Resolution No. 74491 RESOLUTION NO. 7449
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A
WIRELINE CROSSING AGREEMENT BY AND BETWEEN THE CITY
4 OF VERNON AND UNION PACIFIC RAILROAD COMPANY FOR ONE
UNDERGROUND 7.2KV WIRELINE CROSSING AND APPROVING A
5 STANDARD FORM CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
REQUIRED TO BE PROVIDED TO THE CITY'S CONTRACTOR
6 PURSUANT TO SAID WIRELINE CROSSING AGREEMENT
7
8 WHEREAS, the City of Vernon desires to construct an
9 underground 7.2 kV wireline crossing on and across tracks of the Union
10 Pacific Railroad west of Alcoa Avenue behind Lot 5 of the Alcoa
11 Development Project, more commonly referred to as opposite or near
12 Mile Post 4,470, San Pedro (Vernon Industrial) Subdivision/Branch,
13 near Vernon, Los Angeles County, California; and
14 WHEREAS, the City of Vernon and Union Pacific Railroad
15 Company ("Union Pacific") desire to enter into a Wireline Crossing
16 Agreement to implement the underground 7.2 kV wireline crossing for a
17 one-time license fee of Four Thousand One Hundred Five Dollars and No
18 Cents ($4,105.00); and
19 WHEREAS, as a condition to said Wireline Crossing Agreement,
20 the City of Vernon needs to inform any contractor doing any work on
21 the Wireline (including initial construction and subsequent relocation
22 or subsequent maintenance and repair work) of the need to execute a
23 Contractor's Right of Entry Agreement with the Union Pacific, a sample
24 form of which is attached hereto and made a part hereof as Exhibit
25 "A," that requires the payment by the City of a processing fee to the
26 Union Pacific of Five Hundred Dollars and No Cents ($500.00) and
27 certain insurance requirements.
28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
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CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Wireline Crossing Agreement and the Contractor's Right of
Entry Agreement, a copy of which has been presented to the City
Council concurrently with this resolution, and the City Council hereby
orders said Agreements to be received and filed by the City Clerk.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor and the City Clerk to execute the Wireline
Crossing Agreement for, and on behalf of, the City of Vernon.
SECTION 4: The City Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 23rd day of November, 1999.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
LEON�ILS� C . LBUR , Mayor
- 2 -
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
7449, was duly adopted by the City Council of the City of Vernon at an
adjourned regular meeting of the City Council duly held on Tuesday,
November 23, 1999, and thereafter was duly signed by the Mayor of the
City of .Vernon.
BRUCE V. MALKENHORST, City Clerk
(SEAL)
- 3 -
EXHIBIT A
s
PL X&E ROE 940201
Form Approved, AVP-Law
Folder No: 01807-42
CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
THIS AGREEMENT is made and entered into as of the day of ,
19 _, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation,
(hereinafter the "Railroad") and , a
corporation/partnership, whose address is
(hereinafter the "Contractor")
RECITALS:
The Contractor has been employed by CITY OF VERNON for the purpose of
constructing (hereinafter "work") only a underground 7.2kv wireline crossing on and across
property of the Railroad opposite or near Mile Post 4.470, San Pedro (Vernon Industrial)
Subdivision/Branch, near Vernon, Los Angeles County, California.
The Contractor has requested the Railroad to permit it to perform the work and Railroad
is agreeable thereto, subject to the following terms and conditions.
AGREEMENT:
NOW, THEREFORE, it is mutually agreed by and between the Railroad and Contractor,
as follows:
Article I. DEFINITION OF CONTRACTOR.
For purposes of this Agreement, all references in this Agreement to the Contractor shall
include the Contractor's contractors, subcontractors, officers, agents and employees, and others
acting under its or their authority.
Article II. RIGHT GRANTED; PURPOSE.
The Railroad hereby grants to the Contractor the right, during the term hereinafter stated
and upon and subject to each and all of the terms, provisions and conditions herein contained, to
enter upon and have ingress to and egress from the property described in the Recitals hereof and
as shown on the attached print dated October 5, 1999, marked Exhibit "A", for the purpose of
performing the work described in the Recitals above. The right herein granted to Contractor is
limited to those portions of the Railroad's property specifically described herein, or designated by
the Railroad representative named in Article V.
A — 1
Article III. TERMS AND CONDITIONS CONTAINED IN EXHIBITS B AND B-1.
The terms and conditions contained in Exhibits B and B-1, hereto attached, are hereby
made a part of this Agreement.
Article IV. ADMINISTRATIVE FEE.
Applicant shall pay to the Railroad FIVE HUNDRED DOLLARS ($500.00) as
reimbursement for clerical, administrative and handling expense in connection with the
processing of this Agreement.
Article V. ALL EXPENSES TO BE BORNE BY CONTRACTOR;
RAILROAD REPRESENTATIVE.
The Contractor shall bear any and all costs and expenses associated with any work
performed by the Contractor, or any costs or expenses incurred by the Railroad relating to this
Agreement. All work performed by Contractor on Railroad's property shall be performed in a
manner satisfactory to the respective local Superintendent of Transportation Services of the
Railroad or his authorized representative (hereinafter the "Railroad Representative").
Article VI. TERM; TERMINATION.
A. The grant of right herein made to Contractor shall commence on ,
and continue until , unless sooner terminated as herein provided, or at
such time as Contractor has completed its work on Railroad's property, whichever is earlier.
Contractor agrees to notify the Railroad Representative in writing when it has completed its work
on Railroad property.
B. This Agreement may be terminated by either party on ten (10) days' written notice to
the other party.
Article VII. CERTIFICATE OF INSURANCE.
A. Before commencing any work, the Contractor will provide the Railroad with a
Certificate, identifying Folder No. 01807-42, issued by its insurance carrier providing the
insurance coverage required pursuant to Exhibit B-1 of this Agreement in a policy which
contains the following type of endorsement.
UNION PACIFIC RAILROAD COMPANY is named as additional
insured with respect to all liabilities arising out of Insured's, as
Contractor, performance of any work on the property of the Railroad.
A - 2
B. Contractor warrants that this Agreement has been thoroughly reviewed by its
insurance agent(s)/broker(s) and that said agent(s)/broker(s) has been instructed to procure
insurance coverage and an endorsement as required herein.
C. All insurance correspondence shall be directed to: Folder No. 01807-42, Union
Pacific Railroad Company, Real Estate Department, 1800 Farnam Street, Omaha, Nebraska
68102.
Article VIII. CHOICE OF FORUM.
Litigation arising out of or connected with this Agreement may be instituted and
maintained in the courts of the States of Nebraska and California only, and the parties consent to
jurisdiction over their person and over the subject matter of any such litigation, in those courts,
and consent to service of process issued by such courts.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
as of the date first herein written.
UNION PACIFIC RAILROAD COMPANY
CN
WITNESS
R.
Manager Contracts
Title
(Contractor Name)
A - 3
TO Goy AN67E4E'S
)NEAREST R.R. TOWN)
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� yC,
y
2~
1
\y 1
IPE
QP/
UNDERGROUND WIRELINE CROSSING
NO SCALE
Qya/6
NduF FT.
T
2
(SEE NOTE 4 6 61
oe boa
o
E
MAIN TRACK
\ FiAlC45 4&A7C POST
(DESCRIBE FIxED OBJECT)
(SEE NOTE 7)
(DISTANCE ALONG TRACKFROM SECTION LINE CROSSING)
(NOTE. THIS DIMENSION REOUIREO IN ALL CASES.
AT LOCATIONS NOT USING SECTIONS, DISTANCE
TO A LEGAL SURVEY LINE 15 REOUIRED)
s�
•
17,
FT.
M
•
OVER 750 VOLTS
ili�TE i ALL HV"IILABLE DIMP-61 IN_: MU=•T BE
FILLED IN TO PROCESS THIS APPLICATION.
® oPPodi? ,00i 0,W nog
2y90
FT. QI
2 SSFT. D
1 SEE NOTE 4 6 6) FT.
W TO CdN11AC12CE
(ANGLE OF CROSSING) ^
(NEAREST R.R. TOWN)
5 , 'FT.
(4 FT.6 IN. MIN.)
FeA/G6 d-CFA76 PoST_,
(DESCRIBE FIxEO OBJECT)
(SEE NOTE 7>
$.$ FT.
I •I 1
Il � •
FT.
6aaNro .Q
I SLIWACE •
SUBCiiADIE !
•
am
FT. •
L.PIPE ISEE NOTE 2 31 14 FT. MIN.) '
1
444CFT. 90�
(MIN. GIST. SEE NOTE 2)
qC l FT.
NOTES >1 (CASING LENGTH WHEN MEASURED ALONG PIPELINE.)
ALL HORIZONTAL DISTANCES TO BE MEASURED AT RIGHT ANGLES FROM t OF TRACK. EXCEPT AS NOTED.
:) ENCASE COMPLETELY ACROSS OUR R/W WITH A RIGID METALLIC CONDUIT OR
NON-METALLIC CONDUIT )PVC) ENCASED 1N A MINIMUM OF 3 INCHES OF CONCRETE.
1) INSTALL 6 INCH WIDE WARNING TAPE I FOOT BELOW GROUNDLINE DIRECTLY OVER THE
UNDERGROUND POWER LINE WHERE LOCATED ON OUR R/W OUTSIDE THE TRACK BALLAST
SECTIONS.
IF WITHIN AREA OF UNDERGROUND SIGNAL FACILITIES SUCH AS FLASHING CROSSING
SIGNALS. POWER SWITCHES. TRACK SIGNALS. E?C..CHECK WITH SIGNAL DEPARTMENT.
0 SIGNAL REPRESENTATIVE MUST BE PRESENT DURING INSTALLATION. IF RAILROAD
SIGNALS ARE IN THE VICINITY OF CROSSING.
:) MINIMUM OF 50' FROM THE END OF ANY RAILROAD BRIDGE. rL OF ANY CULVERT.
OR FROM ANY SWITCHING AREA.
') ALLOWABLE FIXED OBJECTS INCLUDE. BACKWALLS OF BRIDGESe 4 OF ROAD CROSSINGS
4 OVERHEAD VIADUCTS (GIVE ROAD NAME). OR k CULVERTS.
1) CASING AND CARRIER PIPE MUST BE PLACED A MINIMUM OF 2 FEET BELOW THE EXISTING
FIBER OPTIC CABLE. ANY EXCAVATION REQUIRED WITHIN 5 FEET OF THE EXISTING r
FIBER OPTIC CABLE MUST BE HAND DUG. 1 EXHIBIT "A"
1$'VIRELINE CROSSING WITHIN DEDICATED STREET ? _YESo X NO.
i IF' I
YES. NAME OF STREET -7-2
)eV
1 VOLTAGE TO BE CARRIED UNDER TRACK
DISTRIBUTION LINE X OR TF1I�ANSMISSION LINE
MAXIMUM CURRENT —Too A A7 Ps
I S 1 NGLE PHASE THREE PHASE _K NO. OF CIRCUITS 2 124 o o AMPS EA
4 MAX. OPERATING CURRENT TO GROUND AT FEED END 0 AMPS.
!) MAX. OPERATING CURRENT TO GROUND AT LOAD END C:) AMPS.
WHAT TYPE OF FACILITY WILL LINE BE SERVING? Cojnfo6r.ClA(. CuS-"oMER.S
IF SEPARATE CABLES ARE USED, WHAT 1S THE AVG. DISTANCE BETWEEN CABLES? 3r
) IF A NEW POWER SUBSTATION IS TO BE BUILT OR REVISED WITHIN 1/2 MILE OF RR.
WHAT IS• MAX OPERATING CURRENT TO GROUND? C AMM 107yo
MAX RESISTANCE TO GROUND?'S AHMSF MAX FAULT CURRENT TO GROUND?_AMPS.
) CASING TYPE TO BE INSTALLED STEEL , Asrp) E+53, TYPE E ,GRADE B
) METHOD OF INSTALLING CASING PIPE UNDER TRACK(S)F 81-AGK,MaV1aoo PS/
DRY BORE AND JACK (WET BORE NOT PERMITTED).
TININELv OTHER
) DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OF BORING AND JACKING PITS
WHEN MEASURED AT RIGHT ANGLES TO TRACK 1-4—FT. (30- MIN.)
I APPLICANT HAS CONTACTED 1-800-336-9193
U. P. COMMUNICATION DEPARTMENT. AND HAS DETERMINED FIBER OPTIC CABLE
DOES( —'DOES NOTo EXIST IN VICINTY OF WORK TO BE PERFORMED. A — 4
TICKET NO. _79'd9 f 750 Q3
FORMULA TO FIGURE CASING
LENGTH WITH ANGLE OF
CROSSING OTHER THAN 90'
8
SIN A
DIST.TO ROW
� TA•uc
.FOR R ILROAD USE ONLY • 00 NOT WRITE IN THIS 909)
PACIFIC RAILROAD CO.
g�,N. pE Oao St! B - VE,p�/eA/ .ta0, ARE9-�l�K1llo.
)SUBDIv
MIL 'p d1_17 E . S. . �o 4,SG
t M.P.
UNDERGROUND WIRELINF CROSSING
FOR
RR FILE NO. ld-d 1 :lo-L=DATE
W A R N I N G
IN ALL OCCASIONS. U. P. COMMMICATIONS
DEPARTMENT MUST BE CONTACTED IN ADVANCE
OF ANY WORK TO DETERMINE EXISTENCE AND
LOCATION OF FIBER OPTIC CABLE.
PHONE / 1-900.336.4 03
tTrRITIE.S X A E ROE 990701
Form Approved, AVP-Law
EXHOIT B TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT
Section 1. NOTICE OF COMMENCEMENT OF WORK - FLAGGING.
The Contractor agrees to notify the Railroad Representative at least 48 hours in advance of Contractor commencing its work and at least
24 hours in advance of proposed performance of any work by the Contractor in which any person or equipment will be within 25 feet of any track,
or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within 25 feet of any track.
Upon receipt of such notice, the Railroad Representative will determine and inform the Contractor whether a flagman need be present and whether
the Contractor need implement any special protective or safety measures. If any flagmen or other special protective or safetymeasures are performed
by the Railroad, such services will be provided at Contractor's expense with the understanding that if the Railroad provides any flagging or other
services the Contractor shall not be relieved of any of its responsibilities or liabilities set forth herein.
Section 2. NO INTERFERENCE WITH RAILROAD'S OPERATION.
No work performed by Contractor shall cause any interference with the constant, continuous and uninterrupted use of the tracks, property
and facilities of the Railroad its lessees, licensees or others, unless specifically permitted under this agreement, or specifically authorized in advance
by the Railroad Representative. Nothing shall be done or suffered to be done by the Contractor at any time that would in any manner impair the
safety thereof When not in use, Contractor's machinery and materials shall be kept at least 50 feet from the centerline of Railroad's nearest hack,
and there shall be no vehicular crossings of Railroad's tracks except at existing open public crossings.
Section 3. MECHANIC'S LIENS.
The Contractor shall pay in full all persons who perform labor or provide materials for the work to be performed by Contractor. The
Contractor shall not create, permit or suffer any mechanic's or matenalmen's liens of any kind or nature to be created or enforced against any property
of the Railroad for any such work performed. The Contractor shall indemnify and hold harmless the Railroad from and against any and all liens,
claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials
furnished.
Section 4. PROTECTION OF FIBER OPTIC CABLE SYSTEMS.
a). Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems is of extreme importance
since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Contractor shall telephone the
Railroad at 14WO-336-9193 to determine if fiber optic cable is buried anywhere on the Railroad's premises to be used by the Contractor. Kit is,
Contractor will telephone the telecommunications company(ies) involved, arrange for a cable locator, make arrangements for relocation or other
protection of the fiber optic cable, all at Contractor's expense, and will commence no work on the right of way until all such protection or relocation
has been accomplished.
b). In addition to other indemnity provisions in this Agreement, the Contractor shall indemnify and hold the Railroad harmless from and against
all costs, liability and expense whatsoever (including, without limitation, attorneys frees, court costs and expenses) arising out of any act or omission
of the Contractor, its contractor, agents and/or employees, that causes or contributes to (1) any damage tb or destruction of any teleoormimications
system on Railroad's property, and/or (2) any injury to or death of any person employed by or on behalf of any telecommunications con4mmy, and/or
its contractor, agents and/or employees, on Railroad's property. Contractor shall not have or seek recourse against Railroad for any claim or cause
of action for alleged loss of profits or revenue or loss of service or other consequential damage to a telecommunication company using Railroad's
property or a customer or user of services of the fiber optic cable on Railroad's property.
Section 5. COMPLIANCE WITH LAWS.
In the prosecution of the work covered by this agreement, the Contractor shall secure any and all necessary permits and shall comply with
all applicable federal, state and local laws, regulations and enactments affecting the work. The Contractor shall use only such methods as are
consistent with safety, both as concerns the Contractor, the Contractor's agents and employees, the officers, agents, employees and property of the
Railroad and the public in general. The Contractor (without limiting the generality of the foregoing) shall comply with all applicable state and federal
occupational safely and health acts and regulations. All Federal Railroad Administration regulations shall be followed when work is performed on
the Railroad's properly. If any failure by the Contractor to comply with any such laws, regulations, and enactments, shall result in any fine, penalty,
cost or charge being assessed, imposed or charged against the Railroad, the Contractor shall reimburse and indemnify the Railroad for any such fine,
penalty, cost, or charge, including without limitation attomeyd fees, court costs and ems. The Contractor further agrees in the event of any such
action, upon notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad.
Page 1 of ExinUB
A — 5
tM tMi X bt E ROE 990701
Form Approved, AVP-Law
Section 6. SAFETY INSTRUCTIONS.
Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the work pursuant to this
agreement As reinforcement and in furtherance of overall safety measures to be observed by the Contractor (and not by way of limitation), the
following special safety rules shall be followed:
a). The Contractor shall keep the job site free from safety and health hazards and ensure that its employees are competent and
adequately trained in all safety and health aspects of the job. The Contractor shall have proper first aid supplies available on the job site
so that prompt first aid services can be provided to any person that maybe injured on the job site. The Contractor shall promptly notify
the Railroad of any U.S. Occupational Safety and Health Administration reportable injuries occurring to any person that may arise during
the work performed on the job site. The Contractor shall have a non -delegable duty to control its employees, while they we on the job site
or any other property of the Railroad to be certain they do not use, be under the influence of, or have in their possession any alcoholic
beverage, drug, narcotic or other substance that may inhibit the safe performance of work by the employee.
b). The employees of the Contractor shall be suitably dressed to perform their duties safely and in a manner that will not interfere
with their vision, hearing or free use of their hands or feet Only waist length shirts with sleeves and trousers that cover the entire leg are
to be wan. If flare -legged trousers are worn, the tuna bottoms must be tied to prevent catching. The employees should wear shady and
protective work boots and at least the following protective equipment:
(1) Protective headgear that meets American National Standard-Z89.1 latest revision. It is suggested that all hardhats be
affixed with Contractor's or subcontractor's company logo or name.
(2) Eye protection that meets American National Standard for occupational and educational eye and face protection,
Z87.1-latest revision. Additional eye protection must be provided to meet specific job situations such as welding, grinding,
burning, etc.; and
(3) Hearing protection which affords enough attenuation to give protection from noise levels that will be occurring on the
job site.
c). All heavy equipment provided or leased by the Contractor shall be equipped with audible back-up warning devices. N in the
opinion of the Railroad Representative any of Contractor's or any of its subcontractoes equipment is unsafe for use on the Railroad's
right-of-way, the Contractor, at the request of the Railroad Representative, shall remove such equipment from the Railroad's right-of-way.
CI i a-1VtZIMM
a). As used in this Section, 'Railroad' includes other railroad companies using the Railroad's property at or near the location of the Contractors
installation and their officers, agents, and employees; "Doss" includes loss, damage, claims, demands, actions, causes of action, penalties, costs, and
expenses of whatsoever nature, including court costs and attorneys' fees, which may result from: (a) injury to or death of persons whomsoever
(including the Railroad's officers, agents, and employees, the Contractor's officers, agents, and employees, as well as any other person); and/or
(b) damage to or loss or destruction of property whatsoever (including Contractors property, damage to the roadbed, tracks, equipment, or other
property of the Railroad, or property in its care or custody).
b). As a major inducement and in consideration of the license and permission herein granted, the Contractor agrees to indemnify and hold
harmless the Railroad from any Loss which is due to or arises from any cause and is associated in whole or in part with the work performed under
this agreement, a breach of the agreement or the failure to observe the health and safety provisions herein, or any activity, omission or negligence
arising out of performance or nonperfommrice of this agreement However, the Contractor shall not indemnify the Railroad when the Loss is caused
by the sole negligence of the Railroad.
c). The Contractor shall maintain whatever insurance coverage is necessary to adequately underwrite its general and contractual liabilityunder
the terms of this Agreement
Section 8. RESTORATION OF PROPERTY.
In the event the Railroad authorizes the Contractor to take down any fence of the Railroad or in any manner move or disturb any of the
other property of the Railroad in connection with the work to be performed by Contractor, then in that event the Contractor shall, as soon as possible
and at Contractor's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down
or such other property was moved or disturbed.
Page 2 of 4 EAuM B
A — 6
U IUXTIE§ X & E ROE 990701
Form�Appmved, AVP-Law
Section 9. WAIVER OF BREACx
The waiver by the Railroad of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed
by the Contractor shall in no way impair the right of the Railroad to avail itself of any remedy for any subsequent breach thereof.
Section 10. ASSIGWENT -_SUBCONTRACTING.
The Contractor shall not assign, sublet or subcontract this agreement, or any interest therein, without the written consent of the Railroad
and any attempt to so assign, sublet or subcontract without the written consent of the Railroad shall be void. If the Railroad gives the Contractor
permission to subcontract all or any portion of the work herein described, the Contractor is and shall remain responsible for all work of subcontractors
and all work of subcontractors shall be governed by the terms of this agreement
Page 3 of 4
Exhibit B
A — 7
&OE WS 460810
No RR Protective 1nL
Form App w4 AVP-Lw
Right of Entry Agreements
Contract Insurance Requirements
Third Party Contractors
Contractor shall, at its sole cost and expense, procure and maintain during the life of this Agreement the following
insurance coverage:
a) General Liability insurance providing bodily injury including death, personal injury and property damage
coverage with a combined single limit of at least $2,000,000 each occurrence or claim and an aggregate limit of at
least $4,000,000. This insurance shall contain broad form contractual liability with a separate general aggregate for
the project (ISO Form CG 25 03 or equivalent). Exclusions for railroads (except where the Job Site is more than fifty
feet (500 from any railroad tracks, bridges, trestles, roadbeds, terminals, underpasses or crossings), and explosion,
collapse and underground hazard shall be removed. Coverage purchased on a claims made form shall provide for at
least a two (2) year extended reporting or discovery period if (a) the coverage changes from a claims made form to an
occurrence form, (b) there is a lapse/cancellation of coverage, or (c) the succeeding claims made policy retroactive
date is different for the expiring policy.
b) Automobile Liability insurance providing bodily injury, property damage and minsured vehicles coverage
with a combined single limit of at least $2,000,000 each occurrence or claim. This insurance shall cover all motor
vehicles including hired and non -owned, and mobile equipment if excluded from coverage under the general public
liability insurance.
c) Workers' Compensation insurance covering Contractor's statutory liability under the workers' compensation
laws of the state(s) affected by this Agreement, and Employers' Liability. If such 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 of state approval must be provided.
Contractor and their insurers shall endorse the required insurance policy6es) to waive their right of subrogation
against Railroad. Contractor's insurance shall be primary with respect to any insurance carried by Railroad. The policies
required under (a) and (b) above shall provide severability of interests and shall name Railroad as an additional insured.
Prior to commencing the Work, Contractor shall furnish to Railroad certificate(s) of insurance evidencing the required
coverage and endorsements and upon request, a certified duplicate original of any required policy. The certificate(s) shall
contain a provision that obligates the insurance company(fes) issuing such policy(ies) to notify Railroad in writing of any
material alteration including any change in the retroactive date in any 'claims -made' policies or substantial reduction of
aggregate limits, if such limits apply, or any cancellation at least thirty (30) days prior thereto.
The insurance policy(ies) shall be written by a reputable insurance company(ies) acceptable to Railroad or with a
current Best's Insurance Guide Rating of B and Class VII or better, and authorized to do business in the state(s) in which the Job
Site is located.
Contractor WARRANTS that this Agreement has been thoroughly reviewed by Contractor's insurance
agent(s)/broker(s), who have been instructed by Contractor to procure the insurance coverage required by this Agreement.
If Contractor fails to procure and maintain insurance as required, Railroad may elect to do so at the cost of Contractor.
The fact that insurance is obtained by Contractor shall not be deemed to release or diminish the liability of Contractor,
including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railroad shall
not be limited by the amount of the required insurance coverage.
Page 4 of 4
Eadn" &1