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Norfolk Southern Railway Company <br />Norfolk Southern - Special Provisions for Protection of Railway Interests <br />July 23, 2018, Updated March 11, 2021 <br />Appendix <br />E-14 <br /> <br /> <br /> <br />2. Under the terms of the agreement between the Sponsor and the Railroad, the Railroad <br />has sole authority to determine the need for flagging required to protect its operations. <br />In general, the requirements of such services will be whenever the Contractor’s <br />personnel or equipment are or are likely to be, working on the Railroad’s right-of- <br />way, or across, over, adjacent to, or under a track, or when such work has <br />disturbed or is likely to disturb a Railroad structure or the Railroad roadbed or <br />surface and alignment of any track to such extent that the movement of trains <br />must be controlled by flagging. <br /> <br />3. Normally, the Railroad will assign one flagman to a project; but in some cases, <br />more than one may be necessary, such as yard limits where three (3) flagmen may be <br />required. However, if the Contractor works within distances that violate <br />instructions given by the Railroad’s authorized representative or performs work <br />that has not been scheduled with the Railroad’s authorized representative, a <br />flagman or flagmen may be required full time until the project has been completed. <br /> <br />4. For Projects exceeding 30 days of construction, Contractor shall provide the flagmen a <br />small work area with a desk/counter and chair within the field/site trailer, including the <br />use of bathroom facilities, where the flagman can check in/out with the Project, as well <br />as to the flagman’s home terminal. The work area should provide access to two (2) <br />electrical outlets for recharging radio(s), and a laptop computer; and have the ability to <br />print off needed documentation and orders as needed at the field/site trailer. This <br />should aid in maximizing the flagman’s time and efficiency on the Project. <br /> <br />B. Scheduling and Notification: <br /> <br />1. The Contractor’s work requiring Railroad flagging should be scheduled to limit the <br />presence of a flagman at the site to a maximum of 50 hours per week. The <br />Contractor shall receive Railroad approval of work schedules requiring a flagman’s <br />presence in excess of 40 hours per week. <br /> <br />2. Not later than the time that approval is initially requested to begin work on <br />Railroad right-of-way, Contractor shall furnish to the Railroad and the Sponsor a <br />schedule for all work required to complete the portion of the project within Railroad <br />right-of-way and arrange for a job site meeting between the Contractor, the <br />Sponsor, and the Railroad’s authorized representative. Flagman or Flagmen may not be <br />provided until the job site meeting has been conducted and the Contractor’s work <br />scheduled. <br /> <br />3. The Contractor will be required to give the Railroad representative at least 10 working <br />days of advance written notice of intent to begin work within Railroad right-of- <br />way in accordance with this special provision. Once begun, when such work is <br />then suspended at any time, or for any reason, the Contractor will be required to <br />give the Railroad representative at least 3 working days of advance notice before <br />resuming work on Railroad right-of-way. Such notices shall include sufficient details <br />of the proposed work to enable the Railroad representative to determine if flagging will <br />be required. If such notice is in writing, the Contractor shall furnish the Engineer a <br />copy; if notice is given verbally, it shall be confirmed in writing with copy to the <br />Engineer. If flagging is required, no work shall be undertaken until the flagman, or <br />flagmen are present at the job site. It may take up to 30 days to obtain flagging <br />initially from the Railroad. When flagging begins, the flagman is usually assigned <br />by the Railroad to work at the project site on a continual basis until no longer <br />EXHIBIT C