Agmt 2003 Union Pacific Railroad Company

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Cor~trdctor's Right of Entry ExC D7/30~1 Form Approved - AVP Law EXHIBIT C TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Union Pacific Railroad Company Inswance Provisions For Contractor's Right of Entry Agreement Contractor shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following insurance coverage: A Commercial General Liability inswance. This inswance shall contain broad form contractual liability with a single limit of at least $5,000,000 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 limited 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 inswance: • "Far purposes of this inswance, 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." • 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 • Wcdver of subrogation B. Business Automobile Coveraae inswance. This inswance 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 and 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 inswance, Union Pacific Rclroad 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." The exclusions for railroads (except where the Job site is more than fifty feet (50') from any railroad including but not limited io tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings), and explosion, collapse and underground hazard shall be removed. Motor Carrier Act Endorsement-Hazardous materials clean up (MCS-90) if required by law. C. Workers Compensation and Employers Liability inswance 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 $500,000 each accident, $5D0,000 disease policy limit $500,OD0 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-inswed evidence of state approval must be provided along with evidence of excess workers compensation coverage. Coverage shall include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental H:IDATA~F'avarileslP,greeinNnl Forms~Road Crossing Page 1 of 2 £Xl]iblt C Forms~Public Aoad Crossing AgreemenLdoc