247 - Mississippi Department of Transportation

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MISSISSIPPI DEPARTMENT OF TRANSPORTATION SECTION 904 - NOTICE TO BIDDERS NO. 247 DATE:

06/27/2017

SUBJECT:

Norfolk Southern Insurance Requirements

CODE: (SP)

Bidder’s attention is brought to the following special insurance requirements regarding Norfolk Southern Railroads. A.

In addition to any other forms of insurance or bonds required under the terms of the contract and specifications, the Prime Contractor will be required to carry insurance of the following kinds and amounts: 1.

a. Commercial General Liability Insurance having a combined single limit of not less than $2,000,000 per occurrence for all loss, damage, cost and expense, including attorneys’ fees, arising out of bodily injury liability and property damage liability during the policy period. Said policy shall include explosion, collapse, and underground hazard (XCU) coverage, shall be endorsed to name Railroad specified in item A.2.c. below both as the certificate holder and as an additional insured, and shall include a severability of interests provision. b. Automobile Liability Insurance with a combined single limit of not less than $1,000,000 each occurrence for injury to or death of persons and damage to or loss or destruction of property. Said policy or policies shall be endorsed to name Railroad specified in item A.2.c. below both as the certificate holder and as an additional insured and shall include a severability of interests provision;.

2.

Railroad Protective Liability Insurance having a combined single limit of not less than $2,000,000 each occurrence and $6,000,000 in the aggregate applying separately to each annual period. If the project involves track over which passenger trains operate, the insurance limits required are not less than a combined single limit of $5,000,000 each occurrence and $10,000,000 in the aggregate applying separately to each annual period. Said policy shall provide coverage for all loss, damage or expense arising from bodily injury and property damage liability, and physical damage to property attributed to acts or omissions at the job site. The standards for the Railroad Protective Liability Insurance are as follows: a. The insurer must be rated A- or better by A.M. Best Company, Inc. NOTE: Norfolk Southern (NS) does not accept from insurers Chartis (AIG or Affiliated Company including Lexington Insurance Company), Hudson Group or Liberty or Affiliated Company. b. The policy must be written using one of the following combinations of Insurance Services Office ("ISO") Railroad Protective Liability Insurance Form Numbers: (1) CG 00 35 01 96 and CG 28 31 10 93; or (2) CG 00 35 07 98 and CG 28 31 07 98; or (3) CG 00 35 10 01; or (4) CG 00 35 12 04; or (5) CG 00 35 12 07; or (6) CG 00 35 04 13.

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Notice To Bidders No. 247 -- Cont’d.

c. The named insured shall read: Norfolk Southern Corporation and its subsidiaries Three Commercial Place Norfolk, Virginia 23510-2191 Attn: S. W. Dickerson Risk Management (NOTE: NS does not share coverage on RRPL with any other entity on this policy) d. The description of operations must appear on the Declarations, must match the project description in this agreement, and must include the appropriate Department project and contract identification numbers. e. The job location must appear on the Declarations and must include the city, state, and appropriate highway name/number. NOTE: Do not include any references to milepost, valuation station, or mile marker on the insurance policy. f. The name and address of the prime contractor must appear on the Declarations. g. The name and address of the Department must be identified on the Declarations as the "Involved Governmental Authority or Other Contracting Party." h. Endorsements/forms that are required are: (1) Physical Damage to Property Amendment (2) Terrorism Risk Insurance Act (TRIA) coverage must be included i. Other endorsements/forms that will be accepted are: (1) Broad Form Nuclear Exclusion — Form IL 00 21 (2) 30-day Advance Notice of Non-renewal or cancellation (3) Required State Cancellation Endorsement (4) Quick Reference or Index Form CL/IL 240 j. Endorsements/forms that are NOT acceptable are: (1) Any Pollution Exclusion Endorsement except CG 28 31 (2) Any Punitive or Exemplary Damages Exclusion (3) Known injury or Damage Exclusion form CG 00 59 (4) Any Common Policy Conditions form (5) An Endorsement that limits or excludes Professional Liability coverage (6) A Non-Cumulation of Liability or Pyramiding of Limits Endorsement (7) An Endorsement that excludes TRIA coverage (8) A Sole Agent Endorsement (9) Any type of deductible endorsement or amendment (10) Any other endorsement/form not specifically authorized in item no. 2.h above. B.

If any part of the work is sublet, similar insurance, and evidence thereof as specified in A. 1 above, shall be provided by or on behalf of the subcontractor to cover its operations on Railroad's right of way.

C.

All insurance required under the preceding subsection A shall be underwritten by insurers and be of such form and content, as may be acceptable to the Company. Prior to entry on Railroad right-ofway, the original Railroad Protective Liability Insurance Policy shall be submitted by the Prime Contractor to the Department at the address below, with copies to the Project Engineer. MDOT will be responsible for its review and transmittal to the Railroad. In addition, certificates of insurance evidencing the Prime Contractor's and any subcontractors' Commercial General Liability Insurance shall be issued to the Railroad and the Department at the addresses below, and forwarded to the Department for its review and transmittal to the Railroad. The certificates of insurance shall state that the insurance coverage will not be suspended, voided, canceled, or reduced in coverage or limits without (30) days advance written notice to Railroad and the Department. No work will be permitted by Railroad on its right-of-way until it has reviewed and approved the evidence of insurance required

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Notice To Bidders No. 247 -- Cont’d.

herein. DEPARTMENT: Mississippi Department of Transportation Bridge Division P.O. Box 1850 Jackson, MS 39215-1850

RAILROAD: Risk Management Norfolk Southern Corporation and its subsidiaries Three Commercial Place Norfolk, Virginia 23510-2191

D.

The insurance required herein shall in no way serve to limit the liability of Department or its Contractors under the terms of this agreement.

E.

Insurance Submission Procedures 1.

Railroad will only accept initial insurance submissions via US Mail or Overnight carrier to the address noted in C above. Railroad will NOT accept initial insurance submissions via email or faxes.

2.

Railroad requires the following two (2) forms of insurance in the initial insurance submission to be submitted under a cover letter providing details of the project and contact information:

3.

a.

The full original or certified true countersigned copy of the railroad protective liability insurance policy in its entirely inclusive of all declarations, schedule of forms and endorsements along with the policy forms and endorsements.

b.

The Contractor's commercial general, automobile, and workers' compensation liability insurance certificate of liability insurance evidencing a combined single limit of a minimum of $2M per occurrence of general and $1M per occurrence of automobile liability insurance naming Norfolk Southern Railway Company, Three Commercial Place, Norfolk, VA 23510 as the certificate holder and as an additional insured on both the general and automobile liability insurance policy.

It should be noted that the Railroad does not accept notation of Railroad Protective insurance on a certificate of liability insurance form or Binders as Railroad must have the full original countersigned policy. Further, please note that mere receipt of the policy is not the only issue but review for compliance. Due to the number of projects system-wide, it typically takes a minimum of 30 - 45 days for the Railroad to review.

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247 - Mississippi Department of Transportation

MISSISSIPPI DEPARTMENT OF TRANSPORTATION SECTION 904 - NOTICE TO BIDDERS NO. 247 DATE: 06/27/2017 SUBJECT: Norfolk Southern Insurance Requirements ...

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