BNSF Railway Right-of-Entry and Contractor Insurance Requirements

In the sample Exhibit C-1, commercial general liability is set at $5,000,000 each occurrence with an aggregate limit of at least $10,000,000, written on a post-2004 ISO occurrence form. The policy is to be endorsed so that the definition of insured contract no longer carries the exclusion for work within 50 feet of railroad property. The sample also lists a waiver of subrogation, additional insured status for BNSF covering ongoing operations and completed operations, separation of insureds and primary and noncontributory wording.

Business auto is set at $1,000,000 combined single limit and must apply to any and all vehicles owned, used or hired, with additional insured, waiver of subrogation and primary and noncontributory endorsements. Employer's liability is $500,000 each accident, $500,000 disease policy limit and $500,000 disease each employee, with a waiver of subrogation.

Other terms in the sample apply across the program: certificates go to BNSF Railway Company in care of CertFocus, policies carry 30 days' notice of cancellation, carriers must be rated A- and Class VII or better, claims-made coverage is maintained for three years after the agreement ends and subcontractors carry the same coverage and name the Railway as additional insured. The sample also says the Railway may modify the requirements not more frequently than once every five years.

• CGL: $5,000,000 each occurrence, $10,000,000 aggregate, post-2004 ISO occurrence form
• CGL endorsements: insured contract amended, waiver, additional insured for ongoing and completed operations, separation of insureds, primary and noncontributory
• Auto: $1,000,000 combined single limit, any and all vehicles owned, used or hired
• Employer's liability: $500,000 each accident, disease policy limit and disease each employee

The sample Exhibit C-1 requires railroad protective liability at $5,000,000 per occurrence and $10,000,000 in the aggregate, written on ISO form CG 00 35 12 04. It lists a Pollution Exclusion Amendment and a Limited Seepage and Pollution Endorsement, says the policy may not exclude punitive damages and calls for the original policy to be provided to the Railway before work begins.

Instead of buying a separate policy, the sample says the contractor may participate, if available, in the Railway's Blanket Railroad Protective Liability Insurance Policy. The Exhibit C template in Appendix A-1 directs questions about procuring railroad protective liability to a named contact at Marsh USA. BNSF does not publish a price for the blanket program on its site, so the cost and availability for a given job are questions for Marsh, and a contractor can compare that answer with a stand-alone CG 00 35 policy quoted in the open market, subject to underwriting.

The Public Projects Manual does not state one set of limits. The insurance summary in Chapter 10, on page 48 of the PDF, lists commercial general liability at $2,000,000 per occurrence and $6,000,000 aggregate, or $5,000,000 per occurrence and $10,000,000 aggregate for overpasses, underpasses or tunnels. It lists railroad protective liability at the same $2,000,000 and $6,000,000, with the same $5,000,000 and $10,000,000 for overpasses, underpasses or tunnels, business auto at $1,000,000 and employer's liability at $500,000, with workers' compensation at statutory limits. That summary says the railroad protective policy names only the Railway as the insured and that a licensee may participate, if available, in BNSF's blanket policy instead.

The sample Exhibit C-1 at pages 138 to 145 of the same PDF states $5,000,000 and $10,000,000 for both general liability and railroad protective liability, with no carve-out by structure type. We cite both passages as BNSF published them and do not try to reconcile them. Before quoting, ask BNSF which limits will appear in the agreement for the specific project, and size the general liability, any excess layers and the railroad protective policy to that document.

Every worker on BNSF property needs the BNSF contractor orientation, found at bnsfcontractor.com. The manual says it must be completed annually at the contractor's cost and that training for another railroad cannot replace it. BNSF also requires eRailSafe background screening and a badge, and the manual states that this qualification is good for two years. The manual calls for an ANSI Class 2 orange vest rather than a yellow one. It places work within 25 feet of a track under Roadway Worker Protection rules.

A flagger is required for work within 25 feet of the track centerline, and beyond 25 feet where a crane could foul the track. The Exhibit C template asks for 30 calendar days' notice to the Roadmaster to arrange flagging and 5 working days' notice to cancel. BNSF's own planning estimates differ by passage: the Exhibit C template gives approximately $1,200 to $2,000 for an eight-hour basic day, and the flagging section of the manual body gives approximately $2,000 per basic eight-hour day, with overtime rates and a minimum bill of one eight-hour day. In the template the Agency pays for flagging, while an inspector coordinator at approximately $1,200 per day is borne by the contractor. The rate in effect when the work is performed governs, so budget from the agreement rather than the estimate.

BNSF's Pipeline / Wire Line Process Instructions and Application (Rev. 10/20/2025), issued through JLL Permit Services, sets insurance by the type of facility. For a pipeline, overhead pipe truss or conveyor, it lists general liability with contractual liability at $5,000,000 per occurrence and $10,000,000 aggregate and railroad protective liability at $5,000,000 and $10,000,000. For an electric supply, communication or telephone line, it lists general liability at $2,000,000 and $4,000,000 and railroad protective liability at $2,000,000 and $6,000,000, except New Mexico at $5,000,000 and $10,000,000. Both columns list auto at $1,000,000 and employer's liability at $500,000 per limit. Pipeline work adds pollution legal liability, if necessary, at $5,000,000 per occurrence; the aggregate figure on the form contains a typo, so confirm it with JLL. The form states that the limits are subject to change without notice.

The form charges a $2,000 non-refundable application fee, which it says is not in lieu of a license fee or permit agreement fee, and each change to an application adds another $2,000. BNSF offers rush processing as its own option for an additional $7,000, not available for longitudinal installations. The form gives an average process of about eight weeks and asks for at least 10 business days' notice to the Scheduling Agent for flagging and observation. A broker has no role in permit timing and cannot speed BNSF's review.

BNSF's Utility Accommodation Policy (Engineering Services, January 2026) does not print fixed insurance limits. It says the utility may be required to obtain insurance coverage as determined by BNSF, requires the insurer to give BNSF 10 days' notice of cancellation or change and says subcontractors must carry a liability policy unless the Utility Owner's insurance extends to them. Applications and fees go through bnsf.railpermitting.com, the policy estimates processing at 30 to 60 days or longer and it states that verbal authorizations will not be granted.

The policy sets minimum depths that shape how a crossing is engineered and priced. A jack-and-bore crossing must sit at least 6 feet below the ditch flowline and 8 feet 3 inches below the base of rail. A horizontal directional drilling crossing must sit at least 6 feet below the ditch and 12 feet below the base of rail. Boring pits must be at least 30 feet from the track centerline, and overhead poles at least 50 feet from the centerline of the main track. A BNSF Construction Inspector is required on every utility installation at the Utility Owner's cost, flagging is also at the owner's cost and both need a written request at least two weeks ahead.

Because a frac-out or inadvertent return under a rail line can raise pollution questions that a general liability form may exclude, drillers often look at contractors pollution liability alongside the railroad terms, whether or not the permit names it.