Common use of INTERFERENCE WITH RAILROAD OPERATIONS Clause in Contracts

INTERFERENCE WITH RAILROAD OPERATIONS. 5.1 The contractor shall arrange and conduct all work so that there shall be no interference with the Railroad’s operations, including train, signal, telephone and telegraphic services; or damage to the Railroad’s property; poles, wires and other facilities of tenants, licensees, easement grantees and invitees on the Railroad’s right of way. Whenever work may affect the operations or safety of trains, the method of doing such work shall first be submitted to the Railroad Engineer for approval, but such approval shall not relieve the contractor from liability. Any work to be performed by the contractor that requires flagging service or inspection service shall be deferred by the contractor until the flagging service required by the Railroad is available at the job site. 5.2 Whenever work within the Railroad’s right of way is of such a nature that impediment to the Railroad’s operations is unavoidable, such as use of runaround tracks or necessity for reduced speed, the contractor shall schedule and conduct these operations so that such impediment is reduced to the absolute minimum. 5.3 Should conditions arising from, or in connection with the work require that immediate and unusual provisions be made to protect the Railroad’s operations and property, the contractor shall make such provisions. If in the judgment of the Railroad Engineer, or the Engineer if the Railroad Engineer is absent, such provision is insufficient, the Railroad Engineer or Engineer may require or provide such provisions as deem necessary. In any event, such provisions shall be at the contractor's expense and without cost to the Railroad or the Commission. 5.4 The contractor shall be responsible for any damage to the Railroad as a result of work on the project, which shall include but not be limited to interference with the normal movement of trains caused exclusively by the work performed by the contractor. The contractor shall be responsible for damages for the Railroad’s train delays that are caused exclusively by the contractor. The Railroad agrees not to perform any act to unnecessarily cause any train delay. The damages for train delays per freight hour will be billed at an average rate per hour as determined from the Railroad’s records. These records shall be provided by the Railroad, upon request, to the Commission or the Commission’s contractor.

INTERFERENCE WITH RAILROAD OPERATIONS. 5.1 A. The contractor Contractor shall so arrange and conduct all his work so that there shall will be no interference with the Railroad’s operations, including train, signal, telephone and telegraphic services; , or damage to the Railroad’s property; property of the Railroad or to poles, wires wires, and other facilities of tenants, licensees, easement grantees and invitees tenants on the rights- of-way of the Railroad’s right of way. Whenever work may is liable to affect the operations or safety of trains, the method of doing such work shall first be submitted to the Railroad Engineer for approval, but such approval shall not relieve the contractor Contractor from liability. Any work to be performed by the contractor that Contractor which requires flagging service or inspection service shall be deferred by the contractor Contractor until the flagging service or inspection service required by the Railroad is available at the job site. 5.2 B. Whenever work within the Railroad’s right of rights-of-way is of such a nature that impediment to the Railroad’s operations is unavoidable, such as use of runaround tracks or necessity for reduced speedspeed is unavoidable, the contractor Contractor shall schedule and conduct these his operations so that such impediment is reduced to the absolute minimum. 5.3 C. Should conditions arising from, or in connection with the work work, require that immediate and unusual provisions be made to protect operations and property of the Railroad’s operations and property, the contractor Contractor shall make such provisions. If in the judgment of the Railroad Engineer, or in his absence, the Engineer if the Railroad Engineer is absentRailroad’s Division Engineer, such provision provisions is insufficient, the Railroad Engineer or Engineer either may require or provide such provisions as deem he deems necessary. In any event, such unusual provisions shall be at the contractor's Contractor’s expense and without cost to the Railroad or the CommissionSponsor. 5.4 The contractor shall be responsible for any damage to the D. “One Call” Services do not locate buried Railroad as a result of work on the project, which shall include but not be limited to interference with the normal movement of trains caused exclusively by the work performed by the contractorutilities. The contractor shall be responsible for damages for contact the Railroad’s train delays that are caused exclusively by the contractor. The Railroad agrees not to perform any act to unnecessarily cause any train delay. The damages for train delays per freight hour will be billed representative 2 days in advance of work at an average rate per hour as determined from those places where excavation, pile driving, or heavy loads may damage the Railroad’s recordsunderground facilities. These records Upon request from the Contractor or Sponsor, Railroad forces will locate and paint xxxx or flag the Railroad’s underground facilities. The Contractor shall avoid excavation or other disturbances of these facilities. If disturbance or excavation is required near a buried Railroad facility, the contractor shall coordinate with the Railroad to have the facility potholed manually with careful hand excavation. The facility shall be provided protected by the Contractor during the course of the disturbance under the supervision and direction of the Railroad, upon request, to the Commission or the Commission’s contractorrepresentative.

INTERFERENCE WITH RAILROAD OPERATIONS. 5.1 A. The contractor Contractor shall so arrange and conduct all his work so that there shall will be no interference with the Railroad’s operations, including train, signal, telephone and telegraphic services; , or damage to the Railroad’s property; property of the Railroad or to poles, wires wires, and other facilities of tenants, licensees, easement grantees and invitees tenants on the rights‐ of‐way of the Railroad’s right of way. Whenever work may is liable to affect the operations or safety of trains, the method of doing such work shall first be submitted to the Railroad Engineer for approval, but such approval shall not relieve the contractor Contractor from liability. Any work to be performed by the contractor that Contractor which requires flagging service or inspection service shall be deferred by the contractor Contractor until the flagging service or inspection service required by the Railroad is available at the job site. 5.2 B. Whenever work within the Railroad’s right of way rights‐of‐way is of such a nature that impediment to the Railroad’s operations is unavoidable, such as use of runaround tracks or necessity for reduced speedspeed is unavoidable, the contractor Contractor shall schedule and conduct these his operations so that such impediment is reduced to the absolute minimum. 5.3 C. Should conditions arising from, or in connection with the work work, require that immediate and unusual provisions be made to protect operations and property of the Railroad’s operations and property, the contractor Contractor shall make such provisions. If in the judgment of the Railroad Engineer, or in his absence, the Engineer if the Railroad Engineer is absentRailroad’s Division Engineer, such provision provisions is insufficient, the Railroad Engineer or Engineer either may require or provide such provisions as deem he deems necessary. In any event, such unusual provisions shall be at the contractor's Contractor’s expense and without cost to the Railroad or the CommissionSponsor. 5.4 The contractor shall be responsible for any damage to the D. “One Call” Services do not locate buried Railroad as a result of work on the project, which shall include but not be limited to interference with the normal movement of trains caused exclusively by the work performed by the contractorutilities. The contractor shall be responsible for damages for contact the Railroad’s train delays that are caused exclusively by the contractor. The Railroad agrees not to perform any act to unnecessarily cause any train delay. The damages for train delays per freight hour will be billed representative 2 days in advance of work at an average rate per hour as determined from those places where excavation, pile driving, or heavy loads may damage the Railroad’s recordsunderground facilities. These records Upon request from the Contractor or Sponsor, Railroad forces will locate and paint xxxx or flag the Railroad’s underground facilities. The Contractor shall avoid excavation or other disturbances of these facilities. If disturbance or excavation is required near a buried Railroad facility, the contractor shall coordinate with the Railroad to have the facility potholed manually with careful hand excavation. The facility shall be provided protected by the Contractor during the course of the disturbance under the supervision and direction of the Railroad, upon request, to the Commission or the Commission’s contractorrepresentative.