2400 33RD ST 2018-01-02 MF Import

C. Workers Compensation and Employers Liability insurance including coverage for, bul not limited to: ♦ 's statutory liability under the worker's compensation laws of the stale(s) in which the work is to be performed. If optional under Stale law, file insurance must cover all employees anyway. ♦ Employers' Liability (fart l3) with limits of at least S500,000 each accident, S500,000 by disease policy limit, S500,000 by disease each employee. D. Railroad Protective Liability insurance naming only the Railroad as the Insured with coverage of at least S2,000,000 per occurrence and S6,000,000 in the aggregate. The policy must be issued oaf a standard ISO form CG V 35 10 93 and include the following: • Endorsed to include the Pollution Exclusion Amendment (ISO turn) CG 28 31 10 93) ♦ Endorsed to in);lude the Limited Seepage and Pollution Endorsement. ♦ Endorsed to remove any exclusion for punitive damages. ♦ No other endorsements restricting coverage may be added. ♦ The original policy must be provided to the Railroad prior to perfonning tiny work or services under this Agreement Other Requirements: All policies (applying to coverage listed above) must not contain an exclusion for punitive damages and certificates of' insurance must reflect that no exclusion exists. Contractor agrees to waive its right of recovery against Railroad for all claims and suits against Railroad. In addition, its insurers, through the terns of' the policy or policy endorsement, waive their right of subrogation against Railroad for all claims and suits. The cerlifcate of insurance must reflect the waiver of subrogation endorsement. Contractor further waives its rgnt of recovery, and its insurers also waive their right of subrogation against Railroad for loss of its owned or leased properly or properly under contractor's care, custody or control. Contractor's insurance policies, through policy endorsement, must include wording which states that the policy is primary and non-contribuling with respect to ;my insurance carried by Railroad. 'rite certificate of insurance must reflect that the above wording is included in evidenced policies. All policy(ics) required above (excluding Workers Compensation and if applicable, Railroad Protective) must include a severability of interest endorscmenl and Railroad must be named as an additional insured with respect to work performed under this agreement. Severability of interest and naming Railroad as additional insured must be indicated on the certificate of insurance. Contractor is not allowed to self -insure without the prior written consent of Railroad If granted by Railroad, any deductible, self insured retention or other financial responsibility for claims must be covered directly by contractor in lieu of insurance. Any and all Railroad liabilities that would otherwise, in accordance with the provisions of this Agreement, be covered by contractor's insurance will be covered as if contractor elected not to include a deductible, self' insured retention or other financial responsibility for claims. Prior to commencing the Work, contractor must furnish to Railroad an acceptable certificate(s) of insurance including an original signature of the authorized representative evidencing the required coverage, endorsements, and amendments and referencing the contract audit/folder number if availab!c. The policy(ics) must contain a rrovision that obligates the insurance cofnpany(ies) issuing such policy(ics) to notify Railroad in writing at least 30 days prior to any cancellation, non -renewal, substitution or material alteration. This cancellation provision trust be indicated on the certificate of insurance. Upon request from Railroad, it certified duplicate original of any required policy must be famished. 3 Capital Projects commuter RAil EXI1II31T"C-I" IF13 No. RTA/CP 21- 06 Everett Station Phase 2 Form 0103 Rev. 02/04