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Permit No. CFVR 110216A Page 6 of 9 CONTRACTOR OCCUPANCY/ACCESS AGREEMENT EXHIBIT`B" Requirements for Contractors working on RAILROAD Right-of-Way: A. In order to protect RAILROAD'S investment in its right-of-way and for the safety of persons coming onto RAILROAD property,RAILROAD has established certain requirements. The following constitute minimum requirements for all persons coming on or near RAILROAD right-of-way. CONTRACTOR is encouraged to develop their own safety rules that meet or exceed the following requirements.CONTRACTOR will not be allowed to occupy or work on RAILROAD right of way_prior to signing and dating this Agreement and returning it to the RAILROAD contact person noted herein B. All permits and agreements must be in effect,required payments made and insurance certificates received and approved prior to CONTRACTOR entering RAILROAD right-of-way. Insurance must remain in effect during the entire project. C. Any dewatering utilizing drains or ditches on RAILROAD property must be approved by RAILROAD. D. CONTRACTOR must have approved"Construction Plans"prior to commencing work on a project. No changes will be made to"Construction Plans"without approval by all parties involved. Approved revised plans will be furnished to all parties prior to implementation of changes. E.CONTRACTOR will incur all costs for track work,including flagging,etc.,made necessary due to the WORK. F. Pursuant to Federal Regulation,flagging protection is always required when equipment crosses or is working within 25 feet of center of any live track. When deemed necessary by RAILROAD,a flagman maybe required at all times while working on RAILROAD right-of-way. G. Crossing of any RAILROAD tracks must be done at approved locations and must be over full depth timbers,rubber,etc. Any equipment with steel wheels,lugs or tracks must not cross steel rails without aid of rubber tires or other approved protection. H. If temporary construction crossings are necessary,they must be covered by a Private Roadway and Crossing Agreement, and must be barricaded when not in use. A Private Roadway and Crossing Agreement is prepared by RAILROAD under the same general terms as this Agreement. I. CONTRACTOR must furnish details on how CONTRACTOR will perform work that may affect existing drainage and/or possible fouling of track ballast as well as removal of overhead bridges/structures. (Structures and bridge spans over tracks must be removed intact). J. Absolutely no piling of construction materials or any other material,including dirt,sand,etc.,within 15 feet of center on any secondary track(25 feet of Main Line and siding tracks)or on property of RAILROAD not covered by an existing Construction Easement,permit,lease or agreement. A 10'clear area on both sides of a main track must remain unobstructed at all times to allow for stopped train inspection. K.(a) All bore pits must be a minimum of 25 feet from the nearest outside rail of any track,measured at a 90 degree angle to said track and all undertrack bores shall be no less than six feet below the bottom of the ties. (b) No construction will be allowed within 15 feet of center of any track unless authorized by RAILROAD and as shown on plans approved by RAILROAD. This includes any excavation,slope encroachment and driving of sheet piles. L. No vehicles or machines shall remain unattended within 15 feet of a secondary track or within 25 feet of a Main Line track. M. Should CONTRACTOR in any way interfere with RAILROAD operations or damage property during constnuction operations over RAILROAD'S tracks and right-of-way,CONTRACTOR,upon demand by RAILROAD to CONTRACTOR and/or Client,shall immediately stop work on RAILROAD'S right-of-way for a period of not less than 48 hours to allow RAILROAD to investigate. Any necessary repairs shall be made by RAILROAD at CONTRACTOR'S.sole cost and expense.