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CROE — Texas City/County — ExB
<br />Form Approved AVP -Law 031210
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<br />EXHIBIT B
<br />TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
<br />TERMS AND CONDITIONS
<br />Section 1. NOTICE OF COMMENCEMENT OF WORK - FLAGGING.
<br />6UILDING AMERICA°
<br />A. Contractor agrees to notify the Railroad Representative at least thirty (30) working days in advance of Contractor
<br />commencing its work and at least ten (10) working days in advance of proposed performance of any work by Contractor in
<br />which any person or equipment will be within twenty -five (25) feet of any track, or will be near enough to any track that any
<br />equipment extension (such as, but not limited to, a crane boom) will reach to within twenty -five (25) feet of any track. No
<br />work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall
<br />be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason,
<br />unless and until a Railroad flagman is provided to watch for trains. Upon receipt of such thirty (30) -day notice, the Railroad
<br />Representative will determine and inform Contractor whether a flagman need be present and whether Contractor needs to
<br />implement any special protective or safety measures. If flagging or other special protective or safety measures are
<br />performed by Railroad, Railroad will bill Contractor for such expenses incurred by Railroad, unless Railroad and a federal,
<br />state or local governmental entity have agreed that Railroad is to bill such expenses to the federal, state or local
<br />governmental entity. If Railroad will be sending the bills to Contractor, Contractor shall pay such bills within thirty (30) days
<br />of Contractor's receipt of billing. If Railroad performs any flagging, or other special protective or safety measures are
<br />performed by Railroad, Contractor agrees that Contractor is not relieved of any of its responsibilities or liabilities set forth in
<br />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
<br />flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect
<br />at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health
<br />and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension,
<br />Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite
<br />charge will be the prevailing composite charge in effect at the time the work is performed. One and one -half times the
<br />current hourly rate is paid for overtime, Saturdays and Sundays, and two and one -half times current hourly rate for
<br />holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and
<br />may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on
<br />labor are also subject to change. If the wage rate or additional charges are changed, Contractor (or the governmental
<br />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
<br />the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be
<br />required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be
<br />required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which
<br />Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such
<br />flagman to other work, even though Contractor may not be working during such time. When it becomes necessary for
<br />Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining
<br />agreements, Contractor must provide Railroad a minimum of thirty (30) days notice prior to the cessation of the need for a
<br />flagman. If thirty (30) days notice of cessation is not given, Contractor will still be required to pay flagging charges for the
<br />thirty (30) day notice period required by union agreement to be given to the employee, even though flagging is not required
<br />for that period. An additional ten (10) days notice must then be given to Railroad if flagging services are needed again after
<br />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
<br />and maintain its entire property including the right and power of Railroad to construct, maintain, repair, renew, use, operate,
<br />change, modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other wielines, pipelines and
<br />other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or
<br />times by Railroad without liability to Contractor or to any other party for compensation or damages.
<br />CROE — Texas City/County — ExB Page 1 of 4 Exhibit B
<br />Form Approved AVP -Law 031210 General Terms & Conditions
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