SECTION 9 Review the contract documents to verify if the work will impact a railroad right-of-way. If there is a railroad involved, then the contractor shall submit original and copies of his railroad insurance. This shall be done prior to any work in or near the railroad right-ofway. Please supply one (1) original and two (2) copies of the insurance policy plus the original Certificate of Insurance and two (2) copies. Article 7-11.5.1 of the latest edition of the Specifications for Road and Bridge Construction states: The Contractor shall give notification to the Superintendent of the railroad company and to the Engineer in advance of his beginning any operations within the limits of the railroad right of way (a minimum of 72 hours), any operations requiring movement of employees, trucks or other equipment across the tracks of the railroad company at other than an established public crossing and any other work which may affect railroad operations or property. Article 7-11.5.2 states in part: The Contractor shall comply with whatever requirements an authorized representative of the railroad company deems necessary in order to safeguard the railroad’s property and operations. Article 7-11.5.3 states in part: The Contractor shall schedule his work which affects railroad operations so as to minimize the need for protective services by the railroad company. Revised as of 01/01/2011 MEMORANDUM State of Florida Department of Transportation DATE: TO: FROM: Karin Charron, District Railroad Coordinator COPIES TO: SUBJECT: Protective Liability Insurance Policy Listed below is the information required for the issuance of the Railroad Protective Liability Insurance Policy: 1. 2. 3. 4. 5. 6. 7. 8. FINPROJ No.: F.A.P. No.: State Road No.: Railroad Company: Crossing No.: Railroad Mile Post No.: Nearest Town: Railroad File No.: Number of trains per day: Speed of trains: Status of trains: Limits of the Insurance Policy: Article 7-13.2 of the latest edition of the Standard Specifications for Road and Bridge Construction requires $1,000,000 per occurrence for injury, death, and property damage; with an aggregate limit of $5,000,000 for the term of the policy. The Original Policy and two (2) copies of the Insurance Policy plus the Original Certificate of Insurance and two (2) copies should be mailed to: Ms Karin Charron District Railroad Coordinator Florida Department of Transportation P.O. Box 6669 Jacksonville, FL 32236-6669 CONTRACTUAL RESPONSIBILITY TYPE OF AGREEMENT: __________________________________________ CROSSING NO.: RRMP: ____________________ RAILROAD COMPANY: ___________________________________________ CONTACT: PHONE NO: _________________ INSURANCE REQUIREMENTS Florida Department of Transportation’s latest edition of Standard Specifications for Road and Bridge Construction, Article 7-13.4, Insurance Required for Construction at Railroads: 7-13.4.1 7-13.4.2 7-13.6 General Railroads’s Protective Public Liability and Property Damage Liability Submission and Approval of Policies termination At least seven (7) days prior to beginning operations in the vicinity of the railroad, the contractor shall furnish to the Department’s District Railroad Coordinator, an original and two copies of the Railroad Protective Insurance to be forwarded to the railroad company by the District Railroad Coordinator. These policies must be acceptable to the Department and to the railroad company. Policy to be submitted to: ________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ The latest edition of the Florida Department of Transportation Standard Specifications, Article 7-11.5, entitled Operations within Railroad Right of Way states in part as follows: The Contractor shall give notification to the Superintendent of the railroad company and to the Engineer 72 hours in advance of beginning any operations within the limits of the Railroad right of way. Contractor shall comply with whatever requirements an authorized railroad representative deems necessary in order to safeguard railroad’s property and operations. Any damage, delays, actions or claims brought resulting from Contractor’s operations within or adjacent to railroad right of way shall be contractor’s responsibility. The contractor shall schedule his work which affects railroad operations so as to minimize flagging services by railroad company. (Sample of evidence required by CSX Transportation, Inc.) TO WHOM IT MAY CONCERN Re: RAILROAD PROTECTIVE LIABILITY INSURANCE You are required to furnish Railroad Protective Insurance to protect CSX Transportation, Inc. in connection with construction or demolition operations to be performed on or adjacent to CSX Transportations’ right of way. These are our specifications for proper evidence of insurance: 1. The Insurer must be financially stable and rated B+ or better in Best’s Insurance reports. 2. The policy must be written using the ISO/RIMA Form of Railroad Protective Insurance - Insurance Services Office (ISO) Form CG 00 35 3. Named Insured and Address: CSX Transportation Risk Management (J-907) 500 Water Street Jacksonville, FL 32202 4. Limits of Liability: $2,000,000 per occurrence combined single limit for bodily injury and property damage, subject to a $6,000,000 annual aggregate limit. (Unless your agreement or contract specifies higher limits) 5. Name and Address of Contractor must be shown on the Declarations page. 6. Name and Address of the Project Sponsor must be shown on the Declarations page. 7. Description of operations must appear on the Declarations page and must match the project description, including project or contract identification numbers. 8. Authorized endorsements: A. Must 1.) 2.) Pollution Exclusion Amendment - CG 28 31 Delete Common Policy Conditions - CL/CG 99 01 If policy jacket does not include Common Policy Conditions, this endorsement is not necessary. B. C. Acceptable 1.) Broad Form Nuclear exclusion - IL 00 21 2.) 30-day Advance Notice of Non-renewal 3.) Required State Cancellation Endorsement 4.) Quick Reference or Index - CL/IL 240 Unacceptable 1.) Any Pollution Exclusion Endorsement except CG 28 31 2.) Any Asbestos Exclusion 3.) Any Punitive or Exemplary Damages Exclusion 4.) Any endorsement not named in A or B You must submit the original policy for our approval and filing prior to the commencement of construction or demolition operations. CSX Corporation Risk Management (J 907) 500 Water Street Jacksonville, FL 32202 March 18, 1996