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ROE INS 940203 RR Protective Ins. FOnD Approved, A VP-Law EXHIBIT B-1 Right of Entry Agreement Utilities Insurance Requirements a). Contractor shall at its own sole cost and expense. procure the following kinds of insurance and promptly pay when due all premiums for that insurance. The following insurance shall be kept in force during the life of this Agreement: 1). General Public Liabilitv insurance providing bodily injury. including death, personal injury and property damage coverage with a combined single limit of at least $1,000,000 each occurrence or claim and a general aggregate limit of at least $2.000,000. This insurance shall provide Broad Form Contractual Liability covering the indemnity provisions contained in this Agreement. Underground Hazard. Products-Completed Operations with products-completed operation aggregate of at least $2.000,000, a separate general aggregate for the project aso Form CG 25 03 or equivalent), Broad Form Property Damage, severability of interests and name Railroad as an additional insured with respect to all liabilities arising out of Contractor's obligation to Railroad in the Agreement. Coverage purchased on a claims made form shall provide for at least a three (3) year extended reporting or discovery period if (a) the coverage is changed from a claims made form to an occurrence form. (b) there is a lapse/cancellation of coverage. or (3) the succeeding claims made policy retroactive date is different from the expiring policy. 2). Automobile Public Liability insurance providing bodily injury and property damage with a combined single limit of at least $1.000.000 each occurrence or claim. 1bis insurance shall provide contractual liability by endorsement ISO Form CA 00 25 or equivalent covering all motor vehicles including hired and non-owned, mobile equipment to the extent it may be excluded from general liability insurance, severability of interests and name Railroad as an additional insured with respect to all liabilities arising out of Contractor's obligation to Railroad in the Agreement. 3). Worker's Comoensation insurance covering the statutory liability as determined by the compensation laws of the state(s) affected by this Agreement and Employers' Liability. Also compliance with all laws of states which require pcn1icipation in their state workers' compensation fund. 4). Railroad Protective liability insurance naming Railroad and any railroad operating over its tracks as insured with a combined single llmit of $2.000,000 per occurrence with a $6.000.000 aggregate. The policy form shall be AAR-AASHTO with broad form coverage for 'Physical Damage to Property · usa Form GL 00 30) or as revised ISO-RIMA (Form CG 0035) and include pollution arising out of fuels and lubricants brought to the job site (ISO Form CG 28 31 or equivalent). IT the lloyd's London policy form is used, limits shall be $3,000,000 per occurrence with a $9,000,000 aggregate and the Extended Claims Made Date shall be determined by adding the length of the original policy period plus one year to the policy expiration date. b). The Contractor hereby waives its right to subroaation as respects the above insurance policyCies). against Railroad for payments made to or on behalf of employees of Contractor or its agents and for loss of its owned or leased property or property under its care, custody and control while on or near Railroad's right-of-way or other real property. Contractor's insurance shall be primary with respect to any insurance carried by Railroad. c). Contractor shall furnish to Railroad certificate(s) of insurance evidencing the required coverage and endorsement(s) and upon request a certified duplicate original of any of those policies. The insurance company(ies) issuing such policy(ies) shall 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 cancellation thereof at least thirty (30) days prior thereto. d). The insW'CIrlce policy(ies) shall be written by a reputable insurance company or companies acceptable to Railroad or with a current Best's Insurance Guide Rating of B and Class vn or better. Such insurance company shall be authorized to transact business in the state(s) affected by this Agreement. G:\SHARE\lNSURANC\CROEINSY.EXB Page 4 of4 Exhibit 8-1