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<br />Program on their behalf and to release completed background information to <br />Railroad’s designee. Contractor shall be subject to periodic audit to ensure <br />compliance. <br /> <br />Contractor subject to the e-RAILSAFE Program hereunder shall not permit any of its <br />employees, subcontractors or agents to perform services hereunder who are not first <br />approved under e-RAILSAFE Program standards. Railroad shall have the right to <br />deny entry onto its premises or access as described in this section above to any of <br />Contractor's employees, subcontractors or agents who do not display the authorized <br />identification badge issued by a background screening service meeting the <br />standards set forth in the e-RAILSAFE Program, or who in Railroad's opinion, which <br />may not be unreasonable, may pose a threat to the safety or security of Railroad's <br />operations, assets or personnel. <br /> <br />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 <br />lawful and appropriate work VISA or other work authorization. <br /> <br /> <br />1.05 Railway Flagger Services: <br /> <br /> 1.05.01 The Contractor must give Railway’s Roadmaster (320-292-1812) a <br />minimum of thirty (30) calendar days advance notice when flagging services will be <br />required so that the Roadmaster can make appropriate arrangements (i.e., bulletin <br />the flagger’s position). If flagging services are scheduled in advance by the <br />Contractor and it is subsequently determined by the parties hereto that such <br />services are no longer necessary, the Contractor must give the Roadmaster five (5) <br />working days advance notice so that appropriate arrangements can be made to <br />abolish the position pursuant to union requirements. <br /> <br /> 1.05.02 Unless determined otherwise by Railway’s Project Representative, <br />Railway flagger will be required and furnished when Contractor’s work a ctivities are <br />located over, under and/or within twenty-five (25) feet measured horizontally from <br />centerline of the nearest track and when cranes or similar equipment positioned <br />beyond 25-feet from the track centerline could foul the track in the event of tip over <br />or other catastrophic occurrence, but not limited thereto for the following conditions: <br /> <br /> 1.05.02a When, upon inspection by Railway’s Representative, other conditions <br />warrant. <br /> <br /> 1.05.02b When any excavation is performed below the bottom of tie ele vation, if, <br />in the opinion of Railway's representative, track or other Railway <br />facilities may be subject to movement or settlement. <br /> <br /> 1.05.02c When work in any way interferes with the safe operation of trains at