Common use of TRACK Clause in Contracts

TRACK. The Contractor shall be responsible for the proper upkeep and maintenance of track facilities in the areas over which it provides Service. Said upkeep and maintenance shall include but not be limited to: a. Surface and alignment b. Brush and vegetation control (all brush to be chipped) c. Drainage and ditches d. All operating signals to be kept in good operating condition e. Crossing and switches to be kept in good operating condition. The Contractor shall provide a flagman during the passage of trains for the protection of any crossing protected by signals where the signal is not operating for any reason. f. Snow removal and winter maintenance when needed for service. 3.2.2.1 The Contractor shall be responsible to perform all work and routine maintenance necessary to maintain the active service area from MP XX.XX in TOWN to MP XX.XX in TOWN at FRA Class (INSERT #) Track Safety Standards and all other remaining track from MP XX.XX in TOWN to MP XX.XX in TOWN shall be maintained at FRA Class (INSERT #) Track Safety Standards and in any event shall expend no less than twenty (20%) percent of Annual Gross Operating Revenue on actual track maintenance exclusive of inspections, and shall include a report of maintenance expenses on a form and according to a schedule to be specified by the State. (See EXHIBIT A). The Contractor’s performance shall satisfy all obligations required on the owner of a railroad, set forth in Part 213 of the FRA Track Safety Standards (49 CFR 213). 3.2.2.2 The Contractor shall obtain the State’s permission regarding any work performed on the Line(s) excluding the routine maintenance listed above. The State shall have no responsibility to pay for any maintenance work performed on the Line(s) by the Contractor that did not have the State’s authorization prior to the work being performed.