|
Any insurance policy must be written by a reputable insurance company acceptable to Railroad or with a
<br />current Best's Guide Rating of A- and Class VI or better, and authorized to do business in the state(s) in which the
<br />service is to be provide.
<br />Contractor represents that this Agreement has been thoroughly reviewed by contractor's insurance
<br />agcm(s)/broker(s), who have been instructed by contractor to procure the insurance coverage required by this
<br />Agreement Allocated Loss Expense must be in addition to all policy limits for coverages referenced above.
<br />Not more frequently than once every five years, Railroad may reasonably modify the required insurance
<br />coverage to reflect then -current risk management practices in the railroad industry and underwriting practices in the
<br />insurance industry.
<br />If any portion of the operation is to be subcontracted by contractor, contractor must require that the
<br />subcontractor provide and maintain the insurance coverages set forth herein, naming Railroad as an additional
<br />insured, and requiring that the subcontractor release, defend and indemnity Railroad to the same extent and under
<br />the same terms and conditions as contractor is required to release, defend and indemnify Railroad herein.
<br />Failure to provide evidence as required by this section will entitle, but not require, Railroad to terminate
<br />this Agreement immediately. Acceptance of a certificate that does not comply with this section will not operate as a
<br />waiver of contractor's obligations hereunder.
<br />The fact that insurance (including, without limitation, self-insurance) is obtained by contractor will not be
<br />deemed to release or diminish the liability of contractor including, without limitation, liability tinder the indemnity
<br />provisions of this Agreement Damages recoverable by Railroad will not be limited by the amount of the required
<br />insurance coverage.
<br />For purposes of this section, Railroad means "Burlington Northern Santa Fe Corporation", "fhe Burlington
<br />Northern and Santa Fe Railway Company" and the subsidiaries, successors, assigns and affiliates of each.
<br />Section 4. EXIIIRIT "C" CONTRACTOR REQUIREMENTS
<br />The Contractor will observe and comply with all the provisions, obligations and limitations to be observed
<br />by Contractor which ire contained in the specifications of the Contract, entitled EXHIBIT "C", CONTRACTOR
<br />REQUIREMENTS, including, but not be limited to, payment of all costs incurred for any damages to Railway
<br />roadbed, tracks, and/or appurtenances thereto, resulting from use, occupancy, or presence of its employees,
<br />representatives, or agents or subcontractors on or about the construction site.
<br />Section 5. TRAIN DELAY
<br />Contractor is responsible for and hereby indemnifies and holds harmless Railway (including its affiliated
<br />railway companies, and its tenants) for, from and against all damages arising from any unscheduled delay to a
<br />freight or passenger train which affects Railway's ability to fully utilize its equipment and to meet customer service
<br />and contract obligations. Contractor will be billed, as further provided below, for the economic losses arising from
<br />loss of' use of equipment, contractual loss of incentive pay and bonuses and contractual penalties resulting from train
<br />delays, whether caused by Contractor, or subcontractors, or by the Railway perfonning work under this Agreement.
<br />Railway agrees that it will not perform any act to unnecessarily cause train delay.
<br />For loss of use of equipment, Contractor will be billed per freight train hour at an average rate of
<br />(with annual adjustments) per hour per train as determined from Railways record. Any disruption to train traffic
<br />may cause delays to multiple trains at floe same time for the same period.
<br />Additionally, the parties acknowledge that passenger, U.S. mail trains and certain ol'ter grain, imennodal,
<br />coal and freight trains operate under incentive/penally contracts between Railway ^nd its customer(s). Under these
<br />arrangements, if Railway does not meet its contract service commitments, Railway may suffer loss of performance
<br />Capital Projects commuter RAil EXHIBI "'C-I" IFB No. RTAJCP 21-
<br />06
<br />Everett Station Phase 2
<br />Funn 0103 Rev. 02/04
<br />,s
<br />4c-
<br />
|