R2023-199 Resolution Authorizing the Execution of an Agreement with the Norfolk Southern Railway Company for a Water Main Crossing City Project 2023-10

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DocuSign Envelope ID:5F4BF3D3-A21 B-4CA8-B3B6-26F6A5CD290E (iii) Applicant shall maintain a Commercial General Liability ("CGL") policy containing products and completed operations and contractual liability coverage,with a combined single limit of not less than $2,000,000 for each occurrence. Any portion of this requirement may be satisfied by a combination of General Liability and/or Excess/Umbrella Liability Coverage. The policy shall not deny any obligation of any insured under the Federal Employer's Liability Act, as amended. The CGL policy shall provide additional insured coverage equivalent to ISO CG 20 10 11/85. (iv) Applicant shall maintain Automobile Liability Insurance with a current ISO occurrence form policy (or equivalent) and apply on an "any auto" (Symbol 1) basis, including coverage for all vehicles used in connection with the Work or Services on the leased property, providing annual limits of at least$1,000,000 per occurrence for bodily injury and property damage combined including uninsured and underinsured motorist coverage, medical payment protection, and loading and unloading. (v) Applicant shall maintain Workers' Compensation Insurance to meet fully the requirement of any compensation act, plan or legislative enactment applicable in connection with the death, disability or injury of Applicant's officers, agents, servants or employees arising directly or indirectly out of the performance of this Agreement; (vi) Applicant shall maintain Employers' Liability Insurance with limits of not less than $1,000,000 each accident$1,000,000 policy limit for disease, and $1,000,000 each employee for disease; (b) General Insurance Requirements. Each insurance policy referred to in subsection (a) above shall also comply with the following requirements: (i) Additional Insureds. Each insurance policy (excluding any RPL policy and Workers' Compensation policy) shall name Railway and its parent, subsidiary and affiliated companies as additional insureds with an appropriate endorsement to each policy. (ii) Applicant's Coverage Primary and Without Right to Contribution. All policies secured by Applicant, whether primary, excess, umbrella or otherwise, and providing coverage to the Railway as an additional insured (i) are intended to take priority in responding and to pay before any insurance policies Railway may have secured for itself must respond or pay and (ii) may not seek contribution from any policies the Railway may have secured for itself. (iii) Severability of Interests (Cross Liability). No cross-liability exclusions are permitted that would apply to the additional insureds, and there may not be any restrictions in any policy that limits coverage for a claim brought by an additional insured against a named insured. (iv) Waiver of Subrogation. To the fullest extent permitted by law, all insurance furnished by Applicant pursuant to this Agreement shall include a waiver of subrogation in favor of Railway with an appropriate endorsement to each policy. (v) Notice of Cancellation, Modification or Termination. Each insurance policy shall not be subject to cancellation, termination, modification, changed, or non-renewed except upon thirty (30) days prior written notice to the additional insureds. (vi) No Limitation. Each insurance policy shall not limit any of Applicant's indemnity obligations or other liabilities under this Agreement. The insurance available to Railway and its parent, subsidiary and affiliated companies as additional insureds shall not be limited by these requirements should Applicant maintain higher coverage limits. (vii) Any deductibles or self-insured retentions of Applicant over $50,000 must be declared and approved by Railway. Approval of such requests shall not be unreasonably withheld. (viii) Applicant shall require all subcontractors who are not covered by the insurance carried by Applicant to maintain the insurance coverages set forth in subsection (a)above,except