|
<br />Public Road Xing Developer's Overpass ExB
<br />Approved AVP-Law 08082006
<br />,
<br />
<br />6UILDING AMERICA ~l
<br />
<br />SECTION 3 - INJURY AND DAMAGE TO PROPERTY
<br />
<br />If the Developer and the City, in the performance of any work contemplated by this Agreement or by the failure to do or perform
<br />anything for which the Developer and the City is responsible under the provisions of this Agreement, shall injure, damage or destroy
<br />any property of the Railroad or of any other person lawfully occupying or using the property of the Railroad, such property shall be
<br />replaced or repaired by the Developer and the City at the Developer and the City's own expense, or by the Railroad at the expense of
<br />the Developer and the City, and to the satisfaction of the Railroad's Assistant Vice President Engineering - Design
<br />
<br />SECTION 4 - PAYMENT FOR WORK BY THE RAILROAD
<br />
<br />a) Bills for work and materials shall be paid by the Developer and the City within thirty (30) days of its receipt thereof. The Railroad
<br />will submit to the Developer and the City current bills for all work performed by the Railroad and all flagging and other protective
<br />services and devices during progress of the Project (unless flagging is to be billed directly to the Contractor). The Railroad will
<br />submit final billing within one hundred and twenty (120) days after completion of the Project, provided the Developer and 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 />
<br />b) The Railroad may contract for the performance of any of its work by other than railroad forces. The Railroad shall notify the
<br />Developer and the City of the contract price within ninety (90) days after it is awarded Unless the Railroad's work is to be performed
<br />on a fixed price basis, the Developer and the City shall reimburse the Railroad for the amount of the contract
<br />
<br />SECTION 5 -
<br />
<br />MAINTENANCE AND REPAIRS
<br />
<br />a) The Developer and the City, at its expense, shall maintain, repair and renew, or cause to be maintained, repaired and renewed,
<br />the entire Structure, including, but not limited to, the superstructure, substructure, piers, abutments, walls, approaches and all backfill,
<br />grading and drainage required by reason of the Structure, as well as all graffiti removal or over-painting involving the Structure
<br />
<br />b) The Railroad, at its expense, will maintain, repair and renew, or cause to be maintained, repaired and renewed, the rails, ties,
<br />ballast and communication and signal facilities owned by the Railroad beneath the Structure,
<br />
<br />SECTION 6 _ SAFETY MEASURES: PROTECTION OF RAILROAD COMPANY OPERATIONS
<br />
<br />It 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 be
<br />prevented and avoided, it is agreed with respect to all of said work of the Developer and the City that the work will be performed in a
<br />safe manner and in conformity with the following standards:
<br />
<br />a) Definitions. All references in this Agreement to the Developer and the City shall also include the Contractor and their respective
<br />officers, agents and employees, and others acting under its or their authority; and all references in this Agreement to work of the
<br />Developer and the City shall include work both within and outside of the Railroad's property
<br />
<br />b) Compliance With Laws. The Developer and the City shall comply with all applicable federal, state and local laws, regulations
<br />and enactments affecting the work. The Developer and the City shall use only such methods as are consistent with safety, both as
<br />concerns the Developer and the City, the Developer and the City's agents and employees, the officers, agents, employees and
<br />property of the Railroad and the public in general The Developer and the City (without limiting the generality of the foregoing) shall
<br />comply with all applicable state and federal occupational safety and health acts and regulations. All Federal Railroad Administration
<br />regulations shall be followed when work is performed on the Railroad's premises. If any failure by the Developer and the City to
<br />comply with any such laws, regulations, and enactments, shall result in any fine, penalty, cost or charge being assessed, imposed or
<br />charged against the Railroad, the Developer and the City shall reimburse and indemnify the Railroad for any such fine, penalty, cost,
<br />or charge, including without limitation attorney's fees, court costs and expenses. The Developer and the City further agrees in the
<br />event of any such action, upon notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense
<br />to the Railroad.
<br />
<br />c) No Interference or Delavs The Developer and the City shall not do, suffer or permit anything which will or may obstruct,
<br />endanger, interfere with, hinder or delay maintenance or operation of the Railroad's tracks or facilities, or any communication or
<br />signal lines, installations or any appurtenances thereof, or the operations of others lawfully occupying or using the Railroad's property
<br />or facilities.
<br />
<br />d) Supervision. The Developer and the City, at its own expense, shall adequately police and supervise all work to be performed by
<br />the Developer and the City, and shall not inflict injury to persons or damage to property for the safety of whom or of which the
<br />Railroad may be responsible, or to property of the Railroad. The responsibility of the Developer and the City for safe conduct and
<br />adequate policing and supervision of the Project shall not be lessened or otherwise affected by the Railroad's approval of plans and
<br />specifications, or by the Railroad's collaboration in performance of any work, or by the presence at the work site of the Railroad's
<br />representatives, or by compliance by the Developer and the City with any requests or recommendations made by such
<br />representatives. If a representative of the Railroad is assigned to the Project, the Developer and the City will give due consideration
<br />to suggestions and recommendations made by such representative for the safety and protection of the Railroad's property and
<br />operations.
<br />
<br />Public Road Xing Developer's Overpass ExB
<br />Approved AVP-Law 05/01/2006
<br />
<br />Page 2 of 4
<br />
<br />Exhibit B
<br />Terms and Conditions
<br />To Public Road Crossing Developer's Overpass Agreement
<br />
|