CONTRACTORS RIGHT OF ENTRY AGREEMENT.PDF

UNION PACIFIC RAILROAD COMPANY
CONTRACTOR'S RIGHT OF ENTRY AGREEMENT BUILDING AMERICA"
Standard Form Approved, AVP-Law: 03101113
EXHIBITS A & A-1
TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
Shall be the Railroad Location Print & Detailed Prints
CONTRACTOR'S RIGHT OF ENTRY Page 1 of 1 Exhibits A &A-1
AGREEMENT Railroad Location & Detailed Prints
Standard Form Approved, AVP-Law: 03/01/13

UNION PACIFIC RAILROAD COMPANY
CONTRACTOR'S RIGHT OF ENTRY AGREEMENT BUILDING AM&RICK
Standard Form Approved, AVP-Law: 03/01/13
EXHIBIT B
TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
GENERAL TERMS AND CONDITIONS
Section 1. NOTICE OF COMMENCEMENT OF WORK - FLAGGING.
A. Contractor agrees to notify the Railroad Representative at least ten (10) working days in advance of Contractor
commencing its work and at least thirty (30) working days in advance of proposed performance of any work by Contractor
in 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 equipment extension (such 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 performed, and no person, equipment, machinery; tool(s), material(s), vehicle(s), or thing(s)
shall be located, operated, placed, or 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 provided to watch for trains. Upon receipt of Such thirty (30) day notice, the
Railroad Representative will determine and inform Contractor whether a flagman need be present and whether Contractor
needs to implement any special protective or safety measures. If flagging or other special protective or safety measures
are performed by Railroad, Railroad will bill Contractor for such expenses incurred by Railroad, unless Railroad and a
federal, state or local governmental entity have agreed that Railroad is to bill such expenses to the federal state or local
governmental entity. If Railroad will be sending the bills to:am -tractor, Contractor shall pay such bills within thirty (30) days
of Contractors receipt of billing. If Railroad performs any flagging; or other Special protective or safety measures are
performed by Railroad, Contractor agrees that ContraCtOrls not relieved of any of its responsibilities or liabilities set forth in
this Agreement.
.
B. The rate of pay per hour for each flagman will belhe Prevailing hourly rate in effect for an eight-hour day for the class of
flagmen used during regularly assigned hours and-overtime in accordance with Labor Agreements and Schedules in effect
at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health
and welfare, supplemental sicknesS, Railroad Retirement - and unemployment compensation, supplemental pension,
Employees Liability and Property Damage and Administration Will be included, computed on actual payroll. The composite
charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the
current hourly rate is paid for overtime and .Sundays; and two and one-half times current hourly rate for
holidays. Wage rates are subject to change at any time bylaw or by agreement between Railroad and its employees, and
may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on
labor are also subject to change, If the wage rate or additional charges are changed, Contractor (or the governmental
entity, as applicable) shall pay on the basis of the new rates and charges.
C. Reimbursement to Railroad willbe required Covering the full eight-hour day during which any flagman is furnished, unless
the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be
required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be
required for any day_tiot actually worked by the flagman following the flagman's assignment to work on the project for which
Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such
flagman to other work, even though Contractor may not be working during such time. When it becomes necessary for
Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining
agreements, Contractor must provide 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 not given, Contractor will still be required to pay flagging charges for the five
(5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that
period. An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such
five day cessation notice has been given to Railroad.
Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED
A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad to use
and maintain its entire property including the right and power of Railroad to construct, maintain, repair, renew, use, operate,
change, modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other wirelines, pipelines and
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
times by Railroad without liability to Contractor or to any other party for compensation or damages.
CONTRACTOR'S RIGHT OF ENTRY Page 1 of 4 Exhibit B
AGREEMENT General Terms & Conditions
Standard Form Approved, AVP-Law: 03/01/13

UNION PACIFIC RAILROAD COMPANY
CONTRACTOR'S RIGHT Or ENTRY AGREEMENT BUILDING AMERICA'
Standard Form Approved, AVP-Law: 03/01/13
B. The foregoing grant is also subject to all outstanding superior rights (whether recorded or unrecorded and including those
in favor of licensees and lessees of Railroad's property, and others) and the right of Railroad to renew and extend the
same, and is made without covenant of title or for quiet enjoyment.
Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS.
A. Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and operation of the
railroad tracks and property of Railroad, including without limitation, the operations of Railroad's lessees, licensees or
others, unless specifically authorized in advance by the Railroad Representative. Nothing shall be done or permitted to be
done by Contractor at any time that would in any manner impair the safety of such operations. When not in use,
Contractor's machinery and materials shall be kept at least fifty (50)feet from the centerline of Railroad's nearest track, and
there shall be no vehicular crossings of Railroads tracks except at existing open :public crossings.
B. Operations of Railroad and work performed by Railroad personnel and delays in the work to be performed by Contractor
caused by such railroad operations and work are expected by Contractor, and Contractor agrees that Railroad shall have
no liability to Contractor, or any other person or entity for any such delays. The Contractor shall coordinate its activities with
those of Railroad and third parties so as to avoid interference with railroad operations. The safe operation of Railroad train
movements and other activities by Railroad takes precedence over any work to be performed by Contractor.
Section 4. LIENS.
Contractor shall pay in full all persons who perform labor or provideMaterials for the work to be - performed by Contractor.
Contractor shall not create, permit or suffer any mechanieS or materialmen's liens of any kindor nature to be created or
enforced against any property of Railroad for any such work performed. Contractor shall indemnify and hold harmless Railroad
from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or
growing out of such work done, labor performed, or Materials furnished: If Contractor fails to promptly cause any lien to be
released of record, Railroad may, at its election, disCharge the lien or claim of lien at Contractor's expense.
Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
A. Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber optic cable systems is of extreme
importance since any break could disrupt 8ervice to usereresulting in business interruption and loss of revenue and profits.
Contractor shall telephone Railroad during normal business hours (7:00 a.m. to 9:00 p.m. Central Time Monday through
Friday, except holidays) 41,500 7336-9193 (also a 24-hour 7-day number for emergency calls) to determine if fiber optic
cable is buried anywhere on 'Railroad's property to be used by Contractor. If it is Contractor will telephone the
telecommunications company(ies)inVolved, make'arrangements for a cable locator and, if applicable, for relocation or
other protection Of the fiber optic cable.. Contractor shall not commence any work until all such protection or relocation (if
applicable) has been accompliShed. : :-
B. In addition to Other indemnity provisions in this Agreement, Contractor shall indemnify, defend and hold Railroad harmless
from and against all cotts, liability and expense whatsoever (including, without limitation, attorneys fees, court costs and
expenses) arising Out Of any act or omission of Contractor, its agents and/or employees, that causes or contributes to (1)
any damage to or destruction of any telecommunications system on Railroad's property, and/or (2) any injury to or death of
any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees,
on Railroad's property. Contractor shall not have or seek recourse against Railroad for any claim or cause of action for
alleged loss of profits or revenue or loss of service or other consequential damage to a telecommunication company using
Railroad's property or a customer or user of services of the fiber optic cable on Railroad's property.
Section 6. PERMITS - COMPLIANCE WITH LAWS.
In the prosecution of the work covered by this Agreement, Contractor shall secure any and all necessary permits and shall
comply with all applicable federal, state and local laws, regulations and enactments affecting the work including, without
limitation, all applicable Federal Railroad Administration regulations.
Section 7. SAFETY.
A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the work
performed by Contractor. Contractor shall be responsible for initiating, maintaining and supervising all safety, operations
and programs in connection with the work. Contractor shall at a minimum comply with Railroad's safety standards listed in
CONTRACTOR'S RIGHT OF ENTRY Page 2 of 4 Exhibit B
AGREEMENT General Terms & Conditions
Standard Form Approved, AVP-Law: 03/01/13

UNION PACIFIC RAILROAD COMPANY
CONTRACTOR'S RIGHT OF ENTRY AGREEMENT BUILDING AMERICA"
Standard Form Approved, AVP-Law: 03/01113
Exhibit D, hereto attached, to ensure uniformity with the safety standards followed by Railroad's own forces. As a part of
Contractor's safety responsibilities, Contractor shall notify Railroad if Contractor determines that any of Railroad's safety
standards are contrary to good safety practices. Contractor shall furnish copies of Exhibit D to each of its employees
before they enter the job site.
B. Without limitation of the provisions of paragraph A above, Contractor shall keep the job site free from safety and health
hazards and ensure that its employees are competent and adequately trained in all safety and health aspects of the job.
C. Contractor shall have proper first aid supplies available on the job site so that prompt first aid services may be provided to
any person injured on the job site. Contractor shall promptly notify Railroad of any U.S. Occupational Safety and Health
Administration reportable injuries. Contractor shall have a nondelegable duty to control its employees while they are on the
job site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their
possession any alcoholic beverage, drug or other substance that may inhibit the Safe performance of any work.
D. If and when requested by Railroad, Contractor shall deliver to Railroad a copy_of-Contractor's safety plan for conducting the
work (the "Safety Plan"). Railroad shall have the right, but not the obligation, to require Contractor to correct any
deficiencies in the Safety Plan. The terms of this Agreement shall control if there-are any inconsistencies between this
Agreement and the Safety Plan.
Section 8. INDEMNITY.
A. To the extent not prohibited by applicable statute, COntrector shall indemnify, defend and hold harmless Railroad, its
affiliates, and its and their officers, agents and employees (individually an "Indemnified Patty" or collectively "Indemnified
Parties") from and against any and all loss, damage, injury, liability demand, cost or expense (including, without
limitation, attorneys, consultants and expert's fees colitt-costs),fine or penalty (collectively, "Loss") incurred by any
person (including, without limitation, any Indemnified Party, Contractor, or any employee of Contractor or of any
Indemnified Party) arising out of or in any manner connected with (i) any work performed by Contractor, or (ii) any act or
omission of Contractor, its officers, agents or employees, or (iii) any breach of this Agreement by Contractor.
B. The right to indemnity under this 8ection. 8 shall accrue upon occurrence of the event giving rise to the Loss, and shall
apply regardless of any negligence or strict iithility of any.Indemnified Party, except where the Loss is caused by the sole
active negligence of an Indemnified Party as established-by the final judgment of a court of competent jurisdiction. The sole
active negligence of any Indemnified Party shall not bar the recovery of any other Indemnified Party.
C. Contractor expressly and specifically assumes potential liability under this Section 8 for claims or actions
brought by Contractor's own employees. Contractor waives any immunity it may have under worker's
compensation or industrial insurance acts to indemnify the Indemnified Parties under this Section 8. Contractor
acknowledges that this waiver was mutually negotiated by the parties hereto.
D. No court or jury findings in any employee's suit pursuant to any worker's compensation act or the Federal Employers'
Liability Act against a pally tO this Agreement may be relied upon or used by Contractor in any attempt to assert liability
against any Indemnified Party:
E. The provisions of this Section 8 shall survive the completion of any work performed by Contractor or the termination or
expiration of this Agreement. In no event shall this Section 8 or any other provision of this Agreement be deemed to limit
any liability Contractor may have to any Indemnified Party by statute or under common law.
Section 9. RESTORATION OF PROPERTY.
In the event Railroad authorizes Contractor to take down any fence of Railroad or in any manner move or disturb any of the
other property of Railroad in connection with the work to be performed by Contractor, then in that event Contractor shall, as
soon as possible and at Contractor's sole expense, restore such fence and other property to the same condition as the same
were in before such fence was taken down or such other property was moved or disturbed. Contractor shall remove all of
Contractor's tools, equipment, rubbish and other materials from Railroad's property promptly upon completion of the work,
restoring Railroad's property to the same state and condition as when Contractor entered thereon.
CONTRACTOR'S RIGHT OF ENTRY Page 3 of 4 Exhibit B
AGREEMENT General Terms & Conditions
Standard Form Approved, AVP-Law: 03101/13

UNION PACIFIC RAILROAD COMPANY
CONTRACTOR'S RIGHT OF ENTRY AGREEMENT BUILDING AMERICA'
Standard Form Approved, AVP-Law: 03/01/13
Section 10. WAIVER OF DEFAULT.
Waiver by Railroad of any breach or default of any condition, covenant or agreement herein contained to be kept, observed
and performed by Contractor shall in no way impair the right of Railroad to avail itself of any remedy for any subsequent breach
or default.
Section 11. MODIFICATION - ENTIRE AGREEMENT.
No modification of this Agreement shall be effective unless made in writing and signed by Contractor and Railroad. This
Agreement and the exhibits attached hereto and made a part hereof constitute the entire understanding between Contractor
and Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with
respect to the work to be performed by Contractor.
Section 12. ASSIGNMENT - SUBCONTRACTING.
Contractor shall not assign or subcontract this Agreement, or any interest therein, without the written consent of the
Railroad. Contractor shall be responsible for the acts and omissions of all subcontractors." Before Contractor commences any
work, the Contractor shall, except to the extent prohibited by law; .(1) require each of its subcontractors to include the
Contractor as "Additional Insured" in the subcontractor's Commercial General Liability policy and Business Automobile policies
with respect to all liabilities arising out of the subcontractor's performance:Of...work on behalf of . the Contractor by endorsing
these policies with ISO Additional Insured Endorsements CG 20'26, -and CA 20 48 (or substitute . forms providing equivalent
coverage; (2) require each of its subcontractors to endorse their Commercial General Liability Polity with "Contractual Liability
Railroads" ISO Form CG 24 17 10 01 (or a substitute form providing equivalent coverage) for the job site; and (3) require each
of its subcontractors to endorse their Business Automobile Policy with "Coverage For Certain Operations In Connection With
Railroads" ISO Form CA 20 70 10 01 (or a substitute form providing equivalent coverage) for the job site.
CONTRACTOR'S RIGHT OF ENTRY Page 4 of 4 Exhibit B
AGREEMENT General Terms & Conditions
Standard Form Approved, AVP-Law: 03/01/13

UNION PACIFIC RAILROAD COMPANY
CONTRACTOR'S RIGHT OF ENTRY AGREEMENT BUILDING AMERICA"
Standard Form Approved, AVP-Law: 03/01113
EXHIBIT C
TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
INSURANCE PROVISIONS
Contractor shall, at its sole cost and expense, procure and maintain during the course of the Project and until all Project
work on Railroad's property has been completed and the Contractor has removed all equipment and materials from Railroad's
property and has cleaned and restored Railroad's property to Railroad's satisfaction, the following insurance coverage:
A. Commercial General Liability Insurance. Commercial general liability (CGL) with a limit of not less than $5,000,000
each occurrence and an aggregate limit of not less than $10,000,000. CGL insurance must be written on ISO occurrence
form CG 00 01 12 04 (or a substitute form providing equivalent coverage).
The policy must also contain the following endorsement, which must be stated on the certificate of insurance:
• Contractual Liability Railroads ISO form CG 24 17 10 01 (or a-substitute form providing equivalent coverage) showing
"Union Pacific Railroad Company Property" as the Designated Job Site.
• Designated Construction Project(s) General Aggregate Limit ISO Form CG 25 03 03 97 (or a substitute form providing
equivalent coverage) showing the project on the form schedule.
B. Business Automobile Coverage Insurance. Business auto coverage written on ISO form CA 00 01 10 01 (or a
substitute form providing equivalent liability coverage) with a combined single limit of not less $5,000,000 for each accident
and coverage must include liability arising out of any auto (including awned, hired and non-owned autos).
The policy must contain the following endorsements, which must be stated on the certificate of insurance:
• Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute form
providing equivalent coverage) showing "Union Pacific Property" as the Designated Job Site
• Motor Carrier Act Endorsement - Hazardous materials clean up (MCS-90) if required by law.
C. Workers' Compensation and Employers Liability insurance. Coverage must include but not be limited to:
• Contractor's statutory liability under the workers' compensation laws of the state where the work is being performed.
• Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each
employee.
If ContractoriS self-insured, evidence of state approval and excess workers compensation coverage must be provided.
Coverage Must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the
Outer Continental Shelf Land Act, if.applicable.
The policy must contain the following endorsement, which must be stated on the certificate of insurance:
• Alternate Employer endorsement ISO form WC 00 03 01 A (or a substitute form providing equivalent coverage)
showing Railroad in the schedule as the alternate employer (or a substitute form providing equivalent coverage).
D. Railroad Protective Liability Insurance. Contractor must maintain "Railroad Protective Liability" (RPL) insurance written
on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Railroad as
named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of $6,000,000. The definition of
"JOB LOCATION" and "WORK" on the declaration page of the policy shall refer to this Agreement and shall describe all
WORK or OPERATIONS performed under this agreement. Contractor shall provide this Agreement to Contractor's
insurance agent(s) and/or broker(s) and Contractor shall instruct such agent(s) and/or broker(s) to procure the insurance
coverage required by this Agreement. A BINDER STATING THE POLICY IS IN PLACE MUST BE SUBMITTED TO
RAILROAD BEFORE THE WORK MAY COMMENCE AND UNTIL THE ORIGINAL POLICY IS FORWARDED TO UNION
PACIFIC RAILROAD.
E. Umbrella Or Excess Insurance. If Contractor utilizes umbrella or excess policies, these policies must 'follow form" and
afford no less coverage than the primary policy.
CONTRACTOR'S RIGHT OF ENTRY Page 1 of 2 Exhibit C
AGREEMENT Insurance Provisions
Standard Form Approved, AVP-Law: 03/01/13

UNION PACIFIC RAILROAD COMPANY
CONTRACTOR'S RIGHT OF ENTRY AGREEMENT BUILDING AMERICA"
Standard Form Approved, AVP-Law 03/01/13
F. Pollution Liability insurance. Pollution liability coverage must be included when the scope of the work as defined in the
Agreement includes installation, temporary storage, or disposal of any "hazardous" material that is injurious in or upon land,
the atmosphere, or any watercourses; or may cause bodily injury at any time.
If required, coverage may be provided in separate policy form or by endorsement to Contractors CGL or RPL. Any form
coverage must be equivalent to that provided in ISO form CG 24 15 "Limited Pollution Liability Extension Endorsement" or
CG 28 31 "Pollution Exclusion Amendment" with limits of at least $5,000,000 per occurrence and an aggregate limit of
$10,000,000.
If the scope of work as defined in this Agreement includes the disposal of any hazardous or non-hazardous materials from
the job site, Contractor must furnish to Railroad evidence of pollution legal liability insurance maintained by the disposal site
operator for losses arising from the insured facility accepting the materials, with coverage in minimum amounts of
$1,000,000 per loss, and an annual aggregate of $2,000,000.
Other Requirements
G. All policy(ies) required above (except worker's compensation and„employers liability) must include Railroad as "Additional
Insured" using ISO Additional Insured Endorsements CG 20 26,. -and CA 20 48 (or substituteforms providing equivalent
coverage). The coverage provided to Railroad as additional insured -shall, to the extent .provided 'under ISO Additional
Insured Endorsement CG 20 26, and CA 20 48 provide coverage for Railroad's negligence whether Sole or partial, active
or passive, and shall not be limited by Contractor's liability under the indemnity provisions of this Agreement.
H. Punitive damages exclusion, if any, must be deleted (and -the deletion indicated on the certificate of insurance), unless the
law governing this Agreement prohibits all punitive damages that might arise under this Agreement.
I. Contractor waives all rights of recovery, and its insurers also WaiveI all rights of subrogation of damages against Railroad
and its agents, officers, directors and employee8.' This waiver must be stated on the certificate of insurance.
J. Prior to commencing the work, Contractor shall furnish Railroad with a certificate(s) of insurance, executed by a duly
authorized representative of each insurer„showing compliance with the insurance requirements in this Agreement.
K. All insurance policies must be written by -reputable insurance company acceptable to Railroad or with a current nest's
Insurance Guide Rating.of A- and Class VII -or better, and authorized to do business in the state where the work is being
performed. '
L. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractor will not be deemed to release or
diminish the liability of Contractor, including, .without limitation, liability under the indemnity provisions of this Agreement.
Damages reCoverable by Railroad from Contrabtor or any third party will not be limited by the amount of the required
insurance coverage.
CONTRACTOR'S RIGHT OF ENTRY Page 2 of 2 Exhibit C
AGREEMENT Insurance Provisions
Standard Form Approved, AVP-Law: 03/01/13

UNION PACIFIC RAILROAD COMPANY
CONTRACTOR'S RIGHT OF ENTRY AGREEMENT BUILDING AMERICA'
Standard Form Approved, AVP-Law: 03101113
EXHIBIT D
TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
MINIMUM SAFETY REQUIREMENTS
The term "employees" as used herein refer to all employees of Contractor as well as all employees of any subcontractor or
agent of Contractor.
I. CLOTHING
A. All employees of Contractor will be suitably dressed to perform their duties safely and in a manner that will not interfere with
their vision, hearing, or free use of their hands or feet.
Specifically, Contractor's employees must wear:
i. Waist-length shirts with sleeves.
ii. Trousers that cover the entire leg. If flare-legged trousers are worn, the trouser bottoms must be tied to prevent
catching. . • . -
iii. Footwear that covers their ankles and has a defined heel. Employees working on bridges are required to wear
safety-toed footwear that conforms to the AmeriCan National Standards Institute -(ANSI) and FRA footwear
requirements.
B. Employees shall not wear boots (other than work boots), sandals, canVas-type - shoeS; or other shoes that have thin soles
or heels that are higher than normal.
C. Employees must not wear loose or ragged clothing, neckties, fingerrings, or other loose jewelry while operating or working
on machinery.
II. PERSONAL PROTECTIVE EQUIPMENT
Contractor shall require its employees to Wear perSonatprotective equipment as specified by Railroad rules, regulations, or
recommended or requested by the Railroad Representative.
i. Hard hat that meet the American National Standard (ANSI) Z89,1 — latest revision. Hard hats should be affixed
with Contractors company lOgoor name
ii. Eye protection that meets American National Standard (ANSI) for occupational and educational eye and face
protection, Z87.1— latest revision.. Additional eye protection must be provided to meet specific job situations such
as welding, grinding, etc:i
Hearing protection which affords enough attenuation to give protection from noise levels that will be occurring on
the job site Hearing proteCtion, in the form of plugs or muffs, must be worn when employees are within:
• 100 feet of a locomotiVe,or roadway/work equipment
• 15 feet of power operated:tools
• 150 feet of jet blowers Or pile drivers
• 150 feet of retarders in use (when within 10 feet, employees must wear dual ear protection — plugs and muffs)
iv. Other types of personal protective equipment, such as respirators, fall protection equipment, and face shields,
must be worn as recommended or requested by the Railroad Representative.
III. ON TRACK SAFETY
Contractor is responsible for compliance with the Federal Railroad Administration's Roadway Worker Protection regulations
49CFR214, Subpart C and Railroad's On-Track Safety rules. Under 49CFR214, Subpart C, railroad contractors are
responsible for the training of their employees on such regulations. In addition to the instructions contained in Roadway Worker
Protection regulations, all employees must:
i. Maintain a distance of twenty-five (25) feet to any track unless the Railroad Representative is present to authorize
movements.
ii Wear an orange, reflectorized workwear approved by the Railroad Representative.
CONTRACTOR'S RIGHT OF ENTRY Page 1 of 2 Exhibit D
AGREEMENT Minimum Safety Requirements
Standard Form Approved, AVP-Law. 03/01113

UNION PACIFIC RAILROAD COMPANY
CONTRACTOR'S RIGHT OF ENTRY AGREEMENT BUILDING AMERICA'
Standard Form Approved, AVP-Law 03/01/13
iii. Participate in a job briefing that will specify the type of On-Track Safety for the type of work being performed.
Contractor must take special note of limits of track authority, which tracks may or may not be fouled, and clearing
the track. Contractor will also receive special instructions relating to the work zone around machines and
minimum distances between machines while working or traveling.
IV. EQUIPMENT
A. It is the responsibility of Contractor to ensure that all equipment is in a safe condition to operate. If, in the opinion of the
Railroad Representative, any of Contractor's equipment is unsafe for use, Contractor shall remove such equipment from
Railroad's property. In addition, Contractor must ensure that the operators of all equipment are properly trained and
competent in the safe operation of the equipment. In addition, operators must be:
I. Familiar and comply with Railroad's rules on lockout/tagout of equipment:.
Trained in and comply with the applicable operating rules if operating:any hy-rail equipment on-track.
Hi. Trained in and comply with the applicable air brake rules if operating -any equipment that moves rail cars or any
other railbound equipment.
B. All self-propelled equipment must be equipped with a first-aid kit, fire extinguisher and audible back-up warning device.
C. Unless otherwise authorized by the Railroad Representative, all equipment must be parked _a minimum of twenty-five (25)
feet from any track. Before leaving any equipment unattended, the operator must stop the engine and properly secure the
equipment against movement.
D. Cranes must be equipped with three orange cones that will be used to mark the wOrking area of the crane and the
minimum clearances to overhead powerlines.
V. GENERAL SAFETY REQUIREMENTS
A. Contractor shall ensure that all waste is properly disposed of in accordance with applicable federal and state regulations.
B. Contractor shall ensure that all employees participate in and comply with a job briefing conducted by the Railroad
Representative, if applicable. During this briefing ; the Railroad Representative will specify safe work procedures, (including
On-Track Safety) and the potential hazards -, of the jOb. .If any employee has any questions or concerns about the work, the
employee must voice them during the job briefing. Additional job briefings will be conducted during the work as conditions,
work procedures, or personnel change
C. All track work performed byContractor :meets the Minimum safety requirements established by the Federal Railroad
Administration's Track Safety Standarde-49CFR218.
D. All employees comply with the f011OWing safety procedures when working around any railroad track:
i. Always be on. the alert for Moving equipment. Employees must always expect movement on any track, at any
time, in either ditectiOn....
ii. Do not step or walk on the top of the rail, frog, switches, guard rails, or other track components.
iii. In passing around the ends of standing cars, engines, roadway machines or work equipment, leave at least 20 feet
between yourself and.the end of the equipment. Do not go between pieces of equipment of the opening is less
than one car length(50 feet).
iv. Avoid walking or standing on a track unless so authorized by the employee in charge.
v. Before stepping over or crossing tracks, look in both directions first.
vi. Do not sit on, lie under, or cross between cars except as required in the performance of your duties and only when
track and equipment have been protected against movement.
E. All employees must comply with all federal and state regulations concerning workplace safety.
CONTRACTOR'S RIGHT OF ENTRY Page 2 of 2 Exhibit ID
AGREEMENT Minimum Safety Requirements
Standard Form Approved, AVP-Law: 03/01113

EXHIBIT D
To Supplemental Public Highway At-Grade
Crossing Improvement Agreement
Cover Sheet for the Form of
General Terms & Conditions