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4 <br />Public Highway At-Grade Crossing Agreement <br />DOT DOT# 980280H, Project 0787250 <br />Project and final billing to the Political Body within three hundred sixty-five (365) days <br />after receiving written notice from the Political Body that all Project work affecting the <br />Railroad's property has been completed and the Project Manager has closed the Project <br />work order and notified the Political Body. <br /> <br />E. The Political Body agrees to reimburse the Railroad within thirty (30) days <br />of its receipt of billing from the Railroad for one hundred percent (100%) of all actual costs <br />incurred by the Railroad in connection with the Project including, but not limited to, all <br />actual costs of engineering review (including preliminary engineering review costs <br />incurred by Railroad prior to the Effective Date of this Agreement), construction, <br />inspection, flagging (unless flagging costs are to be billed directly to the Contractor), <br />procurement of materials, equipment rental, manpower and deliveries to the job site and <br />all direct and indirect overhead labor/construction costs including Railroad's standard <br />additive rates. <br /> <br />Section 8. PLANS <br /> <br /> A. The Political Body, at its expense, shall prepare, or cause to be prepared <br />by others, the detailed plans and specifications for the Project and the Structure and <br />submit such plans and specifications to the Railroad’s Assistant Vice President <br />Engineering-Design, or his authorized representative, for prior review and approval. The <br />plans and specifications shall include all Roadway layout specifications, cross sections <br />and elevations, associated drainage, and other appurtenances. <br /> <br />B. The final one hundred percent (100%) completed plans that are approved <br />in 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 /> <br />C. No changes in the Plans shall be made unless the Railroad has consented <br />to such changes in writing. <br /> <br />D. The Railroad's review and approval of the Plans will in no way relieve the <br />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 <br />no representations or warranty as to the validity, accuracy, legal compliance or <br />completeness of the Plans and that any reliance by the Political Body or Contractor on <br />the Plans is at the risk of the Political Body and Contractor. <br /> <br />Section 9. NON-RAILROAD IMPROVEMENTS <br /> <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 <br />Section 8. The Non Railroad Facilities plans and specifications shall comply with