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7 <br />g:\share\dallen\california\2938-13 public highway at grade crossing-030113.doc <br /> <br />J. Excavation. The Political Body shall not excavate from existing slopes nor <br />construct new slopes which are excessive and may create hazards of slides or falling <br />rock, or impair or endanger the clearance between existing or new slopes and the tracks <br />of the Railroad. The Political Body shall not do or cause to be done any work which will <br />or may disturb the stability of any area or adversely affect the Railroad's tracks or <br />facilities. The Political Body, at its own expense, shall install and maintain adequate <br />shoring and cribbing for all excavation and/or trenching performed by the Political Body in <br />connection with construction, maintenance or other work. The shoring and cribbing shall <br />be constructed and maintained with materials and in a manner approved by the Railroad's <br />Assistant Vice President Engineering - Design to withstand all stresses likely to be <br />encountered, including any stresses resulting from vibrations caused by the Railroad's <br />operations in the vicinity. <br /> <br />K. Drainage. The Political Body, at the Political Body's own expense, shall provide <br />and maintain suitable facilities for draining the Roadway and its appurtenances, and shall <br />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 <br />passageway for the waters of any streams, bodies of water and drainage facilities (either <br />natural or artificial, and including water from the Railroad's culvert and drainage facilities), <br />so that said waters may not, because of any facilities or work of the Political Body, be <br />impeded, obstructed, diverted or caused to back up, overflow or damage the property of <br />the Railroad or any part thereof, or property of others. The Political Body shall not <br />obstruct or interfere with existing ditches or drainage facilities. <br /> <br />L. Notice. Before commencing any work, the Political Body shall provide the <br />advance notice to the Railroad that is required under the Contractor's Right of Entry <br />Agreement. <br /> <br />M. Fiber Optic Cables. Fiber optic cable systems may be buried on the Railroad's <br />property. Protection of the fiber optic cable systems is of extreme importance since any <br />break could disrupt service to users resulting in business interruption and loss of revenue <br />and profits. Political Body shall telephone the Railroad during normal business hours <br />(7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, except holidays) at 1-800- <br />336-9193 (also a 24-hour, 7-day number for emergency calls) to determine if fiber optic <br />cable is buried anywhere on the Railroad's premises to be used by the Political Body. If it <br />is, Political Body will telephone the telecommunications company(ies) involved, arrange <br />for a cable locator, and make arrangements for relocation or other protection of the fiber <br />optic cable prior to beginning any work on the Railroad's premises. <br /> <br />SECTION 9. INTERIM WARNING DEVICES <br /> <br /> If at anytime it is determined by a competent authority, by the Political Body, or by <br />agreement between the parties, that new or improved train activated warning devices