responsibility/authority for temporary traffic control at highway-rail grade <br />crossings. The guidelines provide acceptable alternatives and procedures, which prescribe appropriate <br />temporary traffic control measures at highway-rail grade crossings and are available on the SCRRA <br />website. (htto://ww\v.metrolinktrains.com/Public Proiects Site/PDF Files/Temoorarv Traffic Control <br />Guidelines.pdt) <br /> <br />14. Environmental Health and Safetv Plan <br /> <br />Contractor shall immediately noti fY SCRRA and the appropriate regulatory agency (ies) of any spill, <br />release, discharge, or discovery of any hazardous material or contaminants in, on, or under the Property. <br />After providing such notice to SCRRA and the appropriate regulatory agency (ies), any contaminated <br />soils or hazardous materials which are spilled, released, discharged, or discovered by the Contractor, shall <br />be promptly removed and disposed of by Contractor in accordance with all the applicable laws at <br />Contractor's sole cost and expense. To the extent preexisting contamination or hazardous material, which <br />was not caused or contributed to by Contractor, is discovered or unearthed by Contractor, Contractor shall <br />only be obligated by this provision to removing and disposing of that portion of the contaminated soils or <br />hazardous materials that are unearthed or otherwise disturbed during Contractor's operations. Prior to <br />entry onto the Property, Contractor (s) performing trenching, excavations, or soil borings may be required <br />by SCRRA to submit a "Hazardous Materials Work Plan." If required, said plan shall include <br />Contractor's site-specific health and safety plan and any other information that SCRRA may require. <br />Contractor shall ensure that all documentation for transportation or disposal of contaminated soils of <br />hazardous materials is prepared in the Contractor's name only and that neither SCRRA nor Member <br />Agency shall have any responsibility or liability therefor. Contractor shall defend and indemnifY SCRRA <br />for any spill, release, or discharge of contaminants or hazardous materials by Contractor in connection <br />with activities hereunder in accordance with Section 5 Indemnification (Page 2 of 12) <br /> <br />15. Warrantv for Plan Review <br /> <br />Review and or approval of the plans and calculations by SCRRA shall not relieve the Contractor of <br />responsibility for full compliance with contract requirements, correctness of design drawings and details, <br />proper fabrication and construction techniques, and coordination with other government and private <br />permitting agencies, nor shall such review or approval by SCRRA in any way relieve Contractor from, or <br />otherwise modify, Contractors' indemnity obligations (Section 5) or assumption of liability obligations <br />(Section 6). Execution of this right of entry does not imply design warranty or responsible charge on the <br />part of SCRRA engineering employees. The parties expressly agree that SCRRA makes no warranty of <br />any kind and assumes no responsibility therefore. <br /> <br />16. Miscellaneous <br /> <br />Wherever the context of this document so requires, words used in the masculine gender shall include the <br />feminine and neuter genders; words used in the neuter gender shall include the masculine and feminine <br />genders; words in the singular shall include the plural; and words in the plural shall include the singular. <br /> <br />17. Emel"l!encv Telephone Numbers <br /> <br />The Contractor must immediately contact SCRRA in case of accidents, personal injury, defect in track, <br />bridge or signals, or any unusual condition that may affect the safe operation of the railroads. The <br />following are SCRRA's emergency numbers: <br /> <br />seRRA FORM NO.6 <br /> <br />Page 6 of 12 <br /> <br />7/12/2004 <br />