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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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5 <br />time the work is performed. In addition to the cost of such labor, a composite charge for <br />vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and <br />unemployment compensation, supplemental pension, Employees Liability and Property <br />Damage and Administration will be included, computed on actual payroll. The composite <br />charge will be the prevailing composite charge in effect at the time the work is performed. <br />One and one-half times the current hourly rate is paid for overtime, Saturdays and <br />Sundays, and two and one-half times current hourly rate for holidays. Wage rates are <br />subject to change, at any time, by law or by agreement between Railroad and its <br />employees, and may be retroactive as a result of negotiations or a ruling of an authorized <br />governmental agency. Additional charges on labor are also subject to change. If the <br />wage rate or additional charges are changed, Political Body shall pay on the basis of the <br />new rates and charges. <br /> <br />(iii) Reimbursement to Railroad will be required covering the full eight -hour day <br />during which any flagman is furnished, unless the flagman can be assigned to other <br />Railroad work during a portion of such day, in which event reimbursement will not be <br />required for the portion of the day during which the flagman is engaged in other Railroad <br />work. Reimbursement will also be required for any day not actually worked by the flagman <br />following the flagman's assignment to work on the project for which Railroad is required <br />to pay the flagman and which could not reasonably be avoided by Railroad by assignment <br />of such flagman to other work, even though Political Body may not be working during <br />such time. When it becomes necessary for Railroad to bulletin and assign an employee <br />to a flagging position in compliance with union collective bargaining agreements, Political <br />Body must provide Railroad a minimum of five (5) days notice prior to the cessation of the <br />need for a flagman. If five (5) days notice of cessation is not given, Political Body will still <br />be required to pay flagging charges for the five (5) day notice period required by union <br />agreement to be given to the employee, even though flagging is not required for that <br />period. An additional thirty (30) days notice must then be given to Railroad if flagging <br />services are needed again after such five day cessation notice has been given to <br />Railroad. <br /> <br />D. Compliance With Laws. The Political Body shall comply with all applicable <br />federal, state and local laws, regulations and enactments affecting the work. The <br />Political Body shall use only such methods as are consistent with safety, both as <br />concerns the Political Body, the Political Body's age nts and employees, the officers, <br />agents, employees and property of the Railroad and the public in general. The Political <br />Body (without limiting the generality of the foregoing) shall comply with all applicable <br />state and federal occupational safety and health acts and regulations. All Federal <br />Railroad Administration regulations shall be followed when work is performed on the <br />Railroad's premises. If any failure by the Political Body to comply with any such laws, <br />regulations, and enactments, shall result in any fine, penalty, cost or charge being <br />assessed, imposed or charged against the Railroad, the Political Body shall reimburse, <br />and to the extent it may lawfully do so, indemnify the Railroad for any such fine, penalty, <br />cost, or charge, including without limitation attorney's fees, court costs and expenses. <br />The Political Body further agrees in the event of any such action, upon notice thereof <br />being provided by the Railroad, to defend such action free of cost, charge, or expense
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