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Public Highway At-Grade Crossing 03/01/13 Standard Form Approved, AVP-Law <br />4 <br /> <br />may be adequately safeguarded, protected and assured, and in order that accidents may 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 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, 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 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 Representative at least thirty (30) working days in advance of proposed performance of 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), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within 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 protective or safety measures. If flagging or other special protective or safety measures 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. (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,