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Confractor's ROE ExB 7 f 30/01
<br />Form Appiroved, AVP-Law
<br />EXI~IF IT B
<br />TO CONTRACTOR'S R1GHT OF ENTRY AGREEMENT
<br />Section 1. NOTICE OF COMMENCEMENT OF WORK -FLAGGING
<br />A. The Contractor agrees to notify the Railroad Representative at ]east ten (10) working days in advance of Contractor
<br />commencing its work and at least ten (10) working days in advance of proposed perfornlance of any work by the Conhactor 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
<br />of 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 v~~ithin twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until
<br />a Railroad flagman is provided to watch for trains. Upon receipt of such ten (10)-day notice, the Railroad Representative will
<br />determine and inform the Contractor whether a flagman need be present and whether the Contractor need implement any
<br />special protective or safety measures. If flagging or other special protective or safety measures are performed by the Railroad,
<br />such services will be provided at Contractor's expense with the understanding that if the Railroad provides any flagging or
<br />other services, the Contractor shall not be relieved of any of its responsibilities or liabilities set forth herein. Contractor shall
<br />promptly 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
<br />men used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the
<br />time the 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 Damage and Administration will be included, computed on actual payroll. The composite charge will be the
<br />prevailing composite charge in effect on the day of execution of this agreement. One and one-half times the current hourly rate
<br />is paid for overtime, Saturdays and Sundays; two and one-half times current hourly rate for holidays. Wage rates are subject to
<br />change, at any time, by law or by agreement between the Railroad and its employees, and may be retroactive as a result of
<br />negotiations or a ruling of an authorized Governmental Agency. Additional charges an labor are also subject to change. If the
<br />wage rate or additional charges are changed, 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
<br />furnished, unless he can be assigned to other Railroad work during a portion of such day, in which event reimbursement will
<br />not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will
<br />also be required for any day not actually worked. by said flagman following his assignment to work on the project for which the
<br />Railroad is required to pay the flagman and which could not reasonably be avoided by the Railroad by assignment of such
<br />flagman to other work ,even though the Contractor may not be working during such time. When it becomes necessary for the
<br />Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements,
<br />the Contractor must provide the Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If
<br />five (5)-days notice of cessation is not given, the Contractor will still be required to pay flagging charges far the five (5)-day
<br />notice period required by union agreement to be given to the employee, even though flagging is not required for that period.
<br />An additional ten (10} days notice must then be given to the Railroad if flagging service are needed again after such five day
<br />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
<br />to use and maintain its entire property 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 any time or
<br />times 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 reneyv and extend the same, and is made without covenant
<br />of 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
<br />operation. of the railroad tracks and propert~T of the Railroad, uZCluding without limitation, the operations of the Railroad's
<br />lessees, licensees or others, unless specifically authorized in advance by the Railroad Representative. Nothing shall be done or
<br />C: A'IEMP\3151-36 City of San Leandro, C~ -Alvarado St.doc Page 1 ~ EXhiblt Pi
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