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Public Highway Crossing 20040510 <br /> Non Standard Form Approved, AVP-Law <br /> specifications prepared by and at the expense of the Political Body, and approved in writing by the Railroad's Vice President <br /> Engineering Services. <br /> e) All construction work of the Political Body shall be performed diligently and completed within a reasonable time, and in any event <br /> within three (3) years from the effective date of this Agreement, or within such further period of time as may be specified in writing <br /> by the Railroad's Vice President Engineering Services. No part of the Project shall be suspended, discontinued or unduly delayed <br /> without the Railroad's written consent, and subject to such reasonable conditions as the Railroad may specify. It is understood that <br /> the Railroad's tracks at and in the vicinity of the work will be in constant or frequent use during progress of the work and that <br /> movement or stoppage of trains, engines or cars may cause delays in the work of the Political Body. The Political Body hereby <br /> assumes the risk of any such delays and agrees that no claims for damage on account of any delay shall be made against the <br /> Railroad. <br /> f) If the Project includes construction of a structure over which trains are to be operated, or for which the Railroad has any <br /> responsibility for maintenance, the Political Body shall furnish the Railroad permanent reproducible prints of all design and shop <br /> drawings as soon as possible after approval by the Vice President Engineering Services of the Railroad or his authorized <br /> representative. Upon completion of construction, the Political Body shall fumish the Railroad two sets of "as constructed" prints and, <br /> in addition, upon request of the Vice President Engineering Services of the Railroad, "as constructed" permanent reproducible prints <br /> of all or any portion of the structure. <br /> SECTION 3 INJURY AND DAMAGE TO PROPERTY <br /> If the Political Body, in the performance of any work contemplated by this Agreement or by the failure to do or perform anything <br /> for which the Political Body is responsible under the provisions of this Agreement, shall injure, damage or destroy any property of <br /> the Railroad or of any other person lawfully occupying or using the property of the Railroad, such property shall be replaced or <br /> repaired by the Political Body at the Political Body's own expense, or by the Railroad at the expense of the Political Body, and to <br /> the satisfaction of the Railroad's Vice President Engineering Services. <br /> SECTION 4 PAYMENT FOR WORK BY THE RAILROAD COMPANY <br /> a) Bills for work and materials shall be paid by the Political Body promptly upon receipt thereof. The Railroad will submit to the <br /> Political Body current bills for flagging and other protective services and devices during progress of the Project. The Railroad will <br /> submit final billing for flagging and other protective services within one hundred and twenty (120) days after completion of the Project, <br /> provided the Political Body advises the Railroad of the commencement of the 120 -day period by giving the Railroad written <br /> notification of completion of the Project. <br /> b) The Railroad may contract for the performance of any of its work by other than railroad forces. The Railroad shall notify the <br /> Political Body of the contract price within ninety (90) days after it is awarded. Unless the Railroad's work is to be performed on a fixed <br /> price basis, the Political Body shall reimburse the Railroad for the amount of the contract. <br /> SECTION 5 MAINTENANCE <br /> a) The Political Body, at its expense, shall maintain, repair and renew, or cause to be maintained, repaired and renewed, the <br /> entire grade separation structure, including the waterproofing and below, and further including, but not limited to, the <br /> superstructure, substructure, piers, abutments, walls, approaches and all backfill, grading and drainage required by reason of <br /> the grade separation structure, as well as all graffiti removal or overpainting involving the substructure and superstructure <br /> (above and below the bridge seats). <br /> b) The Railroad, at its expense, will maintain, repair and renew, or cause to be maintained, repaired and renewed, above the <br /> waterproofing, including, but not limited to, the rails, ties, ballast and communication and signal facilities owned by the Railroad." <br /> SECTION 6 CHANGES IN GRADE <br /> If at any time the Railroad shall elect, or be required by competent authority to, raise or lower the grade of all or any portion of <br /> the track or tracks located on the Crossing Area, the Political Body shall, at its own expense, conform the public highway in the <br /> Crossing Area to conform with the change of grade of the trackage. <br /> SECTION 7 REARRANGEMENT OF WARNING DEVICES <br /> If the change or rearrangement of any warning device installed hereunder is necessitated for public or Railroad convenience <br /> or on account of improvements for either railroad, highway or both, the parties will apportion the expense incidental thereto between <br /> themselves by negotiation, agreement or by the order of a competent authority before the change or rearrangement is undertaken. <br /> H:\ DATA\ Favorites\ Public Road Crossing Agreements 12017- Page 2 of 5 Exhibit B <br /> 95rev City of Pleasanton, CA Valley Ave.doc <br /> To Public Road Crossing Agreement <br />