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CONCLUSIONS (1) The Committee recommends the changes in the Manual as set forth in Appendix A be adopted and that the Committee on Roadway be requested to make the revisions referred to in Appendix A.
(2) The Committee recommends "Form of License for Wires, Pipes, Conduits and Drains on Railroad Property," set forth and printed in Appendix B be adopted and printed in the Manual.
(3) The Committee recommends that the report of Sub-Committee referred to in Appendix C be received as information, with the request that any criticism and suggestions be given this Committee in order that a final report may be made next year on “Form of License for Private Road Crossings."
Recommendations for Future Work Your Committee recommends that the following list be considered in making future assignments of work to this Committee:
(1) Make a thorough examination of subject matter in the Manual, submitting definite recommendations for changes.
(2) That the form of License for Private Road Crossings, which was submitted this year for information, be reassigned this Committee for further study. (3) That the Committee submit a Form of Agreement for:
(a) Trackage rights;
(d) Purchase of electricity (which it is expected this Committee will finish next year), and
(e) Certificate of work by Chief Engineer. Next attached, in order, are Appendices, A, B and C referred to in the early part of this report.
It will be the purpose of this Committee to use the word "Railway Company" hereafter instead of "Railroad Company.” This is adopted for the sake of uniformity.
Before closing out the report of the year, the Committee records with pleasure the satisfactory attendance at the different meetings and the interest manifested by its membership.
W. D. FAUCETTE, Chairman
(1) REVISION OF MANUAL
CLARK DILLEN BECK, Chairman, Sub-Committee. PROPOSED REVISIONS TO THE MANUAL—“Form of Construction Contract," Section 38, “Final Estimates," page 665 :
(1) It is recommended that the word "whole” be omitted from the second line, as indicated below:
Proposed Form Upon the completion and ac- Upon the completion and acceptance of the work, the Chief ceptance of the work, the Chief Engineer shall execute a certificate Engineer shall execute a certificate over his signature that the whole over his signature that the work work provided for in this agreement provided for in this agreement has been completed and accepted by has been completed and accepted by him under the terms and conditions him under the terms and conditions thereof, whereupon the entire bal- thereof, whereupon the entire balance found to be due to the Con- ance found to be due to the Contractor, including said retained per- tractor, including said retained percentage, shall be paid to the Con- centage, shall be paid to the Contractor at the office of the Treasurer tractor at the office of the Treasurer of the Company within
of the Company within days after the date of said final days after the date of said final certificate.
certificate. It was called to our attention that the American Railway Development Association had some observations to make on “Form of Industry Track Agreement" and "Form of Lease Agreement for Industrial Site" and we were instructed to get in communication with George E. Bates, their President, which resulted in Mr. Bates appointing a special committee to meet jointly with our Sub-Committee No. 2 to carefully consider these Forms of Agreements.
We have held two joint meetings, and although we are making good progress, the threatened Railroad Strike prevented several members of the American Development Association from attending our second meeting, rendering it impossible to conclude our work in time for our Committee to make any recommendations for revisions to these forms in the Manual this year.
(2) As regards the use of the word "railway" and the word "railroad” in the Manual, for uniformity it is recommended that hereafter the word “Railway" shall be used in all forms and specifications, and when the Manual is reprinted wherever the word "railroad” occurs it shall be changed to “Railway.”
(3) "Specifications in the Manual in connection with which any uniform general contract form would or should be used.”
It is found that the Specifications for Roadway were compiled before the organization of the Committee on General Contract Forms, and included therein General Conditions for the construction of such roadway and stated in these Conditions that the Specifications and General Conditions formed the entire Agreement. Our “Form of Construction Contract"
has since been adopted and printed in the Manual, and now when a complete contract is attempted by the use of the Form of Construction Contract and the Specifications for Roadway, as printed in the Manual, the contract will contain some terms which are contradictory and some that result in ambiguity.
Your Committee recommends that the report covering study of all specifications in the Manual in connection with which any Uniform General Contract Form would or should be used, be accepted and the Committee on Roadway and the Committee on Uniform General Contract Forms be requested to revise the Specifications for Roadway so that the "General Conditions” of the Specifications as now printed in the Manual be omitted from the Specifications and covered by the General Conditions of the Construction Contract Form.
FORM OF LICENSE FOR WIRES, PIPES, CONDUITS AND
DRAINS ON RAILWAY PROPERTY
J. C. IRWIN, Chairman, Sub-Committee. The work assigned to this Sub-Committee included: 1. The submission of a final report on agreement covering the
construction of electrical conductors, conduits, pipe lines and
drains on railroad property. 2. The collection of data for agreement for "Trackage Rights."
The Sub-Committee has completed its work on the first item and sub mits herewith attached the “Form of License for Wires, Pipes, Conduits and Drains on Railroad Property,” as approved in the general meeting of Committee XX, December 9th, 1921, and recommends its adoption.
The Sub-Committee reports progress on the second item. It has collected thirty-four forms of Agreement for Trackage Rights used by representative railroads throughout the United States and Canada; has indexed and made synopses of these agreements and has commenced the writing of a proposed “Typical Form of Agreement for Trackage Rights,” embodying the points that might be covered by the majority of such agreements but recognizing the fact that many of the points included in such agreements are local in character.
The Sub-Committee plans to continue this work without interruption, if it is again assigned.
FORM OF LICENSE FOR WIRES, PIPES, CONDUITS AND
DRAINS ON RAILWAY PROPERTY
(Final form submitted for adoption) THIS AGREEMENT, made this
day of 19...... by and between the......
hereinafter called the Railway Company, and
having a principal office or place of business in hereinafter called the Licensee, WITNESSETH ;
WHEREAS, the Licensee desires to construct, maintain and
upon the property of the Railway Company, situated..
and substantially as shown on the plan hereto attached, designated as
and made a part hereof:
It is mutually agreed as follows:
1. The Railway Company grants permission to the Licensee to construct, maintain and use upon the property of the Railway Company, in accordance with said plan and the specifications forming a part hereof, and subject to the requirements of the Railway Company.
2. In consideration of this license, the Licensee shall pay to the Railway Company, in advance, the sum of per
beginning 3. Every cost and expense of construction, maintenance, use and removal resulting from this license, shall be paid by the Licensee. The Railway Company may perform, without notice, any work which it considers necessary to the safe operation of the railroad. The Licensee shall do no work under this license, which may interfere with the operation of the railroad without the written permission of the Railway Company.
4. Use of the property of the Railway Company, however long continued, shall not create any estate or easement in the Licensee or any rights other than license.
5. The Licensee shall idemnify, protect, and save harmless, the Railway Company from and against all claims, suits, costs, charges, and damages, made upon or incurred by the Railway Company in connection with this license. 6. This agreement may be terminated by either party by
notice to the other party, or without notice 0:1 disuse by the Licensee for
7. Any notice given by the Railway Company to the Licensee shall be deemed to be properly served if the notice be delivered to the Licensee, or if left with any responsible agent of the Licensee, or if mailed, post paid, addressed to the Licensee at the last known place of business of the Licensee.
8. Upon termination hereof the Licensee shall forthwith remove all the Licensee's constructions from the property of the Railway Company, to the satisfaction of the Railway Company. In case of the Licensee's failure so to do, the Railway Company may at its option either retain such construction or remove them at the cost of the Licensee.
9. This agreement shall not be assigned or in ary manner transferred, without the written consent of the of the Railway Company.
10. Until terminated as hereinbefore provided, this agreement shall inure to the benefit of and be binding upon the legal representatives and successors of the parties respectively.
IN WITNESS WHEREOF, the parties hereto have executed this agrcement on the day and year first above written. Witness.