Agmt 2003 Union Pacific Railroad Company

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Public Highway Crossing 08!13/D 1 Form Approved, AVP-Law ~~' B-1 TO PUBLIC .HIGHWAY CROSSING AGREEIvIENT INSURANCE REOUIRE1vIENTS For purposes of this Exhibit B-1, all references to the term "Contractor" shall be deemed to be all contractors hired by the Politico! Body and all subcontractors of any such Contractor. Contractor shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following insuronce coverage: A. Commercial General Liability insurance. This insurance shall contain broad form contractual liability with a single limit of at least $S,000,OOD each occurrence or claim and an aggregate limit of at least $10,000,000. Coverage must be purchased on a post 1998 ISO or equivalent form, including but not ]united to coverage for the following: • Bodily injury including death and personal injury • Property damage • Fire legal liability (Not less than the replacement value of the portion of the premises occupied) • Products and completed operations The policy shall also contain the following endorsements which shall be indicated on the certificate of insurance: • "For purposes of this insurance, Union Pacific Railroad payments related to the Federal Employers Liability Act or a Union Pacific Wage Continuation Program or similar programs are deemed not to be either payments made or obligations assumed under any Workers Compensation, disability benefits, or unemployment compensation law or similar law.u •. The exclusions for railroads (except where the Job site is more than fifty feet (50') from any railroad including but not limited to tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings), and explosion, collapse and underground hazard shall be removed. • Coverage for Contractor's (and Railroad's) employees shall not be excluded • Wafver of subrogation B. Business Automobile Coverage insurance. This insurance shall contain a combined single limit of at least $5,000,000 per occurrence or claim, including but not limited to coverage for the following: + Bodily injury and properly damage • Any cnd all motor vehicles including owned, hired and non-owned The policy shall also contain the following endorsements which shall be indicated on the certificate of insurance: • "For purposes of this insurance, Union Pacific Railroad payments related to the Federal Employers Liability Act or a Union Pacific Wage Continuation Program or similar programs are deemed not to be either payments made or obligations assumed under any Workers Compensation, disability beneffts, or unemployment compensation law or similar law." • The exclusions for rculi'oads (except where the Job site is more than fifty feet (50') from any railroad including but not limited to tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings), and explosion, collapse and underground hazcQd shall be removed. • Motor Carrier Act Endorsement- Ho~ardous materials cleanup (MCS-9D) if required by law. C. Workers Compensation and Employers Liability insurance including but not limited to: • Contractor's statutory liability under the workers' compensation laws of the state(s) affected by this Agreement • Employers' Liability (Part B) with limits of at least X500,000 each accident, $500,000 disease policy limit X500,000 each employee If Workers Compensation insurance will not cover the liability of Contractor in states that require participation in state workers` compensation fund, Contractor shall comply with the laws of such states. If Contractor is self-insured, evidence HD~DATA~Fnvorites~Agreement Forms\Road Crossing page 1 Exhibit B-1 Forms~Public Road Crossing Agreement.doc