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Last modified
9/29/2025 1:28:47 PM
Creation date
6/28/2022 12:56:17 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
6/6/2022
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PERM
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Reso 2022-079 Halcyon crossing
(Amended)
Path:
\City Clerk\City Council\Resolutions\2022
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4 <br />operations and communications are of the utmost importance; and in order that the <br />same may be adequately safeguarded, protected and assured, and in order that <br />accidents may be prevented and avoided, it is agreed with respect to all of said work of <br />the Political Body that the work will be performed in a safe manner and in conformity <br />with the following standards: <br /> <br />A. Definitions. All references in this Agreement to the Political Bod y 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 perfor m 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 Representat ive. With respect <br />to such entry on to Railroad’s property, the Political Body, to the extent permitted by law, <br />agrees to release, defend and indemnify the Railroa d 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 <br />(25) feet of any track, or will be near enough to any track that any equipment extension <br />(such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any <br />track. No work of any kind shall be performed, and no person, equipment, machine ry, <br />tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored <br />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 <br />(30) day notice, the Railroad Representative will determine and inform Political Body <br />whether a flagman need be present and whether Political Body needs to implement any <br />special protective or safety measures. If flagging or other special protective or safety <br />measures are performed by Railroad, Railroad will bill Political Body for such expenses <br />incurred by Railroad. If Railroad performs any flagging, or other special protective or <br />safety measures are performed by Railroad, Political Body agrees that Political Body is <br />not relieved of any of 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 <br />in effect for an eight-hour day for the class of flagmen used during regularly assigned <br />hours and overtime in accordance with Labor Agreements and Schedules in effect at the
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