Laserfiche WebLink
Public Highway At-Grade Crossing 03/01/13 Standard Form Approved, AVP-Law <br /> 5 <br />elevations, associated drainage, and other appurtenances. <br />B. The final one hundred percent (100%) completed plans that are approved in <br />writing by the Railroad’s Assistant Vice President Engineering-Design, or his authorized <br />representative, are hereinafter referred to as the “Plans”. The Plans are hereby made a <br />part of this Agreement by reference. <br />C. No changes in the Plans shall be made unless the Railroad has consented to <br />such changes in writing. <br /> <br />D. The Railroad's review and approval of the Plans will in no way relieve the Political Body or the Contractor from their responsibilities, obligations and/or liabilities <br />under this Agreement, and will be given with the understanding that the Railroad makes no <br />representations or warranty as to the validity, accuracy, legal compliance or completeness <br />of the Plans and that any reliance by the Political Body or Contractor on the Plans is at the <br />risk of the Political Body and Contractor. <br />Section 10. NON-RAILROAD IMPROVEMENTS <br /> A. Submittal of plans and specifications for protecting, encasing, reinforcing, <br />relocation, replacing, removing and abandoning in place all non-railroad owned facilities <br />(the "Non Railroad Facilities") affected by the Project including, without limitation, utilities, <br />fiber optics, pipelines, wirelines, communication lines and fences is required under Section 8. The Non Railroad Facilities plans and specifications shall comply with Railroad's <br />standard specifications and requirements, including, without limitation, American Railway <br />Engineering and Maintenance-of-Way Association ("AREMA") standards and guidelines. <br />Railroad has no obligation to supply additional land for any Non Railroad Facilities and <br />does not waive its right to assert preemption defenses, challenge the right-to-take, or pursue compensation in any condemnation action, regardless if the submitted Non <br />Railroad Facilities plans and specifications comply with Railroad's standard specifications <br />and requirements. Railroad has no obligation to permit any Non Railroad Facilities to be <br />abandoned in place or relocated on Railroad's property. <br /> B. Upon Railroad's approval of submitted Non Railroad Facilities plans and <br />specifications, Railroad will attempt to incorporate them into new agreements or <br />supplements of existing agreements with Non Railroad Facilities owners or operators. <br />Railroad may use its standard terms and conditions, including, without limitation, its <br />standard license fee and administrative charges when requiring supplements or new agreements for Non Railroad Facilities. Non Railroad Facilities work shall not commence <br />before a supplement or new agreement has been fully executed by Railroad and the Non <br />Railroad Facilities owner or operator, or before Railroad and Political Body mutually agree <br />in writing to (i) deem the approved Non Railroad Facilities plans and specifications to be <br />Plans pursuant to Section 8B, (ii) deem the Non Railroad Facilities part of the Structure, and (iii) supplement this Agreement with terms and conditions covering the Non Railroad <br />Facilities. <br />