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HomeMy WebLinkAbout7347RESOLUTION NO. 7347 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY AND THE CITY OF PUEBLO RELATING TO THE MAIN STREET BRIDGE AND AUTHORIZING EXECUTION OF SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1 The Agreement between The Denver and Rio Grande Western Railroad Company and the City of Pueblo dated April 11, 1994, a true copy of which is attached hereto as Exhibit A, having been approved as to form by the City Attorney, be and hereby is approved. SECTION 2 The President of the City Council is authorized and directed to execute the Agreement for and on behalf of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. A TTR.QT INTRODUCED: April 11, 1994 PATRICK AVALOS Councilperson APPROVED: AGREEMENT THIS AGREEMENT is made this / / day of A 4D r 0 , 19 'TV by and between THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, a Delaware corporation ( "Rio Grande" or "Railroad ") and CITY OF PUEBLO, a municipal corporation of the State of Colorado ( "City "). RECITALS WHEREAS, City has submitted an application to the Public Utilities Commission of the State of Colorado, Docket No. 93A -421R ( "Application "), seeking authority to replace the Main Street Bridge overpassing four (4) tracks of the Rio Grande and two (2) tracks of The Atchison, Topeka and Santa Fe Railway Company ( "Santa Fe ") in Pueblo, Colorado at or near Rio Grande MP. 119.2 and Santa Fe MP. 618.6, and for allocation of the costs thereof; and WHEREAS, the replacement of said Bridge results in benefits to the City for the benefit of the public; and WHEREAS, the electors of the City, at a duly called election held on November 2, 1993, approved an increase in the revenue and spending limits of the City for the purpose of replacing the Main Street Bridge and approved the City entering into multiple fiscal year obligations for the construction, maintenance and repair of the replacement bridge; and WHEREAS, the parties hereto have reached agreement concerning the construction, operation and maintenance of the replacement bridge, including the allocation of costs and responsibilities; and WHEREAS, by separate instrument, Rio Grande shall grant to City an easement to construct, reconstruct, maintain and use the street by means of an overpass in said location. NOW, THEREFORE, in consideration of the foregoing recitals and the terms and conditions set forth hereinbelow, the parties hereto agree as follows: 1. The bridge structure and facilities contemplated by the theoretical structure plans and drawings filed in Docket No. 93A -421R as Exhibit 1A prepared by Lonco, Inc. constitute a theoretical structure for reasonably adequate facilities for the Main Street replacement bridge. The preliminary design of the actual bridge replacement structure filed in Docket No. 93A -421 R as Exhibit 2 is reasonably designed to meet the needs of the public and serves the public interest. 2. The City shall cause final design plans, drawings and specifications to be prepared for the actual bridge replacement structure, approaches and appurtenances based substantially upon the preliminary design drawings reflected in Exhibit 2 filed in Docket No. 93A-421R. The final design plans, drawings and specifications shall be subject to approval by Rio Grande, which approval shall not be unreasonably withheld; shall comply with Colorado Public Utility Commission specifications; shall provide for a replacement bridge structure eligible for removal from the Select List of the Federal Bridge Inventory; and shall conform to AASHTO and CDOT Standards as follows: AASHTO "Standard Specifications for Highway Bridges," AASHTO HS -20 -44 Loading, AASHTO "Policy on Geometric Design of Highway and Streets" (1990), CDOT "Standard Specifications for Road and Bridge Construction" (1991) and CDOT "Roadway Design Manual" (1990). Final design plans, drawings and specifications shall be for a replacement bridge which, to the greatest extent practicable, provides for each mainline track the minimum lateral clearance recommended by the American Railway Engineering Association. 3. Except as herein otherwise provided, City shall furnish or cause to be furnished all labor, material, tools and equipment for the construction of said structure in a manner to accommodate Railroad's tracks and appurtenances in accordance with final design plans, drawings and specifications prepared pursuant to Paragraph 2 of this Agreement and approved by Rio Grande. 4. Drawings and design calculations for shoring, excavation, bracing, falsework, etc., which the contractor may be required to furnish and which may be adjacent to Railroad's structures or track support embankment or in any way may affect the safety of railroad operations, shall be submitted to Railroad for review to ascertain that the designs are consistent with railroad design practice and loading. Shoring design shall be in accordance with SPT Co. Part 20 -a Supplement to AREA. Shoring and/or falsework design plans and calculations shall be prepared and signed by a registered professional engineer, having a minimum of five (5) years experience in such design. City shall review and approve all designs submitted by contractor, and shall submit to railroad three (3) sets of design drawings, calculations, material specs and any supporting data or material tests for Railroad's review and approval. City shall state in their transmittal letter to Railroad that they have reviewed and approved contractor's plans. Review by Railroad may take up to six (6) weeks after receipt of all necessary information. No work on shoring or falsework shall commence until Railroad has furnished written approval to City. 5. (a) The parties hereto stipulate and agree that Rio Grande's fair and reasonable apportionment of the costs of the replacement bridge structure, approaches and facilities is U.S. $666,667.00, which amount shall be paid by Rio Grande to the City on or before March 31, 1995. (b) In addition to the payment required by paragraph 5(a), Rio Grande shall provide (or cause to be provided), without charge to City or City's prime construction contractor, flagging and protective services for a period or periods not exceeding in the aggregate 120 work days during the construction of the bridge structure and facilities. For purposes of this subparagraph, a work day shall be any 24 hour period during which one or more railroads furnish a flagging/protective services crew and equipment. The City shall require its prime contractor to reimburse Rio Grande for flagging /protective services furnished by Rio Grande after the 120th work day and to otherwise reimburse the Rio Grande as set forth in Exhibit A attached hereto. (c) All work to be done hereunder by Rio Grande shall be done by its employees working under Rio Grande labor agreements on a force account basis or by contract. Rio Grande shall submit all statements of reimbursable cost to City's prime construction contractor (with a copy to City) for payment of work perfonned in accordance with the Interstate Commerce Commission's -2- Systems of Accounts for Railroads and on the basis of items set forth in said items of work performed by Rio Grande. 6. All work contemplated in this Agreement shall be performed in a good and workmanlike manner to the satisfaction of the parties, and each portion shall be promptly started by the party obligated to do the same, and thereafter diligently prosecuted to completion in its logical order and sequence. 7. The books, papers, records and accounts of the parties, so far as they relate to items of expense for labor and materials, or are in any way connected with the work herein contemplated, shall at all reasonable times be open to inspection or audit by agents and authorized representatives of the parties for a period of three (3) years from the date of Railroad's final bill. 8. Upon completion of the construction of said replacement bridge structure, City, at its expense, shall maintain said structure, including the approaches thereto, roadway pavement, roadway drainage, landscaping, lighting, and all other roadway facilities. Railroad, at its expense, shall maintain its own tracks, roadbed, appurtenances and drainage related thereto. 9. In the event any of the work upon property of Railroad, as herein contemplated, should be advertised for bids by City, the awarded contract shall include the provisions as set forth in Exhibit A , attached and made a part thereof. Said work shall not be commenced by contractor until: (a) City has furnished to Railroad's Chief Engineer a copy of said contract executed by City's contractor; (b) City or Contractor has furnished to Railroad's Chief Engineer duplicate counterparts of an agreement signed by City's contractor as set forth in said Exhibit A ; (c) City or Contractor has furnished to Railroad's Chief Engineer: (1) a copy of public liability and property damage insurance policies as set forth in Exhibit A -2 ; and (2) a copy of Railroad Protective Liability and Property Damage Insurance Policy providing a combined single limit for personal injury, including death, and property damage of Two Million Dollars ($2,000,000) per occurrence with an aggregate limit of Six Million Dollars ($6,000,000) for the term of the policy; and (d) Railroad's Chief Engineer has advised City by letter that the limits, form and substance of said insurance policies are satisfactory to Railroad. The above insurance policies shall be kept in full force and effect by City's contractor during the performance of said work upon the adjacent to Railroad's property and thereafter until contractor removes all tools, equipment, and materials from Railroad's property and cleans up the premises to -3- a presentable condition satisfactory to Railroad. 10. City and its contractor shall give five (5) days written notice to Railroad's authorized engineer before starting any work in connection with said structure upon or adjacent to Railroad's property and shall observe Railroad's rules and regulations with respect thereto. All work shall be done at such times and in such manner as not to interfere with or endanger the operations of Railroad. 11. During construction and at other times when construction or repair work is performed on or within the Rio Grande's tracks or rights of way, City shall require any contractor employed in the work to: (a) notify the Rio Grande at least 72 hours in advance of commencing any operations which require protective services, and 24 hours in advance of discontinuance of such protective services; and (b) except as provided in paragraph 5(b) of this Agreement, promptly reimburse the Rio Grande for the cost of all services, including flagging and protective services and materials supplied and railroad work performed by Rio Grande for the City's contractor. 12. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of Railroad and the assigns of City. 13. This Agreement constitutes the entire and complete agreement of the parties concerning the bridge structure and facilities, and supersedes all prior oral or written agreements, understandings or representations related thereto. 14. This Agreement is executed in multiple identical counterparts, each of which shall constitute an original. 15. The parties acknowledge the existence of a Rio Grande signal line and appurtenances upon the existing bridge. Rio Grande will rearrange and relocate said signal line and appurtenances so as not to impede the construction of the bridge structure and facilities, and will perform all work and furnish all materials necessary therefor. City shall thereafter promptly reimburse Rio Grande for all actual costs reasonably incurred in performing said rearrangement and relocation. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers the day and year first above written. ATTEST: Cit Clerk CITY OF PUEBLO, a Muni ipal Corporation By re de of the City 06uncil -4- - r� ANWWOD CIVON IIV NWHISHM - ICINV2IJ ORI CINV NHANHG Af-11 EXHIBIT A RELATIONS WITH RAILROAD COMPANY (a) General - The term "Railroad" shall be understood to mean The Denver and Rio Grande Western Railroad Company. The term "Political Subdivision" shall be understood to mean the City of Pueblo. It is expected that Railroad will cooperate with the Contractor to the end that the work may be handled in an efficient manner, but the Contractor shall have no claim for damages or extra compensation in the event his work is held up by the work of Railroad forces. (b) Railroad Requirements - The Contractor shall cooperate with the Railroad where work is over or under the tracks, or within the limits of Railroad property, in order to expedite the work and to avoid interference with the operation of Railroad equipment. The Contractor shall comply with the rules and regulations of the Railroad or the instructions of its representatives in relation to the proper manner of protecting the tracks and property of Railroad and the traffic moving on such tracks, as well as the wires, signals and other property of Railroad, its tenants or licensees, at and in the vicinity of the work during the period of construction. The Contractor shall perform his work in such manner and at such times as shall not endanger or interfere with the safe operation of the tracks and property of Railroad and the traffic moving on such tracks, as well as wires, signals and other property of Railroad, its tenants or licensees, at or in the vicinity of the work. The Contractor shall not pile or store any materials or park any equipment, when not in use, closer to the center of nearest railroad track than permitted by the following clearances: 15' -0" horizontally from center line of track. 22' -6" vertically above top of rail. The placement above top of rail of falsework, forms, bracing or other construction supports, placement or driving of piles, shall not be closer to the center of the nearest railroad track than permitted by the following temporary construction clearances: Exhibit A 10' -0" horizontally from center line of track. 22' -0" vertically above top of rail. Walkways with railings shall be constructed by Contractor over open excavation areas when in close proximity to tracks, and railings shall not be closer than 8' -6" horizontally from center line of the nearest track if tangent, or 9' -6" if curved. Any infringement on the above clearances due to the Contractor's operations shall be submitted to the Railroad and to the Engineer, and shall not be undertaken until approved by the Railroad, and until the Engineer has obtained any necessary authorization from any governmental body or bodies having jurisdiction thereover. No extra compensation will be allowed in the event the Contractor's work is delayed pending Railroad approval and governmental authorization. In the case of impaired vertical clearance above top of rail, Railroad shall have the option of installing tell -tales or other protective devices Railroad deems necessary for protection of Railroad trainmen or rail traffic. Contractor shall reimburse Railroad for all costs incurred in connection with any such installation of tell -tales or other protective devices. Plans showing details of construction affecting the Railroad tracks and property not included in the contract plans shall be submitted to the Railroad for approval before such work is undertaken. If the Contractor, for the purpose of constructing highway - railway grade separation structures, including construction ramps thereto, desires to move his equipment or materials across Railroad's tracks, he shall obtain permission from Railroad; and, should it be required, the Contractor shall execute a private crossing agreement. The crossing installation for the use of the Contractor, together with any protective devices, if required, shall be at the expense of the Contractor. Contractor shall furnish his own employees as flagmen to control movements of vehicles on the private roadway and shall take all measures necessary to prevent the use of such roadway by unauthorized persons and vehicles. In advance of any blasting, the Contractor shall notify Railroad in order that proper flagging protection may be provided. Upon completion of the work covered by this contract and to be performed by Contractor upon the premises or over or beneath the tracks of Railroad, the Contractor shall promptly remove from the premises of Railroad all of Contractor's tools, implements and other materials, whether brought upon said premises by said Contractor or any subcontractor, employee or agent of Contractor or -2- Exhibit A of any subcontractor, and cause said premises to be left in a clean and presentable condition. (c) Protection of Railroad Facilities - In connection with work performed at railroad crossing, Railroad representatives, conductors, flagmen or watchmen, will be provided by Railroad to protect its facilities, property and movements of its trains or engines, when in the opinion of Railroad's representative same is necessary due to the Contractor's operations while working on or adjacent to the Railroad's property or its tracks. Except for the flagging and protective services to be provided without charge by Railroad, the cost of all personnel deemed necessary by Railroad and provided by Railroad for the protection of Railroad facilities and trains during the period of constructing the separation, an the cost of installing protective devices in the case of impaired clearance, as above specified, shall be borne by the Contractor, and sums sufficient to cover the claims based upon bills rendered to the political subdivision by Railroad for such cost will be deducted from the progress and final pay estimates due the Contractor. The rates of pay of Railroad employees customarily called upon to act for the protection of Railroad are the railroad rates in effect at the time of the work for the various classes of labor. Compensation, property damage and Public liability insurance, vacation and holiday time, railroad retirement and unemployment taxes, health and welfare, and supervision charges shall be added to the above rates. Railroad will, upon request, furnish prospective bidders with an estimate of cost of the flagging protection which will be required, but such estimate shall be understood to be approximate only and no guaranty is made that the total cost of such flagging will not be in excess of the estimated amount. The determination of the cost of flagging and protective devices to be used as a basis for the submitting of bids shall be the responsibility of prospective bidders. (d) Work by Railroad Company - Railroad will rearrange its telephone, telegraph and signal lines and appurtenances, and will make all track changes and will perform any other work in connection therewith. The work by Railroad will be done by its own forces and is not a part of the work under this contract. (e) Agreement - Before doing any work on Railroad's property, the Contractor shall execute an agreement with Railroad in the form of agreement attached hereto as Exhibit A -1 . G: \JPG \Misc \Pueb1c.A -1 -3- Exhibit A EXIIIBIT A -1 CONTRACTOR'S AGREEMENT THIS AGREEMENT, made this day of , 19_, by and between a corporation, herein termed "Railroad," and address: erein termed "Contractor ": WITNESSETH: 1. For a period not to extend beyond , 19 , Railroad, as an accommodation, hereby permits Contractor to enter upon the property of Railroad at , in the County of , State of for the purpose of performing the construction of herein termed "structure," on the behalf of the _ hereinafter named "Third Party." 2. Contractor warrants that Contractor has entered into a contract with Third Party, covering the work to be performed in connection with said structure at said location. 3. Contractor agrees to reimburse Railroad for all costs and expenses incurred by Railroad in connection with the construction or operation not required under aforesaid contract between Third Party and Contractor, including, but not limited to, the furnishing of such inspectors, watchmen and flagmen as Railroad deems necessary to protect its property, tracks, engines, trains and cars and the operation thereof, the installation and removal of any necessary falsework beneath the tracks of Railroad and the restoration of Railroad's property. No vehicular crossing over Railroad's track shall be installed or used buy Contractor without prior written permission of Railroad. 4. Contractor shall give Railroad at least five (5) working days notice in advance of any work to be done upon or adjacent to Railroad's property under said contract. Contractor shall notify Railroad the date said work is completed, and also the date the work is accepted by Third Party. Upon completion of the work to be done upon Railroad's property under said contract, Contractor shall promptly remove from Railroad's property all tools, equipment and materials placed thereon by the Contractor or Contractor's agents. Contractor shall restore said property to the same state and condition as when Contractor entered thereon and shall leave said property in a clean and presentable condition satisfactory to Railroad's representative. EXHIBIT A -1 5. Said work shall be performed in accordance with plans and specifications approved by Railroad and in such manner and at such times as shall not endanger or interfere with the safe operation of the tracks and other facilities at said location. No materials, tools or equipment shall be stored within fifteen (15) feet of the center line of any track. The regulations of Railroad and the instructions of its representatives shall be complied with relating to the proper manner of protecting the tracks, pipelines, wire lines, signals and all other property at said location, the traffic moving on such tracks and the removal of tools, equipment and materials. 6. Contractor shall keep Railroad's property free and clear of all levies, liens and encumbrances of any nature whatsoever, and shall promptly remove any lien against Railroad's property arising from performance of work hereunder by Contractor, or any subcontractor, and if not removed within twenty (20) days, Railroad may act to remove same and all Railroad costs shall be paid by Contractor. 7. Contractor agrees to and shall indemnify and hold harmless Railroad, its officers, agents and employees from and against any and all claims, demands, losses, damages (including reasonable attorneys' fees, court costs and other expenses related thereto) for injury to or death of a person or for loss of or damage to any property, arising out of or in connection with work done, action taken or permitted by Contractor, its subcontractors, agents or employees under this contract. It is the express intention of the parties hereto, both Contractor and Railroad, that the indemnity provided for in this paragraph indemnifies Railroad for its own negligence, whether the negligence is active or passive, or is the sole or a concurring cause of the injury, death or damage, provided the said indemnity shall not protect Railroad from liability for death, injury or damage arising solely out of the willful misconduct and /or criminal actions of Railroad, its officers, agents and employees. 8. Should Railroad bring suit to compel performance of, or to recover for breach of any covenant or condition contained herein, Contractor shall pay to Railroad reasonable attorneys' fees, in addition to the amount of judgment and costs. 9. Prior to the performance of any work upon or adjacent to Railroad's property under said contract, Contractor shall furnish Railroad, at Contractor's expense: (a) a certified copy of a public liability and property damage liability insurance policy issued in the name of the Contractor, and naming Railroad as an additional insured, covering the contractual liability assumed by Contractor under Section 7 hereof. The form, substance and limits of said insurance policy shall be subject to the terms contained in the endorsement marked Exhibit A-2 attached hereto and made a part hereof; and -2- EXHIBIT A -1 (b) a Railroad Protective Liability and Property Damage policy which names the Railroad as the insured and which provides coverages of no less than a combined single limit for personal injury, including death, and property damage of two million dollars ($2,000,000) per occurrence, with an aggregate limit of no less than six million dollars ($6,000,000). Contractor shall keep said insurance in full force and effect until all work to be performed upon or adjacent to Railroad's property under said contract is completed to the satisfaction of and accepted by Third Party and thereafter until Contractor has fulfilled the provisions of this Agreement with respect to the removal of tools, equipment and materials from Railroad's property. 10. At the request of Railroad, Contractor shall remove from Railroad premises any employee of said Contractor or any subcontractor who fails to conform to the instructions of Railroad's representative. All work on Railroad premises shall be suspended until such request of Railroad is met. Contractor shall indemnify Railroad against any claim arising from the removal of any such employee from Railroad premises. 11. Contractor shall telephone Railroad's fiber optic company at 1- 800 - 283 -4237 (a 24 -hour number) to determine if a telecommunications system is buried anywhere on or about the premises defined or included herein. If it is, Contractor will telephone the owner of the system designated by Railroad, arrange for a cable locator and make arrangements for relocation or other protection of the system prior to beginning any work on said premises. 12. The permission herein given shall not be assigned by Contractor without the prior written consent of Railroad, except in the case of subcontractors who shall be deemed agents of Contractor, subject to the terms of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate the day and year first above written. By (Title) By (Title) G: \JPG \Misc \Pueb1o.EY.A -3- EXHIBIT A -1 EXHIBIT A -2 COMPREHENSIVE GENERAL AND AUTOMOBILE LIABILITY ENDORSEMENT Attached to certificate of insurance for and hereby certified to be part of the following policy or policies having the following expiration dates: Policy No. Company Providing Policy Expiration Date The scope of the insurance afforded by the policy(ies) designated in the attached certificate is not Iess than that which is afforded by the Insurance Service Organizations or other "Standard Provisions" forms in use by the insurance company in the territory in which coverage is afforded. Such Policy(ies) provide for or are hereby amended to provide for the following: 1. The name insured is 2 ( "Railroad ")* is included as an additional insured with respect to liability arising out of the hazards or operations under ALL AGREEMENTS entered into between the named insured and Railroad, whether or not liability is attributable to negligence of the named insured or Railroad. In the event it is intended that this endorsement is applicable to only one agreement, the agreement is described as follows: The insurance provided hereunder applies as though separate policies are in effect for both the named insured and Railroad. Nothing herein shall increase limits of liability set forth in the policy(ies). '3. The limits of liability under the policy(ies) are not less than those shown on the certificate to which this endorsement is attached. 4. Cancellation or material reduction of this coverage will not be effective until thirty (30) days following written notice to: Regional Manager of Contracts Southern Pacific Transportation Company P. 0. Box 5482 _ Denver, Colorado 80217 Address By regr_$tered or certified mail 5. Contractual liability coverage for liability assumed by this insured under said agreement or agreements with Railroad. 6. This insurance is primary and insurer is not entitled to any contribution from insurance in effect for Railroad. 7. AU policy or endorsement limitations relating specifically to operations on or near railroad property are eliminated. 8. Broad Form Property Damage endorsement. 9. So- called X, C and U (or similar) limitations are not effective as respects operations by or for the named insured on or adjacent to Railroad's property. 10. In the event of reduction or exhaustion of the applicable aggregate limit or limits of liability under the primary policy or policies referred to in the attached certificate of insurance solely by reason of losses paid thereunder on account of occurrences during the policy period, the excess policy, if any, referred to herein shall (i) in the event of reduction, apply as excess of the reduced limit of liability thereunder; and (ii) in the event of exhaustion, continue in force as though it were primary insurance. The term "Railroad" includes successors, assigns and affiliated companies of Railroad and affiliates thereof, and other railroad company operating upon or over Railroad's tracks with Railroad's permission, and other officers, employees and agents of any of the foregoing. Insurance Company Date 19 By Signature of Authorized Representative FxH i S/7 - A-2 Form 7345 INSURANCE REQUIREMENTS FOR CONTRACTORS Comprehensive General Liability with Contractual Liability Endorsement - Combined single limit of at least $2 million - Railroad is named as additional Insured Contractual liability endorsement must have exclusions for operations within 50 feet of a railroad and for XCU hazards deleted Railroad must have 30 days notice of cancellation or modification Comprehensive Automobile Liability Policy - Combined single limit of at least $2 million - Railroad is named as additional insured Railroad must have 30 days notice of cancellation or modification All contractors will provide in their policies a cross liability endorsement worded as follows: It is agreed that the inclusion of more than person, corporation, organization, firm or entity as insured under this policy shall not in any way affect the right of any such person, corporation, organization, firm or entity with respect to any claim, demand, suite. or-judgment made, brought or recovered by or in favor of any other insured. This policy shall protect each person, corporation, organization, firm or entity in the same manner as though a separate policy had been issued to each; provided that this endorsement shall not operate to increase the company's limits of liability as set forth elsewhere in this policy_ Moreover, all policies submitted shall name SPT Co. as an additional insured without any qualifications or restrictions. A certificate of insurance to which is attached an endorsement in the form of Railroad's Form 7345B will be acceptable in lieu of a certified copy of the policy in all states *except Texas. When a certified copy of the policy is submitted, review will be expedited if the following items are marked with a tab or paper clip: - The page showing the limits on the policy. - Endorsement showing Railroad named as additional insured and requiring that Railroad be given 30 days notice of cancellation or modification. - Contractual liability endorsement. - Endorsement removing exclusions from contractual liability endorsement for operations within 50 feet of a railroad and for XCU hazards.