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METRdLINIE. <br />Savlhern Caldorrria Regortst Rat O.ulhwdy <br />SCR RA's allocated overhead and fringe benefits. SCRRA will charge the Contractor far eight <br />hours minimum if the Contractor cancels SCRRA services after SCRRA Railroad Hmplayee is <br />on eke on the day of the appointment. <br />The Contractor also agrees to reimburse SCRRA, Member Agency and/or Operating Railroad <br />for any and all cost and expense incurred as a result of Contractor's work which may result in <br />(i) unscheduled delay to the trains or interference in any manner with the operation of trains, (ii) <br />unscheduled disruption to normal train operation, (iii} unreasonable inconvenience to the public <br />or private user of the system, (iv) loss of revenue, and (v} alternative method of transportation <br />for passengers_ SCRRA will submit final bills to the Contractor for cost incurred. <br />Prior to commencement of work, the Contractor shall deposit with SCRRA the sum of 7x=.?'a <br />dollars ($) .?'? representing the estimated expense to be incurred by SCRRA and <br />Member Agency in connection with said work.. As the work progresses, SCRRA may require <br />additional progress payments as the scope of work changes or becomes clearer. SCRRA may <br />discontinue services to Contractor pending receipt of progress payments. The deposit and <br />progress payments shall be applied to SCRRA's and Member Agency's actual costs and <br />expenditures. The Contractor shalt be responsible to pay any amount exceeding the above <br />payments upon receipt of notice or invoice by SCRRA_ SCRRA shall exercise its best efforts to <br />provide final invoicing to Contractor within 90 days following completion of the work; however, <br />Contractor acknowledges that it shall be responsible for payment of alk expenses incurred by <br />SCRRA and Member Agency in connection with the work even if the final invoicing is provided <br />to Contractor thereafter_ <br />Safety Orientation Class <br />The Contractor and his subcontractors shall be required to attend a SCRRA Safety Orientation <br />Class prior to receiving permission to enter the Right-ot-Way. The Contractor shall notify <br />SCRRA's contractor for safety and flagging services at 9-877-452-0205 to arrange for third <br />party safety training. Allow 24 to 72 hours from the request for safety training to arange the <br />training. Upon completion of safely training, the Contractor shall notify SCRRA's contractor at <br />(714) 920-9037 a minimum of fifteen (95) working days prior to beginning work on the Right-of- <br />Way and secure any protection SCRRA deems necessary. This prior notification does not <br />guarantee the availability of on track safety protection for the proposed date of construction. To <br />the lull extent of Paragraph 5 above (Indemnification), Contractor agrees"to indemnify SCRRA <br />against any and ail claims resulting from sickness or any other absence. <br />8. Emeraencv Teleahone Numbers <br />The Contractor must immediately contact SCRRA in case of accidents, personal injury, defect <br />in track, bridge or signals, or any unusual condition that may affect the safe operation of the <br />railroads. The following are SCRRA's emergency numbers: <br />Signal Emergencies and Grade Crossing Problems (888) 446-9721 <br />Metrolink Chief Dispatcher (909) 693-0661 or {888} 446-9795 <br />etroli.-.te-S?,ertff's-DispsCette: •?°- ? 63 5000 <br />Signal and Communications Cable Location (909} 859-4105 of (909) 859-4912 <br />9_ California Law <br />This agreement shall be construed and interpreted Tn accordance with and governed by the <br />SCRRA Form 5 - POge d of 6 Rev. Q720/N