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Public Highway Crossing 20040510
<br /> Non Standard Form Approved, AVP -Law
<br /> 3) The Political Body, at its own expense, shall take all precautionary measures and construct all temporary shelters necessary
<br /> to guard against danger of damage, destruction or interference arising out of or connected with any blasting or any
<br /> transportation, handling, storage, security or use of explosives.
<br /> 4) The Political Body shall require explosives to be transported, handled, stored or otherwise secured and used in a manner
<br /> satisfactory to the Railroad and in accordance with local, state and Federal laws, rules and regulations, including, without
<br /> limitation, United States Department of Labor, Bureau of Labor Standards, Safety and Health Regulations for Construction, 29
<br /> CFR Part 1518, Subpart U "Blasting and the Use of Explosives"; and Occupational Safety and Health Administration
<br /> Occupational Safety and Health Standards, 29 CFR Part 1910, Subpart H "Hazardous Materials
<br /> h) Obstructions to View. Except as otherwise specifically provided herein, the Political Body shall not cause or permit the view
<br /> along the tracks of the Railroad to be obstructed, nor place any combustible material on the premises, nor erect any structures
<br /> thereon. If public law or regulation requires control or removal of weeds or vegetation on each side of the Crossing Area, the Political
<br /> Body will perform such control or removal work without expense to the Railroad or, if the Political Body may not lawfully perform the
<br /> control or removal work, reimburse the Railroad for the cost of performing such control or removal. If the crossing is not equipped
<br /> with automatic train activated warning devices with gate arms:
<br /> 1) The Political Body shall control or remove weeds and vegetation within and on each side of the Crossing Area so that the
<br /> view of approaching motorists to approaching trains is not obstructed by weeds or vegetation; and
<br /> 2) Insofar as it may lawfully may do so, the Political Body will not permit non parties to construct sight obstructing buildings or
<br /> other permanent structures on property adjacent to the right -of -way.
<br /> i) Excavation. The Political Body shall not excavate from existing slopes nor construct new slopes which are excessive and may
<br /> create hazards of slides or falling rock, or impair or endanger the clearance between existing or new slopes and the tracks of the
<br /> Railroad. The Political Body shall not do or cause to be done any work which will or may disturb the stability of any area or adversely
<br /> affect the Railroad's tracks or facilities. The Political Body, at its own expense, shall install and maintain adequate shoring and
<br /> cribbing for all excavation and /or trenching performed by the Political Body in connection with construction, maintenance or other
<br /> work. The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by the Railroad's Vice
<br /> President- Engineering Services to withstand all stresses likely to be encountered, including any stresses resulting from vibrations
<br /> caused by the Railroad's operations in the vicinity.
<br /> j) Drainage. The Political Body, at the Political Body's own expense, shall provide and maintain suitable facilities for draining the
<br /> highway and its appurtenances, and shall not suffer or permit drainage water therefrom to flow or collect upon property of the
<br /> Railroad. The Political Body, at the Political Body's own expense, shall provide adequate passageway for the waters of any streams,
<br /> bodies of water and drainage facilities (either natural or artificial, and including water from the Railroad's culvert and drainage
<br /> facilities), so that said waters may not, because of any facilities or work of the Political Body, be impeded, obstructed, diverted or
<br /> caused to back up, overflow or damage the property of the Railroad or any part thereof, or property of others. The Political Body shall
<br /> not obstruct or interfere with existing ditches or drainage facilities.
<br /> k) Notice. Before commencing any work, the Political Body shall provide at least ten (10) days prior notice (excluding weekends
<br /> and holidays) to the Railroad's Manager -Track Maintenance.
<br /> I) Fiber Optic Cables. Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable
<br /> systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of
<br /> revenue and profits. Political Body shall telephone the Railroad during normal business hours (7:00 a.m. to 9:00 p.m. Central Time,
<br /> Monday through Friday, except holidays) at 1- 800 336 -9193 (also a 24 -hour, 7 -day number for emergency calls) to determine if fiber
<br /> optic cable is buried anywhere on the Railroad's premises to be used by the Political Body. If it is, Political Body will telephone the
<br /> telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection
<br /> of the fiber optic cable prior to beginning any work on the Railroad's premises.
<br /> SECTION 9 INTERIM WARNING DEVICES
<br /> If at anytime it is determined by a competent authority, by the Political Body, or by agreement between the parties, that new or
<br /> improved train activated warning devices should be installed at the Crossing Area, the Political Body shall install adequate temporary
<br /> warning devices or signs and impose appropriate vehicular control measures to protect the motoring public until the new or improved
<br /> devices have been installed.
<br /> SECTION 10 OTHER RAILROADS
<br /> All protective and indemnifying provisions of this Agreement shall inure to the benefit of the Railroad and any other railroad
<br /> company lawfully using the Railroad's property or facilities.
<br /> H9 DATA \Favoh(esPPublic Road Crossing Agreements 12017- Page 4 of 5 Exhibit B
<br /> 95rev City of Pleasanton, CA Valley Ave.doc To Public Road Crossing Agreement
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