NOTICE OF COMMENCEMENT OF WORK - FLAGGING. A. Contractor agrees to notify the Railroad Representative at least ten (10) working days in advance of Contractor commencing its work and at least thirty (30) working days in advance of proposed performance of any work by Contractor in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. 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 until a Railroad flagman is provided to watch for trains. Upon receipt of such thirty (30) day notice, the Railroad Representative will determine and inform Contractor whether a flagman need be present and whether Contractor 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 Contractor for such expenses incurred by Railroad, unless Railroad and a federal, state or local governmental entity have agreed that Railroad is to bill such expenses to the federal, state or local governmental entity. If Railroad will be sending the bills to Contractor, Contractor shall pay such bills within thirty (30) days of Contractor's receipt of billing. If Railroad performs any flagging, or other special protective or safety measures are performed by Railroad, Contractor agrees that Contractor is not relieved of any of its responsibilities or liabilities set forth in this Agreement.
NOTICE OF COMMENCEMENT OF WORK - FLAGGING a. The Contractor agrees to notify the Railroad Representative at least 10 working days in advance of Contractor commencing its work and at least 5 working days in advance of proposed performance of any work by the Contractor in which any person or equipment will be within 25 feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within 25 feet of any track. 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 25 feet of any of Railroad’s track(s) at any time, for any reason, unless and until a Railroad flagman is provided to watch for trains. Upon receipt of such 5-day notice, the Railroad Representative will determine and inform the Contractor whether a flagman need be present and whether the Contractor need implement any special protective or safety measures. If flagging or other special protective or safety measures are performed by the Railroad, such services will be provided at Contractor’s expense with the understanding that if the Railroad provides any flagging or other services, the Contractor shall not be relieved of any of its responsibilities or liabilities set forth herein. Contractor shall promptly pay to Railroad all charges connected with such services within 30 days after presentation of a xxxx therefor.
NOTICE OF COMMENCEMENT OF WORK - FLAGGING. The Licensee agrees to notify the Railroad Representative at least Ten (10) days in advance of Licensee commencing its work and at least 24 hours in advance of proposed performance of any work by the Licensee in which any person or equipment will be within 25 feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within 25 feet of any track. Upon receipt of such notice, the Railroad Representative will determine and inform the Licensee whether a flagman need be present and whether the Licensee need implement any special protective or safety measures. If any flagmen or other special protective or safety measures are performed by the Railroad, such services will be provided at Licensee’s expense with the understanding that if the Railroad provides any flagging or other services, the Licensee shall not be relieved of any of its responsibilities or liabilities set forth herein.
NOTICE OF COMMENCEMENT OF WORK - FLAGGING. Licensee agrees to notify Licensor at least 48 hours in advance of Licensee commencing any work on the Pipeline project and at least 24 hours in advance of the proposed performance of any work by Licensee in which any person or equipment will be within 20 feet of any track, or will be near enough to any track that any equipment extension (including a crane boom) will reach to within 20 feet of any of Licensor’s track. Upon receipt of such notice, Licensor will determine and inform Licensee whether a flagman need be present and whether Licensee need implement any special protective or safety measures. If any flagmen or other special protective or safety measures are performed by the Licensor, such services will be provided at Licensee’s expense with the understanding that if the Licensor provides any flagging or other services Licensee shall not be relived of any of its responsibilities or liabilities set forth herein. If an emergency arises requiring immediate attention, Licensee shall provide as much notice as practicable to the Licensor before commencing any work. Flagging costs are billed in hourly increments, currently $100.00 per hour (which rate is subject to change).
