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<br />Article 6. <br /> <br />TERM. <br /> <br />This Agreement shall take effect as of the Effective Date first herein written and shall continue in <br />full force and effect until terminated as herein provided. <br /> <br />SPECIAL PROVISION - RAILROAD FLAGMAN: WHEN REOUIRED: <br />FLAGGING CHARGES. <br /> <br />Article 7. <br /> <br />A. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), <br />material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within 25 feet of any of <br />Railroad's track(s) at any time, for any reason, unless and until a Railroad flagman is provided to watch <br />for trains, pursuant to the terms of the attached Exhibit 'B'. All expenses connected with the furnishing <br />of said flagman shall be at the sole cost and expense of the Licensee, who shall promptly pay to Railroad <br />all charges connected therewith, within 30 days after presentation of a bill therefore. <br /> <br />B. One and one-half times the current hourly rate is paid for overtime, Saturdays and <br />Sundays; two and one-half times current hourly rate for holidays. <br /> <br />C. Wage rates are subject to change, at any time, by law or by agreement between the <br />Railroad and its 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 wage rate or <br />additional charges are changed, the Licensee shall pay on the basis of the new rates and charges. <br /> <br />D. Reimbursement to the Railroad will be required covering the full eight hour day during <br />which any flagman is furnished, unless he can be assigned to other Railroad work during a portion of such <br />day, in which event reimbursement will not be required for the portion of the day during which the <br />flagman is engaged in other work. Reimbursement will also be required for any day not actually worked <br />by said flagman following his assignment to work on the project for which the Railroad is required to pay <br />the flagman and which could not reasonably be avoided by the Railroad Company by assignment of such <br />flagman to other work, even though the Licensee may not be working during such time. <br /> <br />E. Arrangements for flagging are to be made at least Ten (10) days In advance of <br />commencing work, with the Railroad Manager of Track Maintenance. <br /> <br />IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of <br />the date first herein written. <br /> <br />UNION PACIFIC RAILROAD COl\1P ANY <br /> <br /> <br />By: ~o~~ <br /> <br />Manager Contracts <br /> <br />CITY OF REDWOOD CITY <br /> <br />