All entities and individuals proposing to enter RCTC property, shall obtain, and shall require any consultant or contractor working on its behalf, to obtain insurance of the types and amounts described below.
Applicant must provide original executed Certificates of Insurance that clearly evidence all insurance required and provide that such insurance shall not be canceled, allowed to expire, or be materially reduced in coverage, except on 30 days' prior written notice to RCTC. RCTC shall have the sole discretion to determine whether the certificates and endorsements presented comply with the applicable provisions.
Railroad Right of Way Applications
If the project involves railroad right of way, the following insurance requirements apply:
Commercial General Liability Insurance
$2,000,000 per occurrence/$4,000,000 in aggregate; the policy shall include RCTC and its officials, officers, employees, agents and consultants as insureds and shall contain no special limitations on the scope of coverage or the protection afforded to these insureds. It will be primary with respect to any insurance or self insurance programs covering RCTC, its officials, officers, employees, agents and consultants. The insurance will also contain standard separation of insured provisions.
Railroad Protective Liability
$2,000,000 single limit/$6,000,000 aggregate (if applicable). Most general liability insurance excludes railroads. In some situations, RCTC has agreed to require Railroad Protective Liability Insurance on behalf of rail lines with operating rights on RCTC's owned lines. The determination of whether this insurance is required for a particular right of entry or license will be made on a case by case basis based, in part, on any potential contractual commitment RCTC has made to a rail line to require such insurance. RCTC reserves the right to require the immediate procurement of adequate Railroad Protective Liability insurance by the applicant in the event it is required by a rail freight carrier and RCTC consents to the rail carrier's requirement, even if the requirement is actually imposed during the term of the license or Right of Entry Agreement, after the agreement has been executed.
Pollution Liability
If construction involves any hazardous materials, a $1,000,000 policy is required.
Worker's Compensation Insurance
Within statutory limits and not less than $1,000,000 per incident. The certificates shall evidence the insurer's knowledge of the proximity of applicant's operation to active rail tracks. Insurers must have an A.M. Best Company rating of no less than A: VIII and be licensed to do business in California.
Non-Railroad Applications
If the project does not involve railroad right of way, the following insurance requirements apply:
Commercial General Liability Insurance
$1,000,000 per occurrence/$2,000,000 in aggregate; the policy shall include RCTC and its officials, officers, employees, agents and consultants as insureds and shall contain no special limitations on the scope of coverage or the protection afforded to these insureds. It will be primary with respect to any insurance or self insurance programs covering RCTC, its officials, officers, employees, agents and consultants. The insurance will also contain standard separation of insured provisions.
Pollution Liability
If construction involves any hazardous materials, a $1,000,000 policy is required.
Worker's Compensation Insurance
Within statutory limits and not less than $1,000,000 per incident.
Insurers must have an A.M. Best Company rating of no less than B+: VIII and be licensed to do business in California.
