|
CROE ExA 03/01/05
<br />40 BUILDING AMERICA" Form Approved - AVP Law
<br />EXHIBIT A
<br />TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
<br />TERMS AND CONDITIONS
<br />Section 1. NOTICE OF COMMENCEMENT OF WORK - FLAGGING.
<br />A. The Contractor agrees to notify the Railroad Representative at least ten (10) working days in advance of Contractor
<br />commencing its work and at least ten (10) working days in advance of proposed performance of any work by the Contractor in which
<br />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
<br />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
<br />be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed,
<br />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
<br />is provided to watch for trains. Upon receipt of such ten (10) -day notice, the Railroad Representative will determine and inform the
<br />Contractor whether a flagman need be present and whether the Contractor need implement any special protective or safety
<br />measures. If flagging or other special protective or safety measures are performed by the Railroad, such services will be provided
<br />at Contractor's expense with the understanding that if the Railroad provides any flagging or other services, the Contractor shall not
<br />be relieved of any of its responsibilities or liabilities set forth herein. Contractor shall promptly pay to Railroad all charges connected
<br />with such services within thirty (30) days after presentation of a bill.
<br />B. The rate of pay per hour for each man will be the prevailing hourly rate in effect for an eight hour day for the class of men
<br />used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the
<br />work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental
<br />sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage
<br />and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in
<br />effect on the day of execution of this agreement. One and one-half times the current hourly rate is paid for overtime, Saturdays and
<br />Sundays; two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by
<br />agreement between the Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized
<br />Governmental Agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed,
<br />the Contractor shall pay on the basis of the new rates and charges.
<br />C. Reimbursement to the Railroad will be required covering the full eight hour day during which any flagman is furnished, unless
<br />he can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the
<br />portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not
<br />actually worked by said flagman following his assignment to work on the project for which the Railroad is required to pay the flagman
<br />and which could not reasonably be avoided by the Railroad by assignment of such flagman to other work , even though the
<br />Contractor may not be working during such time. When it becomes necessary for the Railroad to bulletin and assign an employee
<br />to a flagging position in compliance with union collective bargaining agreements, the Contractor must provide the Railroad a minimum
<br />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, the Contractor
<br />will still be required to pay flagging charges for the five (5) -day notice period required by union agreement to be given to the
<br />employee, even though flagging is not required for that period. An additional ten (10) days notice must then be given to the Railroad
<br />if flagging service are needed again after such five day cessation notice has been given Railroad.
<br />Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED
<br />A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad to use
<br />and maintain its entire property including the right and power of the Railroad to construct, maintain, repair, renew, use, operate,
<br />change, modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other wirelines, pipelines and other
<br />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 the
<br />Railroad without liability to the Contractor or to any other party for compensation or damages.
<br />B. The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of
<br />the Railroad's property, and others) and the right of the Railroad to renew and extend the same, and is made without covenant of
<br />title or for quiet enjoyment.
<br />Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS.
<br />A. The Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and operation
<br />of the railroad tracks and property of the Railroad, including without limitation, the operations of the Railroad's lessees, licensees
<br />or others, unless specifically authorized in advance by the Railroad Representative. Nothing shall be done or permitted to be done
<br />CROE ExA 03/01/05 Page 1 of 3 Exhibit A
<br />Form Approved, AVP -Law To Contractor's Right of Entry Agreement
<br />
|