Protective Liability Insurance

The US Army Corps of Engineers is looking to furnish to the Railroad, a Railroad Protective Liability Insurance Policy in the form provided by the Federal Aid Program Manual. This policy shall name "Soo Line Railroad Company, doing business as Canadian Pacific Railway" as the insured. The limits of this policy shall not be less than a combined amount of two million dollars per occurrence for bodily injury, death, property damage and physical damage to property; should this policy contain an aggregate limit, that aggregate limit shall not be less than six million dollars per policy period (One Year). This policy shall contain a description sufficient to identify the project for which the policy is issued. This insurance policy, executed by a corporation qualified to write such policies in the state in which the work is to be performed (MN), shall be in form and substance satisfactory to the Railroad, and shall be delivered by the licensee to an approved Railroad representative, prior to entry upon, or use of Railroad property by the licensee. Description of work to be performed by USACE: The project will consist of transportation of dredged material across Railroad property via pipeline. The pipeline will remain in place for the duration (1 year) and at USACE's discretion may be used for transport of dredge material at any time. Personnel will operate in Railroad Owned Property (ROW) in order to install and remove pipeline; estimated total duration is 15 days. Duration of work to be performed by USACE: Work on Railroad property is anticipated to last no more than 15 calendar days for the course of the year-long project. RR flagman will be present at any time personnel are in the RR ROW. The Federal Highway Administration states: § 646.109 Types of coverage. (a) Coverage shall be limited to damage suffered by the railroad on account of occurrences arising out of the work of the contractor on or about the railroad right-of-way, independent of the railroad's general supervision or control, except as noted in §646.109(b)(4). (b) Coverage shall include: (1) Death of or bodily injury to passengers of the railroad and employees of the railroad not covered by State workmen's compensation laws; (2) Personal property owned by or in the care, custody or control of the railroads; (3) The contractor, or any of his agents or employees who suffer bodily injury or death as the result of acts of the railroad or its agents, regardless of the negligence of the railroad; (4) Negligence of only the following classes of railroad employees: (i) Any supervisory employee of the railroad at the job site; (ii) Any employee of the railroad while operating, attached to, or engaged on, work trains or other railroad equipment at the job site which are assigned exclusively to the contractor; or (iii) Any employee of the railroad not within (b)(4) (i) or (ii) who is specifically loaned or assigned to the work of the contractor for prevention of accidents or protection of property, the cost of whose services is borne specifically by the contractor or governmental authority. § 646.111 Amount of coverage (a) The maximum dollar amounts of coverage to be reimbursed from Federal funds with respect to bodily injury, death and property damage is limited to a combined amount of $2 million per occurrence with an aggregate of $6 million applying separately to each annual period except as provided in paragraph (b) of this section. (b) In cases involving real and demonstrable danger of appreciably higher risks, higher dollar amounts of coverage for which premiums will be reimbursable from Federal funds shall be allowed. These larger amounts will depend on circumstances and shall be written for the individual project in accordance with standard underwriting practices upon approval of the FHWA.