|
} Cor}trc~.-~tor's ROE E~cB 7/30/01
<br />Form Approved, AVP-Law
<br />~~~' B
<br />TO CONTRACTOR' S RIGHT OF ENTRY AGR~T
<br />Section 1. NOTICE OF COMMENG'EMEN'P OF WORK -FLAGGING.
<br />A The Contractor agrees to notify the Rclroad 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
<br />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
<br />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
<br />any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located,
<br />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
<br />Railroad flagman is provided to watch for trains. Upon receipt of such ten (10)-day notice, the Railroad Representative will
<br />determine and inf orm the Contractor whether a flagman need be present and whether. the Contractor need implement any special
<br />protective or safety measures. Tf flagging or other special protective or safety measures are performed by the Railroad, such
<br />services will be provided at Contractor's expense with the understanding that if the Railroad provides any flagging or other
<br />services, the Contractor shall not be relieved of any of its responsibilities or liabilities set forth herein. Contractor shall promptly
<br />pay to Railroad all charges connected 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,
<br />supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and
<br />Property Dcanage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing
<br />composite charge in effect on the day of execution of this agreement. One and one-half times the current hourly rate is paid for
<br />overtime, Saturdays and Sundays; two and one-half times current hourly rate for holidays. Wage rates are subject to change, at
<br />any time, bylaw or by agreement between the Railroad and its employees, and may be retroactive as a result of negotiations or
<br />a ruling of an authorized Governmental Agency. Additional charges on labor are also subject to change. If the wage rate or
<br />additional charges are changed, the Contractor shall pay on the basis of the new rates mzd charges.
<br />C. Reimbursement to the Railroad will be required covering the full eight hour day during which any flagman is furnished,
<br />unless he can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required
<br />for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for
<br />any day not actually worked by said flagman following his assignment to work on the project for which the Railroad is required
<br />to pay the flagman and which could not reasonably be avoided by the Railroad by assignment of such flagman to other work ,even
<br />though the Contractor may not be working during such time. When it becomes necessary for the Railroad to bulletin and assign
<br />an employee to a flagging position in compliance with union collective bargaining agreements, the Contractor must provide the
<br />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
<br />not given, the Contractor will still be required to pay flagging charges for the five (5)-day notice period required by union agreement
<br />to be given to the employee, even though flagging is not required for that period. An additional ten (10) days notice must-then be
<br />given to the Railroad if flagging service are needed again after such five day cessation notice has been given Railroad
<br />Section 2. LIIvITTATION 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
<br />use and maintain its entire properly including the right and power of the Railroad to construct, maintain, repair, renew, use,
<br />operate, change, modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other wirelines, pipelines
<br />and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at arty time or times
<br />by the 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 TTS 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 pemutted to be done
<br />by the Contractor at any time that would in any manner impair the safety of such operations. When not in use, Contractor's
<br />machinery and materials shall be kept at least fifty (50) feet from the centerline of the Railroad's nearest track, and there shall be
<br />no vehicular crossings of Railroads tracks except at existing open public crossings.
<br />H:\DATA~F'wor4tesWgreemeni Forms~Rood Crossing Page 1 Exhibit $
<br />Forms~public Road Crossing AgreemenLdnc
<br />
|