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Contractor's ROE (Generic) - ExB
<br />Form Approved -AVP Law 07 -09 -07
<br />EXHIBIT B
<br />TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
<br />GENERAL TERMS AND CONDITIONS
<br />BUILDING AMERICA° (a
<br />Section 1. NOTICE OF COMMENCEMENT OF WORK - FLAGGING.
<br />A. Contractor agrees to notify the Railroad Representative at least ten (10) working days in advance of Contractor commencing its
<br />work and at least ten (10) working days in advance of proposed performance of any work by Contractor in which any person or
<br />equipment will be within twenty -five (25) feet of any track, or will be near enough to any track that any equipment extension (such
<br />as, but not limited to, a crane boom) will reach to within twenty -five (25) feet of any track. No work of any kind shall be
<br />performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), orthing(s) shall be located, operated, placed, or
<br />stored within twenty -five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad flagman is
<br />provided to watch for trains. Upon receipt of such ten (10) -day notice, the Railroad Representative will determine and inform
<br />Contractor whether a flagman need be present and whether Contractor needs to implement any special protective or safety
<br />measures. If flagging or other special protective or safety measures are performed by Railroad, Railroad will bill Contractor for
<br />such expenses incurred by Railroad, unless Railroad and a federal, state or local governmental entity have agreed that Railroad
<br />is to bill such expenses to the federal, state or local governmental entity. If Railroad will be sending the bills to Contractor,
<br />Contractor shall pay such bills within thirty (30) days of Contractor's receipt of billing. If Railroad performs any flagging, or other
<br />special protective or safety measures are performed by Railroad, Contractor agrees that Contractor is not relieved of any of its
<br />responsibilities or liabilities set forth in this Agreement.
<br />B. The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight -hour day for the class of flagmen
<br />used during regularly assigned hours and overtime in accordance with LaborAgreements and Schedules in effect at the time the
<br />work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare,
<br />supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and
<br />Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing
<br />composite charge in effect at the time the work is performed. One and one -half times the current hourly rate is paid for overtime,
<br />Saturdays and Sundays, and two and one -half times current hourly rate for holidays. Wage rates are subject to change, at any
<br />time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling
<br />of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional
<br />charges are changed, Contractor (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges.
<br />C. Reimbursement to Railroad will be required covering the full eight -hour day during which any flagman is furnished, unless the
<br />flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required
<br />for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for
<br />any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is
<br />required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other
<br />work, even though Contractor may not be working during such time. When it becomes necessary for Railroad to bulletin and
<br />assign an employee to a flagging position in compliance with union collective bargaining agreements, Contractor must provide
<br />Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is
<br />not given, Contractor will still be required to pay flagging charges for the five (5) day notice period required by union agreement
<br />to be given to the employee, even though flagging is not required for that period. An additional ten (10) days notice must then be
<br />given to Railroad if flagging services are needed again after such five day cessation notice has been given to Railroad.
<br />Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED
<br />A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad to use and
<br />maintain its entire property including the right and power of Railroad to construct, maintain, repair, renew, use, operate, change,
<br />modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other wirelines, pipelines and otherfacilities
<br />upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by Railroad
<br />without liability to Contractor or to any other party for compensation or damages.
<br />B. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of
<br />Railroad's property, and others) and the right of Railroad to renew and extend the same, and is made without covenant of title or
<br />for quiet enjoyment.
<br />Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS.
<br />A. Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and operation of the
<br />railroad tracks and property of Railroad, including without limitation, the operations of Railroad's lessees, licensees or others,
<br />unless specifically authorized in advance by the Railroad Representative. Nothing shall be done or permitted to be done by
<br />Contractor at any time that would in any manner impair the safety of such operations. When not in use, Contractor's machinery
<br />Contractor's ROE (Generic) - ExB Page 1 of 3 Exhibit B
<br />Form Approved - AVP Law 07 -09 -07 General Terms & Conditions
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