Table C - Appendix # 12 - Railroad Protective Liability (RRPL) Application.pdf
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- Attached to
- IFB LR271001 - Concrete Ties & Rail Material
- Solicitation number
- BPM059516
- Issued by
- Maryland
About this file
This is a Railroad Protective Liability (RRPL) Application form issued by the Maryland Transit Administration (MTA), Office of Safety Management & Risk Control, for contractors performing work near or affecting railroad property or right-of-way. The application requires contractors to provide detailed information about their proposed work, including the designated contractor name and address, general liability and umbrella/excess policy limits and carriers, and confirmation of insurance requirements such as listing the railroad as an additional insured and holding the railroad harmless. Contractors must specify the railroad protective limits desired (either $2,000,000 CSL per occurrence/$6,000,000 aggregate or $5,000,000 CSL per occurrence/$10,000,000 aggregate), provide a detailed job description and location, anticipated project duration, total job cost, and cost of work within 50 feet of railroad tracks or right-of-way. The form requires disclosure of work orientation relative to railroad tracks (parallel to, over, under, or on), daily passenger and freight train traffic, and whether the railroad will provide flagmen, supervisory personnel, or equipment.
The RRPL policy protects the MTA, not the contractor, and requires that the contractor's combined general liability and excess program limits equal or exceed the occurrence limit offered under the RRPL policy, with both carriers maintaining a minimum A.M. Best rating of "A-IX" or better. The contractor's general liability and umbrella policies must delete the contractual exclusion for work within 50 feet of railroad property. Premiums for construction contracts are calculated at $0.70 per $100 of contract cost (subject to a $1,000 minimum) for the $2,000,000/$6,000,000 limits or $0.95 per $100 of contract cost (subject to a $2,500 minimum) for the $5,000,000/$10,000,000 limits, applied only to the cost of work within 50 feet of the railroad. Incidental operations such as field surveys, bridge inspections, core borings, landscaping, pest control, and utility improvements are covered under the program, while construction contracts valued at $15,000,000 or greater within the right-of-way require underwriter approval. Temporary occupancy permits are available at fixed rates ranging from $300 for up to 30 days to $800 for periods exceeding 120 days. Completed applications should be submitted to Sharyn K. Malachi, Risk Analyst, at the MTA's Office of Safety Management & Risk Control.
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Text version
RAILROAD PROTECTIVE LIABILITY APPLICATION
Name and Address Maryland Transit Administration Of Railroad (Insured): Office of Safety Management & Risk Control 1515 Washington Blvd. Baltimore, MD 21230
Name and Address _______________________________________________ _____ Of Designated Contractor(s): _______________________________________________ _____
Contractor's General Liability Limits/Carrier: ________________________________________
Contractor's Umbrella/Excess Limits/Carrier: _______________________________________
Will RR be listed as an Additional Insured on the Contractor's GL Policy? ____ Yes ____ No
Will the Contractor be holding the RR harmless for this job? ____ Yes ____ No
Will the contractual exclusion for work within 50 feet of a RR be deleted from the contractor's GL and Umbrella/Excess Policies for this job? ____ Yes ____ No
Name and address of involved Governmental Authority (if applicable):
Railroad Protective Limits Desired: ( ) $2,000,000 CSL per occ./$6,000,000 agg.
( ) $5,000,000 CSL per occ./$10,000,000 agg.
Bid Date: _________ Policy Period: From: __________ To: __________
Name and Address __________________________________________________________ for whom work is being __________________________________________________________ performed (if not MTA) ___________________________________________________________
Description of Job: __________________________________________________________ (include job/ __________________________________________________________ contract #) __________________________________________________________
Location of Job: __________________________________________________________ (include City/State) __________________________________________________________
Note: Work within 50 ft of the RR owner’s property or right-of-way is excluded on the Contractor’s
General Liability Policy due to the contract work with MTA. Coverage is afforded by CG 2417. Covered autos within 50 ft. of the RR owner’s property at a designated job site may not be covered. Coverage is afforded by CA 2070. Be sure to contact your insurance broker to complete this application and address your concerns. The RRPL Policy is to protect MTA, not the Contractor.
Anticipated length of job (years/months): __________________________
Anticipated length of work within 50’ of RR tracks, property and/or right-of-way (years/months): ___________
Total Job Cost:______________ Job Cost w/in 50’ of RR tracks, property and/or right-of-way:____________
Is Construction: ( ) Parallel to, ( ) Over, ( ) Under, or ( ) On the RR tracks
Daily train traffic: Freight: n/a Passenger: _________________
Will the RR provide any flagmen or supervisory personnel for this job? ____ Yes ____ No
Will the RR provide any other employees to do work for this job? ___ Yes ____ No - If yes, please explain: _______________________________________________________________________
Will the RR loan any equipment to the contractor for this job? ____ Yes ___ No - If yes, not eligible for RRPL
Any track movement involved with this job? ____ Yes ____ No - If yes, please explain:
Any blasting/tunneling involved with this job? ____ Yes ____ No – If yes, explain:
What utility lines are in right of way?
Signature Date
Subject to the following:
The contractors General Liability Program and Excess Program on a combined occurrence basis must be equal to or greater than the occurrence limit offered under the Railroad Protective policy.
A copy of the contractor’s insurance certificate or written documentation would be required at the time of binding.
General Liability Carrier and Excess Carrier must have a minimum A.M. Best rating of "A-IX" or better.
Contract will hold Railroad Harmless, add railroad as additional insured on contractors General Liability policy, and the contractual exclusion for work within 50ft has been deleted from the contractors General Liability and Umbrella policies.
No Railroad Employees provided to project outside of flagging and or supervisory personnel.
No loaning of railroad equipment.
Please include any necessary attachments
Please make check payable to:
Maryland Transit Administration Office of Safety Management & Risk Control 1515 Washington Blvd., Suite 2200 B Baltimore, MD 21230-1794 ATTN: Sharyn K. Malachi, Risk Analyst, CRIS MBA Phone: 770-527-1287
RailRoad Protective Liability Category Descriptions
Incidental Operations* not inclusive of all incidental operations
Field surveys
Appraisals
Billboards
Film contracts
Bridge Inspections
Painting overhead bridges
Core borings
Entry Permits to other entities
Pipe / Wire/ Cable Agreements* not inclusive of all underground & overhead operations
Underground more than 2500 ft. refer to risk management
Fiber Optic refer to risk management
Sewer improvements and repair
Water pipes improvements and repairs
Utility improvements and repair
Blanket Contractors Values Less Than $15,000,000.00
Values over $15,000,000.00 refer to risk management for referral to insurer
Landscaping
Pest Control
Snow Removal
Placement of Engineering/Architectural Equipment to monitor sound/movement
Inventory
Ancillary Contracts with contractor provided insurance requirements
Construction Contracts Rate for 2,000,000/6,000,000 Limits is .70 per $100 of Construction Contract Cost within 50ft of railroad
Subject to a $1,000 Minimum premium
Rate for 5,000,000/10,000,000 Limits is .95 per $100 of Construction Contract Cost within 50ft of railroad.
Subject to a $2,500 Minimum premium
Construction Contract of $15,000,000 or greater within right of way require referral to the underwriter for approval
ROE and Temporary Occupancy Permits $300 - up to 30 Days $450 - 31 to 90 Days $650 - 91 to 120 Days $800 - over 120 days
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