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Norfolk Southern Railway Company <br />Norfolk Southern - Special Provisions for Protection of Railway Interests <br />July 23, 2018, Updated March 11, 2021 <br />Appendix <br />E-1 <br /> <br /> <br /> <br />E. Norfolk Southern – Special Provisions for Protection of Railway Interests <br /> <br />1. AUTHORITY OF RAILROAD ENGINEER AND SPONSOR ENGINEER: <br /> <br />Norfolk Southern Railway Company, hereinafter referred to as “Railroad”, and their authorized <br />representative shall have final authority in all matters affecting the safe maintenance of railroad <br />traffic including the adequacy of the foundations and structures supporting the railroad tracks. For <br />Public Projects impacting the Railroad, the Railroad’s Public Projects Engineer, hereinafter referred to as <br />“Railroad Engineer”, will serve as the authorized representative of the Railroad. <br /> <br />The authorized representative of the Project Sponsor (“Sponsor”), hereinafter referred to as the <br />“Sponsor’s Engineer”, shall have authority over all other matters as prescribed herein and in the <br />Project Specifications. <br /> <br />The Sponsor’s Prime Contractor, hereinafter referred to as “Contractor” shall be responsible for <br />completing any and all work in accordance with the terms prescribed herein and in the Project <br />Specifications. These terms and conditions are subject to change without notice, from time to time in the <br />sole discretion of the Railroad. Contractor must request from Railroad and follow the latest version of <br />these provisions prior to commencing work. <br /> <br />2. NOTICE OF STARTING WORK: <br /> <br />A. The Contractor shall not commence any work on railroad rights-of-way until he has complied <br />with the following conditions: <br /> <br />1. Signed and received a fully executed copy of the required Norfolk Southern Contractor <br />Right of Entry Agreement. <br /> <br />2. Given the Railroad written notice in electronic format to the Railroad Engineer, with <br />copy to the Sponsor’s Engineer who has been designated to be in charge of the work, at <br />least ten days in advance of the date he proposes to begin work on Railroad rights-of- <br />way. <br /> <br />3. Obtained written approval from the Railroad of Railroad Protective Liability Insurance <br />coverage as required by paragraph 14 herein. It should be noted that the Railroad <br />does not accept notation of Railroad Protective insurance on a certificate of <br />liability insurance form or Binders as Railroad must have the full original <br />countersigned policy. Further, please note that mere receipt of the policy is not <br />the only issue but review for compliance. Due to the number of projects system- <br />wide, it typically takes a minimum of 30-45 days for the Railroad to review. <br /> <br />4. Obtained Railroad’s Flagging Services as required by paragraph 7 herein. <br /> <br />5. Obtained written authorization from the Railroad to begin work on Railroad’s rights- <br />of-way, such authorization to include an outline of specific conditions with which he <br />must comply. <br /> <br />6. Furnished a schedule for all work within the Railroad’s rights-of-way as required by <br />paragraph 7.B.1. <br />EXHIBIT C EXHIBIT C