Exhibit E - Insurance Provisions.pdf

State of Florida Department of Transportation

Exhibit “E”

Insurance Requirements

Central Florida Rail Corridor (CFRC) Track Improvements

– Multiple Locations

Financial Projects Number(s): 412994-4-52-33, 412994-8- 82-54, 412994-8-82-55, 412994-8-82-56, 412994-8-82-47

DOT-RFP-25-5002-TIML

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The Contractor must maintain the required insurance coverage shown in this Exhibit for the duration of the project.

General Liability Insurance:

The Contractor must carry and keep in force during the period of this contract a general liability insurance policy or policies with a company authorized to do business in the state of Florida, affording public liability insurance with combined bodily injury limits of at least $ (200,000 minimum) per person and $ (300,000 minimum) each occurrence, and property damage insurance of at least $ (200,000 minimum) each occurrence, for the services to be rendered in accordance with this contract.

(1) FELA and Workers’ Compensation Insurance: Contractor shall provide coverage under the Federal Employers’ Liability Act (FELA) in the greater of the amount required by federal law or a limit of not less than $1,000,000 for all damages arising out of bodily injuries to, or death of, one person and, subject to that limit for each person, a total limit of $5,000,000 for all damages arising out of bodily injuries to, or death of, two or more persons in any one occurrence.

To the extent that FELA does not apply, Contractor shall provide Workers’ Compensation Insurance in accordance with the laws of the State of Florida and in amounts sufficient to secure the benefits of the Florida Workers’ Compensation Law for all employees. If subletting any of the work, ensure that the employees of the subcontractors are covered by similar insurance.

Ensure that any equipment rental agreements that include operators who are employees of independent Contractors, sole proprietorships or partners are covered by similar insurance.

The Department will accept equivalent approved protection in lieu of insurance.

(2) Contractors’ Public Liability and Property Damages Liability Insurance:

Contractor shall furnish evidence to the Department that, with respect to the operations performed, regular Contractors’ Public Liability Insurance providing for a limit of not less than $1,000,000 for all damages arising out of bodily injuries to, or death of, one person and, subject to that limit for each person, a total limit of $5,000,000 for all damages arising out of bodily injuries to, or death of, two or more persons in any one occurrence; and regular Contractors’ Property Damage Liability Insurance providing for a limit of not less than $50,000 for all damages arising out of injury to, or destruction of, property in any one occurrence and, subject to that limit per occurrence, a total (or aggregate) limit of $100,000 for all damages arising out of injury to, or destruction of, property during the policy period is carried.

Contractor shall cause the Department, and National Railroad Passenger Corporation (a/k/a “Amtrak”), and Florida Central Railroad Company, Inc., and Central Florida Commuter Rail Commission, and Volusia County, and Seminole County, and Orange County, and Osceola County, and City of Orlando, to be each an additional insured party on the Contractor’s Public Liability and Property Damages Liability policies that insure the Contractor for the described work that it performs under the Contract.

(3) Contractors’ Protective Public Liability and Property Damage Liability Insurance:

Contractor shall furnish evidence to the Department that, with respect to the operations performed by subcontractors, regular Contractors’ Protective Public Liability Insurance providing for a limit of not less than $1,000,000 for all damages arising out of bodily injuries to, or death of, one person and, subject to that limit for each person, a total limit of $5,000,000 for all damages arising out of bodily injuries to, or death of, two or more persons in any one occurrence; and regular Contractors’ Protective Property Damage Liability Insurance providing for a limit of not less than $50,000 for all damages arising out of injury to, or destruction of, property in any one occurrence and, subject to that limit per occurrence, a total (or aggregate)

C-3 limit of $100,000 for all damages arising out of injury to, or destruction of, property during the policy period is carried.

Contractor shall cause the Department, and National Railroad Passenger Corporation (a/k/a “Amtrak”), and Florida Central Railroad Company, Inc., and Central Florida Commuter Rail Commission, and Volusia County, and Seminole County, and Orange County, and Osceola County, and City of Orlando, to be each an additional insured party on the Contractor’s Protective Public Liability and Property Damage Liability Insurance policies that insure the Contractor for the described work that it performs under the Contract.

4. Insurance Required for Construction at Railroads:

(A) General: In addition to any other forms of insurance or bonds required under the terms of the Contract, when the Contract includes the construction of a railroad grade crossing, overpass, or underpass structure, or a railroad crossing signal installation, or any other work or operations by the Contractor within the limits of the railroad right-of- way, including any encroachments thereon from work or operations in the vicinity of the railroad right-of-way, Contractor shall provide insurance of the types set forth below and in amounts not less than specified herein.

(B) Railroads’ Protective Public Liability and Property Damage Liability Insurance:

Contractor shall furnish the Department with an original insurance policy that, with respect to the operations performed, will provide, in behalf of the railroad company regular liability insurance providing coverage for bodily injury, death, and property damage limited to a combined single limit of $2,000,000 per occurrence with an aggregate limit of $6,000,000 for the term of the policy.

The Department is to be a Named Insured on the policy.

(5) Insurance for Protection of Utility Owners: When the work under the Contract involves work on or in the vicinity of utility-owned property or facilities, Contractor shall furnish the Department with evidence that, with respect to the operations performed, General Comprehensive Liability Insurance or its equivalent providing for a limit of not less than $1,000,000 for bodily injury or death to person(s) per occurrence and $300,000 property damage each occurrence is carried.

The Department and Utility Company are to be Additional Named Insureds, and the policy will be primary to any coverage maintained by the Department or Company. National Railroad Passenger Corporation (a/k/a “Amtrak”), and Florida Central Railroad Company, Inc., and Central Florida Commuter Rail Commission, and Volusia County, and Seminole County, and Orange County, and Osceola County, and City of Orlando, are each to be additional insured on the policy. Contractor shall not make any material change or cancellation to the policy without providing the Department with ten days prior written notice.

(6) Insurance by Others: Contractor shall require every subcontractor or other third party who may have a contract with Contractor and who may require access on or to State Property or the Corridor or the Sun Rail Corridor or the FCEN Corridor to obtain and maintain for the duration of such access an insurance policy or policies with coverage that satisfies the conditions stated in this section 4. B. paragraphs (1), (2), (3), (4), and (5), and including causing each of the Named Insureds and the additional insureds stated in those paragraphs to be Named Insureds and additional insureds on such subcontractor or third party policy or policies.

For purposes of this section 4.B. paragraph (6) the following apply: “State Property” has the meaning stated in the “TRANSITION AGREEMENT Between State of Florida Department of Transportation and CSX Transportation, Inc.,” Appendix A, at page A-4; and “Corridor” has the meaning stated in the “INTERLOCAL OPERATING AGREEMENT FOR OPERATION OF THE CENTRAL FLORIDA COMMUTER RAIL SYSTEM By and Between FLORIDA

DEPARTMENT OF TRANSPORTATION AND CENTRAL FLORIDA COMMUTER RAIL

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COMMISSION,” Appendix A, at page A-3; and Sun Rail “Corridor” has the meaning stated in the “AGREEMENT BETWEEN NATIONAL RAILROAD PASSENGER CORPORATION AND THE FLORIDA DEPARTMENT OF TRANSPORTATION,” Definitions, at page 6; and “FCEN Corridor” has the meaning stated in the “OPERATING AGREEMENT Between State of Florida Department of Transportation, an agency of the State of Florida, and Florida Central Railroad Company, Inc., a Florida Corporation,” Definitions, at page 6. Those agreement definitions mentioned above, and as heretofore amended, are incorporated by reference and may be accessed at https://corporate.sunrail.com/public-documents/agreements/interlocal-government-agreements/

(7) Submission and Approval of Policies; Termination: Certificates of insurance (and other evidence of insurance requested by the Department) for each required policy shall be provided by Contractor at the time of Contract execution.

Contractor shall provide all insurance policies in such form and with insurers that are acceptable to the Department. Keep such insurance in force, in the full amount specified herein, until this contract is ended.