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Public Highway Crossing ExB 05/0'f/2006
<br /> Standard Form Approved, AVP-Law iSWL4iNG AiN>tEtiCA°
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<br /> e) :hil construction work of the City shall be pertormed diligently and completed within a reasonable time, and in any event within
<br /> ~ three (3) years from the effective date of this Agreement, or within such further period of time as may be specified in writing by the
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<br /> l Railroad's Vice President-Engineering Services. No part of the Project shall be suspended, discontinued or unduly delayed without
<br /> the Railroad's written consent, and subject to such reasonable conditions as the Railroad may specify. It is understood that the
<br /> i 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 movement
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<br /> 4 or stoppage of trains, engines or cars may cause delays in the work of the City. The City hereby assumes the risk of any such delays
<br /> and agrees that no claims for damage on account of any delay shall tie made against the 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 City shall fumish the Railroad permanent reproducible prints of all design and shop drawings as
<br /> soon as possible after approval by the ice President-Engineering Services of the Railroad or his authorized representative. Upon
<br /> completion of construction, the City shall fumish the Railroad two sets of "as constructed" prints and, in addition, upon request of the
<br /> Vice President-Engineering Services of the Railroad, "as constructed" permanent reproducible prints of all or any portion of the
<br /> structure.
<br /> SECTION 3 - IN,jURY AND DAMAGE TO PROPERTY
<br /> tf the City, in the pertormance of any work contemplated by this Agreement or by the failure to do or perform anything for which
<br /> the City is responsible under the provisions of this Agreement, shah injure, damage or destroy any property of the Railroad or of any
<br /> other person lawfully occupying or using the property of the Railroad, such property shall be replaced or repaired by the City at the
<br /> City's own expense, or by the Railroad at the expense of the City, and to the satisfaction of the Railroad's Vice President-Engineering
<br /> Services.
<br /> SECTION 4 - PAYMENT FOR WORK BY THE RAILROAD COMPANY
<br /> a) i3ills for work and materials shall be paid by the City promptly upon receipt thereof. The Railroad will submit to the City current
<br /> bills for flagging and ether protective services and devices during progress of the Project. The Railroad will submit final billing for
<br /> flagging and other protective services within one hundred and twenty (120) days after completion of the Project, provided the City
<br /> advises the Railroad of the commencement of the 120-day period by giving the Railroad written notification of completion of the
<br /> Project.
<br /> b) The Railroad may contract for the pertormance of any of its work by other than railroad forces. The Railroad shall notify the City
<br /> of the contract price within ninety (90) days after it is awarded. Unless the Railroad's work is to be performed on a fixed price bass,
<br /> the City shall reimburse the Railroad for the amount of the contract.
<br /> SECTION 5 - MAINTENANCE
<br /> a) If the Project involves a grade crossing:
<br /> 1) The City shall, at its own sole expense, maintain, repair, and renew, or cause to be maintained, repaired and renewed, the
<br /> entire Crossing Area, except the portions between the track tte ends, which shall be maintained by and at the expense of the
<br /> Railroad.
<br /> 2) if, in the future, the City elects to have the surfacing material between the track tie ends, or between tracks if there is more
<br /> than ane railroad track across the Crossing Area, replaced with paving or some surtacing material other than timber planking, the
<br /> Railroad, at the City's expense, shall install such replacement surfacing, and in the future, to the extent repair or replacement of
<br /> the surfacing is necessitated by repair or rehabilitation of the Railroad's tracks through the Crossing Area, the City shalt bear the
<br /> expense of such repairs or replacement.
<br /> b) If the Project involves a public highway crossing under the Railroad's tracks:
<br /> 1) The City shall, at its own sole expense, maintain, repair, and renew, or cause to be maintained, repaired and renewed, the
<br /> entire substructure of the highway-railroad grade separation structure.
<br /> 2) The Railroad shall, at its own sole expense, maintain and repair, or cause to be maintained and repaired, the entire
<br /> superstructure of the highway-railroad grade separaton structure.
<br /> c) If the Project Involves a public highway crossing over the Railroad's tracks, the City shall, at tts own sole expense, maintain,
<br /> repair, and renew, or cause to be maintained, repaired, and renewed, the entire highway-railroad grade separation structure.
<br /> SECTION 6 - CHANGES IN GRADE
<br /> Public Highway Crossing ExB Page 2 of 5 Exhibit B
<br /> Standard Form Approved, AVP-Law- 05/01/2006 Terms and Conditions
<br /> To Public Road Crossing Agreement
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