[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR646.105]

[Page 218-219]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 646_RAILROADS--Table of Contents
 
             Subpart A_Railroad-Highway Insurance Protection
 
Sec. 646.105  Contractor's public liability and property damage insurance.

    (a) Contractors may be subject to liability with respect to bodily 
injury to or death of persons, and injury to, or destruction of 
property, which may be suffered by persons other than their own 
employees as a result of their operations in connection with 
construction of highway projects located in whole or in part within 
railroad right-of-way and financed in whole or in part with Federal 
funds. Protection to cover such liability of contractors shall be 
furnished under regular contractors' public liability and property 
damage insurance policies issued in the names of the contractors. Such 
policies shall be so written as to furnish protection to contractors 
respecting their operations in performing work covered by their 
contract.
    (b) Where a contractor sublets a part of the work on any project to 
a subcontractor, the contractor shall be required to secure insurance 
protection in his own behalf under contractor's public liability and 
property damage insurance policies to cover any liability imposed on him 
by law for damages

[[Page 219]]

because of bodily injury to, or death of, persons and injury to, or 
destruction of, property as a result of work undertaken by such 
subcontractors. In addition, the contractor shall provide for and on 
behalf of any such subcontractors protection to cover like liability 
imposed upon the latter as a result of their operations by means of 
separate and individual contractor's public liability and property 
damage policies; or, in the alternative, each subcontractor shall 
provide satisfactory insurance on his own behalf to cover his individual 
operations.
    (c) The contractor shall furnish to the State highway department 
evidence satisfactory to such department and to the FHWA that the 
insurance coverages required herein have been provided. The contractor 
shall also furnish a copy of such evidence to the railroad or railroads 
involved. The insurance specified shall be kept in force until all work 
required to be performed shall have been satisfactorily completed and 
accepted in accordance with the contract under which the construction 
work is undertaken.