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5 <br />g:\share\dallen\california\2938-13 public highway at grade crossing-030113.doc <br />holiday, health and welfare, supplemental sickness, Railroad Retirement and <br />unemployment compensation, supplemental pension, Employees Liability and Property <br />Damage and Administration will be included, computed on actual payroll. The composite <br />charge will be the prevailing composite charge in effect at the time the work is performed. <br />One and one-half times the current hourly rate is paid for overtime, Saturdays and <br />Sundays, and two and one-half times current hourly rate for holidays. Wage rates are <br />subject to change, at any time, by law or by agreement between Railroad and its <br />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 <br />rate or additional charges are changed, Political Body shall pay on the basis of the new <br />rates and charges. <br /> <br />(iii) Reimbursement to Railroad will be required covering the full eight-hour day <br />during which any flagman is furnished, unless the flagman can be assigned to other <br />Railroad work during a portion of such day, in which event reimbursement will not be <br />required for the portion of the day during which the flagman is engaged in other Railroad <br />work. Reimbursement will also be required for any day not actually worked by the flagman <br />following the flagman's assignment to work on the project for which Railroad is required to <br />pay the flagman and which could not reasonably be avoided by Railroad by assignment of <br />such flagman to other work, even though Political Body may not be working during such <br />time. When it becomes necessary for Railroad to bulletin and assign an employee to a <br />flagging position in compliance with union collective bargaining agreements, Political Body <br />must provide Railroad a minimum of five (5) days notice prior to the cessation of the need <br />for a flagman. If five (5) days notice of cessation is not given, Political Body will still be <br />required to pay flagging charges for the five (5) day notice period required by union <br />agreement to be given to the employee, even though flagging is not required for that <br />period. An additional thirty (30) days notice must then be given to Railroad if flagging <br />services are needed again after such five day cessation notice has been given to Railroad. <br /> <br />D. Compliance With Laws. The Political Body shall comply with all applicable <br />federal, state and local laws, regulations and enactments affecting the work. The Political <br />Body shall use only such methods as are consistent with safety, both as concerns the <br />Political Body, the Political Body's agents and employees, the officers, agents, employees <br />and property of the Railroad and the public in general. The Political Body (without limiting <br />the generality of the foregoing) shall comply with all applicable state and federal <br />occupational safety and health acts and regulations. All Federal Railroad Administration <br />regulations shall be followed when work is performed on the Railroad's premises. If any <br />failure by the Political Body to comply with any such laws, regulations, and enactments, <br />shall result in any fine, penalty, cost or charge being assessed, imposed or charged <br />against the Railroad, the Political Body shall reimburse, and to the extent it may lawfully <br />do so, indemnify the Railroad for any such fine, penalty, cost, or charge, including without <br />limitation attorney's fees, court costs and expenses. The Political Body further agrees in <br />the event of any such action, upon notice thereof being provided by the Railroad, to <br />defend such action free of cost, charge, or expense to the Railroad. <br />