R2012-186 AUTHORIZING THE EXECUTION OF A RIGHT OF ENTRY AGREEMENT

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or boring activities shall be conducted in the proximity of any known buried Railroad Company signal cables without the Railroad Company's Signal Maintainer being present. In order that the Railroad Company may be prepared to furnish protective services, it is incumbent upon the Grantee, Licensee, Permittee, and/or its Contractor to complete the Railroad Company's "Request for Flagging Services"form hereto attached, and notify Railroad Company sufficiently in advance of when the protective services are required. For work activities which require a flagman, Signal Maintainer or other Railroad Company personnel to be present while said work is being conducted, should the Railroad Company be unable to furnish the flagman or other personnel at the desired time or on the desired date(s), the Grantee, Licensee, Permittee and/or its Contractor shall not perform the said operation or work until such time and date(s) that appropriate Railroad Company personnel can be made available. It is understood the Railroad Company shall not be liable for any increased costs incurred by the Grantee, Licensee, Permittee and/or its Contractor owing to Railroad Company's inability or failure to have appropriate Railroad Company personnel available at the time or on the date requested. The rate of pay for the Railroad Company employees will be the prevailing hourly rate for an eight (8) hour day for the class of labor during regularly assigned work hours, overtime rates in accordance with Labor Agreements and Schedules and the Railroad Company's standard additives, all as in effect at the time the work is performed. Wage rates are subject to change, at any time, by law or by agreement between the Railroad Company and employees and may be retroactive because of negotiations or a ruling by an authorized Governmental Agent. If the wage rates are changed, the Grantee, Licensee, Permittee, and/or its Contractor shall pay on the basis of the new rates. No digging, trenching, or boring on Railroad Company property shall be conducted without Railroad Company's written approval of the plans that were furnished in advance of the excavation. The following temporary clearances are the minimum that must be maintained at all times during any operation: Vertical: 22'-0" (7.00 m) above top of highest rail within 12'-0" (3.81 m) of the centerline of any track Horizontal: 12'-0" (3.81 m)from centerline of the nearest track, measured at right angles thereto If lesser clearances than the above are required for any part of the work, the Grantee, Licensee, Permittee and/or its Contractor shall secure written authorization from the Railroad Company's Senior Engineering Manager for such lesser clearances in advance of the start of that portion of the work. No materials, supplies, or equipment will be stored within 15 feet of the centerline of any railroad track, measured at right angles thereto. The Grantee, Licensee, Permittee and/or its Contractor will be required upon the completion of the work to remove from within the limits of the Railroad Company's property all machinery, equipment, surplus materials, false work, rubbish or temporary buildings, and to leave said property in a condition satisfactory to the Senior Engineering Manager of the Railroad Company or his authorized representative. Illinois Central Railroad Company- Original