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Public Highway Crossing 20040510
<br /> Non Standard Form Approved, AVP -Law
<br /> SECTION 8 SAFETY MEASURES; PROTECTION OF RAILROAD COMPANY OPERATIONS
<br /> It is understood and recognized that safety and continuity of the Railroad's operations and communications are of the utmost
<br /> importance; and in order that the same may be adequately safeguarded, protected and assured, and in order that accidents may
<br /> be prevented and avoided, it is agreed with respect to all of said work of the Political Body that the work will be performed in a safe
<br /> manner and in conformity with the following standards:
<br /> a) Definitions. All references in this Agreement to the Political Body shall include the Political Body's contractors, subcontractors,
<br /> officers, agents and employees, and others acting under its or their authority; and all references in this Agreement to work of the
<br /> Political Body shall include work both within and outside of railroad property.
<br /> b) Compliance With Laws. The Political Body shall comply with all applicable federal, state and local laws, regulations and
<br /> enactments affecting the work. The Political Body shall use only such methods as are consistent with safety, both as concerns the
<br /> Political Body, the Political Body's agents and employees, the officers, agents, employees and property of the Railroad and the public
<br /> in general. The Political Body (without limiting the generality of the foregoing) shall comply with all applicable state and federal
<br /> occupational safety and health acts and regulations. All Federal Railroad Administration regulations shall be followed when work
<br /> is performed on the Railroad's premises. If any failure by the Political Body to comply with any such laws, regulations, and
<br /> enactments, shall result in any fine, penalty, cost or charge being assessed, imposed or charged against the Railroad, the Political
<br /> Body shall reimburse and indemnify the Railroad for any such fine, penalty, cost, or charge, including without limitation attorney's
<br /> fees, court costs and expenses. The Political Body further agrees in the event of any such action, upon notice thereof being provided
<br /> by the Railroad, to defend such action free of cost, charge, or expense to the Railroad.
<br /> c) No Interference or Delays. The Political Body shall not do, suffer or permit anything which will or may obstruct, endanger,
<br /> interfere with, hinder or delay maintenance or operation of the Railroad's tracks or facilities, or any communication or signal lines,
<br /> installations or any appurtenances thereof, or the operations of others lawfully occupying or using the Railroad's property or facilities.
<br /> d) Supervision. The Political Body, at its own expense, shall adequately police and supervise all work to be performed by the
<br /> Political Body, and shall not inflict injury to persons or damage to property for the safety of whom or of which the Railroad may be
<br /> responsible, or to property of the Railroad. The responsibility of the Political Body for safe conduct and adequate policing and
<br /> supervision of the Project shall not be lessened or otherwise affected by the Railroad's approval of plans and specifications, or by
<br /> the Railroad's collaboration in performance of any work, or by the presence at the work site of the Railroad's representatives, or by
<br /> compliance by the Political Body with any requests or recommendations made by such representatives. If a representative of the
<br /> Railroad is assigned to the Project, the Political Body will give due consideration to suggestions and recommendations made by
<br /> such representative for the safety and protection of the Railroad's property and operations.
<br /> e) Suspension of Work. If at any time the Political Body's engineers or the Vice President Engineering Services of the Railroad
<br /> or their respective representatives shall be of the opinion that any work of the Political Body is being or is about to be done or
<br /> prosecuted without due regard and precaution for safety and security, the Political Body shall immediately suspend the work until
<br /> suitable, adequate and proper protective measures are adopted and provided.
<br /> f) Removal of Debris. The Political Body shall not cause, suffer or permit material or debris to be deposited or cast upon, or to
<br /> slide or fall upon any property or facilities of the Railroad; and any such material and debris shall be promptly removed from the
<br /> Railroad's property by the Political Body at the Political Body's own expense or by the Railroad at the expense of the Political Body.
<br /> The Political Body shall not cause, suffer or permit any snow to be plowed or cast upon the Railroad's property during snow removal
<br /> from the Crossing Area.
<br /> g) Explosives. The Political Body shall not discharge any explosives on or in the vicinity of the Railroad's property without the prior
<br /> consent of the Railroad's Vice President- Engineering Services, which shall not be given if, in the sole discretion of the Railroad's
<br /> Vice President Engineering Services, such discharge would be dangerous or would interfere with the Railroad's property or facilities.
<br /> For the purposes hereof, the "vicinity of the Railroad's property" shall be deemed to be any place on the Railroad's property or in
<br /> such close proximity to the Railroad's property that the discharge of explosives could cause injury to the Railroad's employees or
<br /> other persons, or cause damage to or interference with the facilities or operations on the Railroads property. The Railroad reserves
<br /> the right to impose such conditions, restrictions or limitations on the transportation, handling, storage, security and use of explosives
<br /> as the Railroad, in the Railroads sole discretion, may deem to be necessary, desirable or appropriate. In addition to any conditions,
<br /> restrictions or limitations as may be specifically imposed:
<br /> 1) Unless the Railroad's Vice President- Engineering Services agrees otherwise, the Political Body shall provide no less than
<br /> 48 hours' notice, excluding weekends and holidays, before discharging any explosives.
<br /> 2) Any explosives loaded in holes or placed or otherwise readied for discharge on a day shall be discharged on the same day
<br /> during daylight hours, and at mutually acceptable times.
<br /> H: DATA\ Favorites' Public Road Crossing Agreements \2017- Page 3 of 5 Exhibit B
<br /> 95rev City of Pleasanton, CA Valley Ave.doc
<br /> To Public Road Crossing Agreement
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