2400 33RD ST 2018-01-02 MF Import

FORM APPROVED BY I'P-LAIN EXHIBIT "C-1" Ag: eement Between THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY and the CONTRACTOR THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY Attention: Manager Public Projects Railway File: Agency Project: Gentlemen: The undersigned (hereinafler idled, the "Contractor"), has entered into it contract (tile "ContrlcC)dated 200, with for the performance of certain work in connection with the following project: Construction of site improvements including Pedestrian Bridge across, the trackage of The Burlington Northern and Santa Fe Railway Company al Line Segment __, Mile Post in on the Subdivision. Perliorniance of such work will necessarily require contractor to enter THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY ("Railway") right of way and property ("Railway Properly"). The Contract provides that no work will be commenced within Railway Properly until file Contractor employed in connection with said work far _ (i) executes and delivers to Railway an Agrcenict.A in the form hereof, and (ii) provides insurance of the coverage ;aid limits specified in such Agreement and Section 3 herein. If this Agreement is executed by a party who is not the Owner, General Partner, President or Vice President of Contractor, Contractor must furnish evidence to Railway certifying that the signatory is empowered to execute this Agreement on behalf of Contractor. Accordingly, in consideration of Railway granting permission to Contractor to enter upon Railway Property and as an inducement for such entry, Contractor, effective on the date of the Contract, has agreed and does hereby agree with Railway as follows: Section I. RELEASE OF LIABILITY AND INDEMNITY Contractor hereby waives, release, indemnifies, defends and holds hnrdess Railway for all judgments, awards, claims, demands, and expenses (including attorneys' fees), for injury or death to all persons, including Railway's and Contractors offeers and employees, and fir loss and damage to property belonging to any person, arising in any manner from Contractor's or any of Contractor's subcontractors' acts or omissions or any work perfonned on or about Railway's property or right-of-way. THE LIABILITY ASSUMED BY CONTRACTOR WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT, TIIAT TIIE DESTRUCTION, DAMAGE, DEATIL OR INJURY WAS OCCASIONED BY OR CONTRIBUTE) TO BY TIIE. NEGLIGENCE OF RAILIKIY, ITS AGENTS, SERVANTS, EMPLOYEES OR OTIIERWISE, EXCEPT -1'0 -1.11E EXTENT THAT SUCH CLAIMS ARE. PROXIMATELY CAUSED 131' TIIE. WILLFUL MISCONDUCT OR GROSS NEGLIGENCE OF RAILWAY. THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR INCLUDES ANY CLAIMS, SUITS OR JUDGMENTS BROUGHT AGAINST RAILWAY TINDER TIIE FEDERAL EMPLOYEE'S LIABILITY ACT, INCLUDING CLAIMS FOR STRICT LIABILITY UNDER THE SAFETY APPLIANCE ACT OR T HE BOILER INSPECTION ACT, WHENEVER SO CLAIMED. I Capital Projects commuter RAil EXIllBrr "C-I" IFB No. RTA/CP 21- 06 Everett Station Phase 2 Form 0103 Rev. 02!04