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
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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
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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-
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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.