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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-15 <br /> <br /> <br /> <br />needed and cannot be called for on a spot basis. If flagging becomes unnecessary <br />and is suspended, it may take up to 30 days to again obtain from the Railroad. <br />Due to Railroad labor agreements, it is necessary to give 5 working days notice before <br />flagging service may be discontinued and responsibility for payment stopped. <br /> <br />4. If, after the flagman is assigned to the project site, an emergency arises that <br />requires the flagman’s presence elsewhere, then the Contractor shall delay work on <br />Railroad right-of-way until such time as the flagman is again available. Any additional <br />costs resulting from such delay shall be borne by the Contractor and not the Sponsor or <br />Railroad. <br /> <br />C. Payment: <br /> <br />1. The Sponsor will be responsible for paying the Railroad directly for any and all costs of <br />flagging which may be required to accomplish the construction. <br /> <br />2. The estimated cost of flagging is the current rate per day based on a 10-hour work day. <br />This cost includes the base pay for the flagman, overhead, and includes a per diem <br />charge for travel expenses, meals and lodging. The charge to the Sponsor by the <br />Railroad will be the actual cost based on the rate of pay for the Railroad’s employees <br />who are available for flagging service at the time the service is required. <br /> <br />3. Work by a flagman in excess of 8 hours per day or 40 hours per week, but not more than <br />12 hours a day will result in overtime pay at 1 and 1/2 times the appropriate rate. <br />Work by a flagman in excess of 12 hours per day will result in overtime at 2 times <br />the appropriate rate. If work is performed on a holiday, the flagging rate is 2 and 1/2 <br />times the normal rate. <br /> <br />4. Railroad work involved in preparing and handling bills will also be charged to the <br />Sponsor. Charges to the Sponsor by the Railroad shall be in accordance with <br />applicable provisions of Subchapter B, Part 140, Subpart I and Subchapter G, Part <br />646, Subpart B of the Federal-Aid Policy Guide issued by the Federal Highway <br />Administration on December 9, 1991, including all current amendments. Flagging <br />costs are subject to change. The above estimates of flagging costs are provided for <br />information only and are not binding in any way. <br /> <br />D. Verification: <br /> <br />1. Railroad’s flagman will electronically enter flagging time via Railroad’s electronic <br />billing system. Any complaints concerning flagging must be resolved in a timely <br />manner. If the need for flagging is questioned, please contact the Railroad Engineer. <br />All verbal complaints will be confirmed in writing by the Contractor within 5 <br />working days with a copy to the Sponsor’s Engineer. Address all written <br />correspondence electronically to Railroad Engineer. <br /> <br />2. The Railroad flagman assigned to the project will be responsible for notifying the <br />Sponsor Engineer upon arrival at the job site on the first day (or as soon thereafter as <br />possible) that flagging services begin and on the last day that he performs such services <br />for each separate period that services are provided. The Sponsor’s Engineer will <br />document such notification in the project records. When requested, the Sponsor’s <br />Engineer will also sign the flagman’s diary showing daily time spent and activity at the <br />project site. <br />EXHIBIT C