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Contractors ROE ExB 7/30/01
<br /> Form Approved, AVP -Law
<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 /> B. Operations of the Railroad and work performed by the Railroad personnel and delays in the work to be performed by the
<br /> Contractor caused by such railroad operations and work are expected by the Contractor, and Contractor agrees that the Railroad
<br /> shall have no liability to Contractor, its subcontractors or any other person or entity for any such delays. The Contractor shall
<br /> coordinate its activities with those of the Railroad and third parties so as to avoid interference with railroad operations. The safe
<br /> operation of the Railroad takes precedence over any work to be performed by the Contractor.
<br /> Section 4. LIENS.
<br /> The Contractor shall pay in full all persons who perform labor or provide materials for the work to be performed by
<br /> Contractor. The Contractor shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be
<br /> created or enforced against any property of the Railroad for any such work performed. The Contractor shall indemnify and hold
<br /> harmless the Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way
<br /> connected with or growing out of such work done, labor performed, or materials furnished. If the Contractor fails to promptly cause
<br /> any lien to be released of record, the Railroad may, at its election, discharge the lien or claim of lien at Contractor's expense.
<br /> Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
<br /> A. Fiber optic cable systems may be buried on the Railroads property. Protection of the fiber optic cable systems is of extreme
<br /> importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits.
<br /> Contractor shall telephone the Railroad during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday,
<br /> except holidays) at 1 -800- 336 -9193 (also a 24 -hour, 7 -day number for emergency calls) to determine if fiber optic cable is buried
<br /> anywhere on the Railroad's premises to be used by the Contractor. If it is, Contractor will telephone the telecommunications
<br /> company(ies) involved, make arrangements for a cable locator and, if applicable, for relocation or other protection of the fiber optic
<br /> cable. The Contractor shall not commence any work until all such protection or relocation Of applicable) has been accomplished.
<br /> B. In addition to other indemnity provisions in this Agreement, the Contractor shall indemnify, defend and hold the Railroad
<br /> harmless from and against all costs, liability and expense whatsoever (including, without limitation, attomeys' fees, court costs and
<br /> expenses) arising out of any act or omission of the Contractor, its contractor, agents and /or employees, that causes or contributes
<br /> to (1) any damage to or destruction of any telecommunications system on Railroad's property, and /or (2) any injury to or death of
<br /> any person employed by or on behalf of any telecommunications company, and /or its contractor, agents and /or employees, on
<br /> Railroad's property. Contractor shall not have or seek recourse against Railroad for any claim or cause of action for alleged loss
<br /> of profits or revenue or loss of service or other consequential damage to a telecommunication company using Railroad's property
<br /> or a customer or user of services of the fiber optic cable on Railroad's property.
<br /> Section 6. PERMITS COMPLIANCE WITH LAWS.
<br /> In the prosecution of the work covered by this agreement, the Contractor shall secure any and all necessary permits and
<br /> shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work including, without
<br /> limitation, all applicable Federal Railroad Administration regulations.
<br /> Section 7. SAFETY.
<br /> A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the work
<br /> performed by the Contractor. The Contractor shall be responsible for initiating, maintaining and supervising all safety, operations
<br /> and programs in connection with the work. The Contractor shall at a minimum comply with the Railroad's safety standards listed
<br /> in Exhibit D, hereto attached, to ensure uniformity with the safety standards followed by the Railroad's own forces. As a part of the
<br /> Contractor's safety responsibilities, the Contractor shall notify the Railroad if the Contractor determines that any of the Railroad's
<br /> safety standards are contrary to good safety practices. The Contractor shall furnish copies of Exhibit D to each of its employees
<br /> before they enter on the job site.
<br /> B. Without limitation of the provisions of paragraph A above, the Contractor shall keep the job site free from safety and health
<br /> hazards and ensure that its employees are competent and adequately trained in all safety and health aspects of the job.
<br /> C. The Contractor shall have proper first aid supplies available on the job site so that prompt first aid services may be provided
<br /> to any person injured on the job site. The Contractor shall promptly notify the Railroad of any U.S. Occupational Safety and Health
<br /> Administration reportable injuries. The Contractor shall have a nondelegable duty to control its employees while they are on the job
<br /> site or any other property of the Railroad, and to be certain they do not use, be under the influence of, or have in their possession
<br /> any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work.
<br /> H: \0ATA\Pavoriles \Public Road Crossing Agreements \2017- Page 2 of 4 Exhibit B
<br /> 95rev City of Pleasanton, CA Valley Ave.doc To Contractor's Right of Entry Agreement
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