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3 <br />g:\share\dallen\california\2938-13 public highway at grade crossing-030113.doc <br />Political Body's own expense, or by the Railroad at the expense of the Political Body, and <br />to the satisfaction of the Railroad's Assistant Vice President Engineering-Design. <br /> <br />SECTION 4. RAILROAD MAY USE CONTRACTORS TO PERFORM WORK <br /> <br /> The Railroad may contract for the performance of any of its work by other than the <br />Railroad forces. The Railroad shall notify the Political Body of the contract price within <br />ninety (90) days after it is awarded. Unless the Railroad's work is to be performed on a <br />fixed price basis, the Political Body shall reimburse the Railroad for the amount of the <br />contract. <br /> <br />SECTION 5. MAINTENANCE AND REPAIRS <br /> <br />A. The Political Body shall, at its own sole expense, maintain, repair, and renew, or <br />cause to be maintained, repaired and renewed, the entire Crossing Area and Roadway, <br />except the portions between the track tie ends, which shall be maintained by and at the <br />expense of the Railroad. <br /> <br />B. If, in the future, the Political Body elects to have the surfacing material between the <br />track tie ends, or between tracks if there is more than one railroad track across the <br />Crossing Area, replaced with paving or some surfacing material other than timer planking, <br />the Railroad, at the Political Body’s expense, shall install such replacement surfacing, and <br />in the future, to the extent repair or replacement of the surfacing is necessitated by repair <br />or rehabilitation of the Railroad’s tracks through the Crossing Area, the Political Body <br />shall bear the expense of such repairs or replacement. <br /> <br />SECTION 6. CHANGES IN GRADE <br /> <br /> If at any time the Railroad shall elect, or be required by competent authority to, <br />raise or lower the grade of all or any portion of the track(s) located within the Crossing <br />Area, the Political Body shall, at its own expense, conform the Roadway to conform with <br />the change of grade of the trackage. <br /> <br />SECTION 7. REARRANGEMENT OF WARNING DEVICES <br /> <br /> If the change or rearrangement of any warning device installed hereunder is <br />necessitated for public or Railroad convenience or on account of improvements for either <br />the 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 <br />before the change or rearrangement is undertaken. <br /> <br />SECTION 8. SAFETY MEASURES; PROTECTION <br /> OF RAILROAD COMPANY OPERATIONS <br /> <br /> It is understood and recognized that safety and continuity of the Railroad's <br />operations and communications are of the utmost importance; and in order that the same