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EXHIBIT 2 <br /> EXHIBIT_ _B <br /> TO <br /> CONTRACTOR'S RIGHT OF ENTRY AGREEMENT <br /> Section 1. NOTICE OF COMMENCEMENT OF WORK- RAILROAD FLAGGING - PRIVATE FLAGGING. <br /> A. Contractor agrees to notify the Railroad Representative at least ten (10)working days in advance <br /> of Contractor commencing its Work and at least thirty (30) working days in advance of proposed performance of <br /> any Work by Contractor in which any person or equipment will be within twenty-five (25) feet of any track, or will <br /> be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach <br /> to within twenty-five (25) feet of any track. <br /> B. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), <br /> materiai(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25)feet of any <br /> of Railroad's track(s) at any time, for any reason, unless and until a Railroad approved flagman is provided to <br /> watch for trains. Upon receipt of such thirty (30)-day notice, the Railroad Representative will determine and <br /> inform Contractor whether a flagman need be present and whether Contractor needs to implement any special <br /> protective or safety measures. <br /> C. Contractor shall be permitted to hire a private contractor to perform flagging or other special <br /> protective or safety measures (such private contractor being commonly known in the railroad industry as a <br /> contractor-in-charge ("CIC")) in lieu of Railroad providing such services or in concert with Railroad providing such <br /> services, subject to prior written approval by Railroad, which approval shall be in Railroad's sole and absolute <br /> discretion. If Railroad agrees to permit Contractor to utilize a CIC pursuant to the preceding sentence, Contractor <br /> shall obtain Railroad's prior approval in writing for each of the following items, as determined in all respects in <br /> Railroad's sole and absolute discretion: (i) the identity of the third-party performing the role of CIC; (ii)the scope <br /> of the services to be performed for the project by the approved CIC; and (iii) any other terms and conditions <br /> governing such services to be provided by the CIC. If flagging or other special protective or safety measures are <br /> performed by an approved CIC, Contractor shall be solely responsible for(and shall timely pay such CIC for) its <br /> services. Railroad reserves the right to rescind any approval pursuant to this Section 1, Subsection C., in whole <br /> or in part, at any time, as determined in Railroad's sole and absolute discretion. <br /> D. If any flagging or other special protective or safety measures are performed by employees of <br /> Railroad and/or any contractor of Railroad, Railroad will bill Contractor for such expenses incurred by Railroad, <br /> unless Railroad and a federal, state or local governmental entity have agreed that Railroad is to bill such <br /> 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. <br /> E. If any flagging or other special protective or safety measures are performed by Railroad or a CIC, <br /> Contractor agrees that Contractor is not relieved of any of its responsibilities or liabilities set forth in this <br /> agreement. <br /> F. The provisions set forth in this subsection are only applicable for Flagging Services performed by <br /> employees of Railroad: the rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an <br /> eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with <br /> labor agreements and schedules in effect at the time the Work is performed. In addition to the cost of such labor, <br /> a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and <br /> unemployment compensation, supplemental pension, Employees Liability and Property Damage and <br /> 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 <br /> 1 <br />