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Agenda - Council - 01/24/1989
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Agenda - Council - 01/24/1989
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
01/24/1989
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Railroad operation. Wherever safeguarding of trains or traffic of Railroad is <br />mentioned in this agreement, it is intended to cover and include all users of <br />Ratlroad'~ ~c~J~.~ ~er~Jss~ ~r such use. <br /> <br /> Railroad shall give oral notice to City in advance of the employment <br />of flagmen and the use of protective services and devices, and the need <br />therefore; and said City will then issue a written order for the flagmen and <br />protective services and devices required by the Railroad. <br /> <br /> City will reimburse Railroad directly for all costs incurred for <br />flagging and other protective services and devices furnished in accoroance <br />with said orders. Bills for said costs for flaggin~ and other protective <br />services and devices ascertained in accordance with the provisions of FHPH <br />6-6-2-1 and FHPH 1-4-3 and other pertinent instructions issued by the Federal <br />Highway Administration, Department of Transportation, will be submitted by <br />Railroad currently during progress of the work contemplated by this agreement <br />and City shall pay such bills. Railroad will submit complete billing for <br />flagging and other protective services and devices within one hundred twenty <br />(120) days after completion of the project, provided City advises Railroad of <br />the commencement of the one hundred twenty (120) day period by notifying <br />Railroad of completion of the project. <br /> <br /> ^tt~ched hereto, ~arKed Exhibit "D" and by this reference ~ade a <br />part hereof, is a statement of conditions when flagmen and other protective <br />services and devices will be furnished by Railroad. <br /> <br /> Vii <br /> <br /> All contracts between the City and its contractor for either the <br />construction herein provided for or maintenance work on the highway within <br />crossing areas described herein or shown on the exhibits attached hereto, <br />shall require the contractor to protect and hold harmless the R~ilroad and any <br />other r~ilroad company occupying or using the Railroad's right of way or line <br />of railroad against all loss, liability and damage arising from activities of <br />the contractor, its forces or any of its subcontractors or agents during the <br />course of the work referred to in this Agreement; an~ shall further provide <br />that the contractor shall: <br /> <br /> l. Furnish to the Railroad Co~oany a Railroad Protective policy in <br /> the for~ provided by F~PH 6-6-2-2. The combined single li~it of <br /> said policy shall not be less than Two ~illion Dollars <br /> (S2,00D,O00) for all ~amages ~risinG out of bodily injuries to <br /> or Oeath of ~ny person or persons and for all damages arising <br /> out of the loss or destruc:ion of or injury or damage to <br /> property in any one occurrence, ~nd, subject to that limit a <br /> total (or aggregate) limit of not less than Six Hillion Dollars <br /> <br />-4- <br /> <br /> <br />
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