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4 <br />g:\share\dallen\california\2938-13 public highway at grade crossing-030113.doc <br />may be adequately safeguarded, protected and assured, and in order that accidents may <br />be prevented and avoided, it is agreed with respect to all of said work of the Political Body <br />that the work will be performed in a safe manner and in conformity with the following <br />standards: <br /> <br />A. Definitions. All references in this Agreement to the Political Body shall also <br />include the Contractor and their respective officers, agents and employees, and others <br />acting under its or their authority; and all references in this Agreement to work of the <br />Political Body shall include work both within and outside of the Railroad’s property. <br /> <br />B. Entry on to Railroad's Property by Political Body. If the Political Body's <br />employees need to enter Railroad's property in order to perform an inspection of the <br />Roadway, minor maintenance or other activities, the Political Body shall first provide at <br />least ten (10) working days advance notice to the Railroad Representative. With respect to <br />such entry on to Railroad’s property, the Political Body, to the extent permitted by law, <br />agrees to release, defend and indemnify the Railroad from and against any loss, damage, <br />injury, liability, claim, cost or expense incurred by any person including, without limitation, <br />the Political Body’s employees, or damage to any property or equipment (collectively the <br />“Loss”) that arises from the presence or activities of Political Body’s employees on <br />Railroad’s property, except to the extent that any Loss is caused by the sole direct <br />negligence of Railroad. <br /> <br />C. Flagging. <br /> <br />(i) If the Political Body's employees need to enter Railroad's property as <br />provided in Paragraph B above, the Political Body agrees to notify the Railroad <br />Representative at least thirty (30) working days in advance of proposed performance of <br />any work by Political Body in which any person or equipment will be within twenty-five (25) <br />feet of any track, or will be near enough to any track that any equipment extension (such <br />as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. <br />No work of any kind shall be performed, and no person, equipment, machinery, tool(s), <br />material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within <br />twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and <br />until a Railroad flagman is provided to watch for trains. Upon receipt of such thirty (30) day <br />notice, the Railroad Representative will determine and inform Political Body whether a <br />flagman need be present and whether Political Body needs to implement any special <br />protective or safety measures. If flagging or other special protective or safety measures <br />are performed by Railroad, Railroad will bill Political Body for such expenses incurred by <br />Railroad. If Railroad performs any flagging, or other special protective or safety measures <br />are performed by Railroad, Political Body agrees that Political Body is not relieved of any of <br />its responsibilities or liabilities set forth in this Agreement. <br /> <br />(ii) The rate of pay per hour for each flagman will be the prevailing hourly rate in <br />effect for an eight-hour day for the class of flagmen used during regularly assigned hours <br />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,