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Public Highway At-Grade Crossing 03/01/13
<br />Standard Form Approved, AVP-Law
<br />Exhibit B
<br />Page 1 of 4
<br />g:\share\dallen\california\2938-13 public highway at grade crossing-030113.doc
<br />EXHIBIT B
<br />TO
<br />CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
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<br />Section 1. NOTICE OF COMMENCEMENT OF WORK - FLAGGING.
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<br />A. Contractor agrees to notify the Railroad Representative at least ten (10) working days in advance of Contractor
<br />commencing its work and at least thirty (30) working days in advance of proposed performance of any work by 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
<br />of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be
<br />located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless
<br />and until a Railroad flagman is provided to watch for trains. Upon receipt of such thirty (30)-day notice, the Railroad
<br />Representative will determine and inform Contractor whether a flagman need be present and whether Contractor needs to
<br />implement any special protective or safety measures. If flagging or other special protective or safety measures are performed
<br />by Railroad, Railroad will bill Contractor for such expenses incurred by Railroad, unless Railroad and a federal, state or local
<br />governmental entity have agreed that Railroad is to bill such expenses to the federal, state or local governmental entity. If
<br />Railroad will be sending the bills to Contractor, Contractor shall pay such bills within thirty (30) days of Contractor's receipt of
<br />billing. If Railroad performs any flagging, or other special protective or safety measures are performed by Railroad, Contractor
<br />agrees that Contractor is not relieved of any of its responsibilities or liabilities set forth in this Agreement.
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<br />B. The rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the
<br />class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in
<br />effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health
<br />and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees
<br />Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be
<br />the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is
<br />paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject
<br />to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of
<br />negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the
<br />wage rate or additional charges are changed, Contractor (or the governmental entity, as applicable) shall pay on the basis of
<br />the new rates and charges.
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<br />C. Reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is
<br />furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event
<br />reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work.
<br />Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work
<br />on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by
<br />assignment of such flagman to other work , even though Contractor may not be working during such time. When it becomes
<br />necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining
<br />agreements, Contractor must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a
<br />flagman. If five (5) days notice of cessation is not given, Contractor will still be required to pay flagging charges for the five (5)
<br />day notice period required by union agreement to be given to the employee, even though flagging is not required for that period.
<br /> An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five day
<br />cessation notice has been given to Railroad.
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<br />Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED
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<br />A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the
<br />Railroad to use and maintain its entire property including the right and power of Railroad to construct, maintain, repair, renew,
<br />use, operate, change, modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other wirelines,
<br />pipelines 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
<br />time or times by Railroad without liability to Contractor or to any other party for compensation or damages.
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