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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
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