Grade Crossing Warning Upgrades

$3,000,000 $6,000,000 Pollution Legal Liability No $5,000,000 $10,000,000 Product Liability No $10,000,000 Professional Liability No $10,000,000 FELA No $20,000,000 $40,000,000 * Not required when CGL has the 50’ RR ROW exclusion removed and noted on certificate. The following shall be Named Insureds on all insurance coverage specified herein: Black River & Western Corp. Chesapeake and Delaware LLC Delaware and Raritan River Railroad LLC Consolidated Rail Corporation NJ Transit State of New Jersey Notes to insurance requirements (1) Commercial General Liability (“CGL”) insurance covering liability of Contractor with respect to the Operations to be performed and all obligations assumed by the Contractor. Coverage under this policy shall have limits of liability of not less than Five Million Dollars ($5,000,000) each occurrence and Five Million Dollars ($5,000,000) in the annual aggregate, combined single limit, for bodily injury (including disease or death), personal injury and property damage (including loss of use) liability. Products-completed operations, ongoing operations, independent contractors, and contractual liability coverages are to be included, with the contractual exclusion related to construction/demolition activity within fifty (50) feet of the railroad deleted and no exclusions for Explosion/Collapse/ Underground (X-C-U) applicable or added. In addition, the policy shall include an ISO endorsement Form CG 24 17 10 01 or its equivalent providing contractual liability coverage for railroads listed as additional insureds. Coverage for RFP No. 24X1 ~ Page 13 ~ such additional insureds shall be primary and non-contributory with respect to any other insurance or self-insurance the additional insureds may carry. Such coverage may be provided by a combination of a primary CGL policy and a following form excess or umbrella liability. The liability policy(ies) shall not include any exclusions for “action