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<br />within the limits of the Property, so as to expedite the work and to avoid interference with <br />the operation of railway equipment. <br /> <br />2.1.2 The Contractor's ability to enter the Property is subject to the absolute right of SCRRA or <br />Member Agency to cause the Contractor's work on the Property to cease if, in the opinion <br />of SCRRA or Member Agency, Contractor's activities create hazard to the Property, <br />employees, and/or operations. <br /> <br />2.1.3 It is expected that SCRRA and Member Agency will cooperate to the extent possible with <br />the Contractor such that the work may be handled and performed in an efficient manner, <br />but the Contractor shall have no claim whatsoever for any type of damages or for extra or <br />additional compensation in the event its work is delayed. <br /> <br />2.1.4 The Contractor shall take protective measures as are necessary to keep the Property, <br />including track ballast, free of sand, debris, and other foreign objects and materials <br />resulting from its operations. Any damage to the Property resulting from Contractor's <br />operations will be repaired or replaced by SCRRA or Member Agency at their option and <br />the cost of such repairs or replacement shall be recovered from the Contractor. <br /> <br />2.1.5 The Contractor will perform the construction or maintenance work in such a manner and <br />at such times as shall not endanger or interfere with SCRRA or Member Agency's <br />operations, including relation to the proper manner of protecting the tracks, signals, fiber <br />optic cables, pipe lines, other Property, and tenants or licensees at or in the vicinity of the <br />work during the period of construction. <br /> <br />2.1.6 All forecasts of train traffic and schedules are approximate. The train schedule shall be <br />used for planning purposes only and shall not be used for scheduling actual work around <br />the railroad tracks. SCRRA reserves the right to run as many trains as practical on any <br />track at any time. The operation of the trains will be at sole discretion of SCRRA or <br />Member Agency. The Contractor's work may be halted or delayed whenever necessary <br />to accommodate train service. <br /> <br />2.2 Safety and Protective Services <br /> <br />2.2.1 The Contractor must request and arrange for a flag person, inspector and/or other <br />protective services from SCRRA authorized representative for the following conditions: <br /> <br />A. When Contractor's personnel and equipment(s) are within twenty (20) feet of the <br />nearest rail. <br /> <br />B. When any part of any equipment is standing or being operated within or adjacent to <br />the Property, or when any erection or construction activities are in progress within <br />such limits, regardless of elevation above or below track. <br /> <br />C. For any excavation below the elevation of track sub-grade if, in the opinIOn of <br />SCRRA or Member Agency's representative, track or other Property may be subject <br />to settlement or movement. <br /> <br />D. For any clearing, grubbing, grading, or blasting in proximity to the Property which, in <br />the opinion of SCRRA or Member Agency's representative, may endanger the <br />Property or operations. <br /> <br />E. For any street construction and maintenance activities, located within the right-of- <br /> <br />SCRRA/Metrolink <br />FORM37 <br /> <br />Page 3 <br /> <br />OS/27/04 <br />