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Public Highway Crossing D8/13101
<br />Standard Form Approved, AVP-Law
<br />l) The Political Body shall, at its own sole expense, maintain, repair, and renew, or cause to be maintained, repaired and
<br />renewed, the 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 separation structure.
<br />c) If the Project involves a public highway crossing over the Railroad's tracks, the Political Body shall, at its own sole expense,
<br />maintain, repair, and renew, or cause to be maintained, repaired, and renewed, the entire highway-railroad grade separation
<br />structure.
<br />SEC'T'ION 6 - CHANGES IN GRADE
<br />Tf at any time t;he Railroad shall elect, or be required by competent authority to, raise or lower the grade of all or arty portion
<br />of the track or tracks located on the Crossing Area, the Political Body shall, at its own expense, conform the public hfghway 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 roaming 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
<br />between themselves by negotiation, agreement or by the order of a competent authority before the change or rearrangement is
<br />undertaken.
<br />SECTION 8 - SAFb-"I'Y MEASURES; PROTECTION OF RAILROAD COMPANY OPERATIONS
<br />Tt 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 $ody 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 af#ecting 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 curd the
<br />public in general. The Political Body (without limiting the generality of the foregoing) shall comply with all applicable state and
<br />federal occupational safety and health acts and regulations. All Federal Railroad Administration regulations shall be followed
<br />when work is performed on the Railroad's premises. If arty failure by the Political Body to comply with any such laws, regulations,
<br />and enactments, shall result in any fine, penalty, cast or charge being assessed, imposed or charged against the Railroad, the
<br />Political Body shall reimburse and indemnify the Railroad for any such fine, penalty, cost, or charge, including without limitation
<br />attorney's fees, court costs and expenses. The Political Body further agrees in the event of any such action, upon notice thereof
<br />being provided 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
<br />facilities.
<br />d) Supervision. The Political Body, at its own expense, shall adequately police and supenrise 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 maybe
<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 />fine Railroad's collaboration in performance of any work, or by the presence at the work site of the Railroad's representatives, or
<br />by compliance by the Political Body with any requests or recommendations made by such representatives. If a representative of
<br />the Railroad is assigned to the Project, the Political Body will give due consideration to suggestions and recommendations made
<br />by such representative far the safety and protection of the Railroad's property and operations.
<br />H:~DATA~F'avorites\Agreement Forms~Road Crossing page ~ Exhibit B
<br />Forms~Public Road Crossing Agreement.doc
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