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Contract Number: BF-20583561 <br /> <br /> <br />10 of 59 <br /> <br />set forth in the e-RAILSAFE Program, or who in Railroad's opinion, which may not be <br />unreasonable, may pose a threat to the safety or security of Railroad's operations, <br />assets or personnel. <br /> <br />iv) Contractors shall be responsible for ensuring that its employees, subcontractors and <br />agents are United States citizens or legally working in the United States under a lawful <br />and appropriate work VISA or other work authorization. <br /> <br />5) Railway Flagger Services <br /> <br />A. The Contractor must give BNSF’s Scheduling Agent (BNSFScheduling@wilsonco.com) a <br />minimum of thirty (30) calendar days advance notice when flagging services will be <br />required so that the Scheduling Agent can make appropriate arrangements (i.e., obtain <br />availability and cost estimate for three (3) approved vendors for selection ). If flagging <br />services are scheduled in advance by the Contractor and it is subsequently determined by <br />the parties hereto that such services are no longer necessary, the Contractor must give <br />the Scheduling Agent ten (10) working days advance notice so that appropriate <br />arrangements can be made to abolish the position pursuant to union requirements. <br /> <br />B. Unless determined otherwise by Railway’s Project Representative, protective flagging <br />services will be required when Contractor’s work activities are located over, under and/or <br />within twenty-five (25) feet measured horizontally from centerline of the nearest track and <br />when cranes or similar equipment positioned beyond 25 -feet from the track centerline <br />could foul the track in the event of tip over or other catastrophic occurrence, but not limited <br />thereto for the following conditions: <br /> <br />i) When, upon inspection by Railway’s Representative, other conditions warrant. <br /> <br />ii) When any excavation is performed below the bottom of tie elevation, if, in the opinion <br />of Railway's representative, track or other Railway facilities may be subject to <br />movement or settlement. <br /> <br />iii) When work in any way interferes with the safe operation of trains at timetable speeds. <br /> <br />iv) When any hazard is presented to Railway track, communications, signal, electrical, or <br />other facilities either due to persons, material, equipment or blasting in the vicinity. <br /> <br />v) Special permission must be obtained from the Railway before moving heavy or <br />cumbersome objects or equipment which might result in making the track impassable. <br /> <br />C. Flagging services will be performed by qualified Railway flaggers. <br />