# Union Pacific Right-of-Entry and Contractor Insurance Requirements URL: https://mycontractorsinsurancequote.com/project-specific-liability-insurance/railroad-protective-liability/union-pacific Updated: 2026-10-29 · Reviewed by the Principal, Gleason Insurance Brokers, LLC Publisher: My Contractors Insurance Quote, a website of Gleason Insurance Brokers, LLC Before a contractor works on Union Pacific property under a right of entry, UP's Contractor Endorsement calls for railroad protective liability on ISO CG 00 35 with the Railroad as named insured at $2,000,000 per occurrence and $6,000,000 aggregate, plus general liability and auto at $5,000,000 with railroad endorsements and employer's liability at $500,000. The same document sets notice periods and safety rules, but UP's insurance page says limits are based on the activity and risk of each project, so the exhibit attached to the actual agreement is the one to follow. ## Key Decision Points - Exhibit A of UP's Contractor Endorsement asks for general liability of $5,000,000 each occurrence and $10,000,000 aggregate, with CG 24 17 removing the railroad exclusion. - Railroad protective liability is written on CG 00 35 with the Railroad as named insured at $2,000,000 per occurrence and $6,000,000 aggregate. - UP asks for 10 working days' notice before work starts and 30 working days before work within 25 feet of track. - UP lists a $1,545 application fee, a $500 contractor administrative fee and a processing time it currently puts at 30-45 days. - On federal-aid projects, the $2 million and $6 million figures in 23 CFR 646.111 cap federal reimbursement; they are not a required minimum. ## What Union Pacific Asks for Before Entry Union Pacific handles short-term access to its property through its temporary use, or right-of-entry, process. Its procedures page lists a non-refundable application fee of $1,545 that must accompany the completed application, with a separate licensee fee set after UP evaluates the request and an additional charge for rush handling, whose amount the page does not state. A contractor working under the license pays a $500 administrative fee and provides a general liability certificate along with the Contractor's Endorsement form. UP states that the normal turnaround for processing applications is now running between 30 and 45 days. That is the railroad's own estimate as of October 26, 2026. It is not a commitment, and nothing a broker does changes it. The same landing page warns that the right-of-entry process is not for road or bridge work and points those projects to a separate road crossing maintenance path. The procedures page also requires railroad protective liability, purchased by the licensee or its contractor. Who buys it on a given job is a point to settle in the contract before the application goes in. The general purpose of the policy is explained on our hub page for [railroad protective liability insurance](https://mycontractorsinsurancequote.com/project-specific-liability-insurance/railroad-protective-liability). ## Union Pacific Limits: General Liability, Auto and Employer's Liability Exhibit A to the Contractor Endorsement sets the contractor's own insurance. The terms below are as read from the endorsement PDF UP posts on its real estate site, which is discussed further in the last section of this page. Exhibit A names its endorsements by ISO number and edition, so the certificate and the policy schedules should show CG 24 17 10 01, Contractual Liability – Railroads, and CA 20 70 10 01 with the designated job site wording, not a general statement that railroad work is included. The CG 25 03 requirement means the aggregate should apply separately to the UP project rather than being shared with every other job the contractor has that year. - Commercial general liability: $5,000,000 each occurrence and $10,000,000 aggregate on ISO CG 00 01 12 04, with CG 24 17 10 01 (Contractual Liability – Railroads) and CG 25 03 (03/97) (Designated Construction Project General Aggregate Limit). - Business automobile: a combined single limit of $5,000,000 for each accident covering any auto, owned, hired and non-owned, on ISO CA 00 01 10 01, with CA 20 70 10 01 naming "Union Pacific Property" as the designated job site and an MCS-90 endorsement if required by law. - Workers' compensation with employer's liability limits of $500,000 each accident, $500,000 disease policy limit and $500,000 each employee. - Insurers rated A- and Class VII or better in Best's Insurance Guide. How CG 25 03 works on an annual policy is explained on our page about [per-project aggregate endorsements](https://mycontractorsinsurancequote.com/project-specific-liability-insurance/per-project-aggregate). ### Illustrative scenario: Duct Bank Beside a Union Pacific Line Harlow Ridge Conduit, a utility contractor, is hired by a developer to place a duct bank and stage equipment on a strip of Union Pacific property next to an active line. The developer holds the right of entry. Harlow's existing general liability carries CG 25 03 but not CG 24 17, its auto policy lacks CA 20 70 and its umbrella was written with an exclusion the primary does not have, so it does not follow form. Before mobilizing, Harlow adds both endorsements, moves to a follow-form excess layer, buys railroad protective liability on CG 00 35 naming the Railroad and referencing the agreement, and enrolls its crew in UP-PAT. Because part of the trenching falls within 25 feet of track, it gives the 30-working-day notice and books an approved flagging vendor. The details are hypothetical, and a real program depends on the railroad's agreement, the carriers and the firm's own risk. ## Railroad Protective Liability on CG 00 35 The endorsement calls for railroad protective liability on ISO CG 00 35 12 04, with the Railroad as named insured and limits of not less than $2,000,000 per occurrence and $6,000,000 aggregate. The job location and description of work on the declarations must refer to the right-of-entry agreement. Unlike the contractor's own policies, this one belongs to the railroad, and its declarations tie it to the single agreement. UP's insurance requirements page says license holders carry general liability, business auto, workers' compensation and railroad protective liability, with railroad protective needed only during construction or maintenance. UP also offers its own railroad protective insurance program through Marsh for projects under $10 million that do not exceed 12 months. The program page does not publish limits or premiums, so a contractor comparing it with a separately placed policy has to get the program's cost and terms from Marsh or UP. Availability of a separate policy can vary by carrier guidelines and programs and is subject to underwriting. How a contractor's own program sits beside the railroad's policy on a single job is discussed on our page on [project-specific liability insurance](https://mycontractorsinsurancequote.com/project-specific-liability-insurance). ## Pollution, Umbrella, Additional Insured and Waiver Terms Several Exhibit A terms decide whether a certificate is accepted on the first try. They are drafting details on the endorsements rather than limit amounts. They are also where certificates commonly fall short. - Pollution liability when the work involves hazardous materials: coverage equivalent to ISO CG 24 15 or CG 28 31, with limits of at least $5,000,000 per occurrence and $10,000,000 aggregate. If materials go to a disposal site, UP may ask for evidence of the site operator's pollution legal liability at $1,000,000 per loss and $2,000,000 annual aggregate. - Umbrella or excess: required only if the contractor uses one to meet the limits, and then it must follow form and afford no less coverage than the primary policy. Exhibit A states no separate umbrella limit. - Additional insured: every policy except auto, workers' compensation and employer's liability names the Railroad as additional insured on ISO CG 20 10 and CG 20 37, and that coverage is not to be limited by the contractor's indemnity obligations. - Punitive damages: any exclusion for punitive damages is to be deleted, with the exceptions the endorsement lists. - Waiver of subrogation: stated on the certificate. - Subcontractors: name the contractor as additional insured on CG 20 10 and CG 20 37 and carry CG 24 17 10 01 and CA 20 70 10 01. Contractors who handle soil or materials that could trigger the hazardous-materials clause can compare options on our page on [pollution liability for underground utility work](https://mycontractorsinsurancequote.com/contractors-pollution-liability-insurance/underground-utilities). ## Notice Periods, Flagging and UP-PAT Training The Contractor Endorsement requires notice to the Railroad 10 working days before work starts and 30 working days before any work within 25 feet of track. No work may take place within 25 feet of track until a Railroad-approved flagman is provided to watch for trains. Private flagging can be allowed through an approved contractor-in-charge, and UP's third-party flagging policy makes it the outside party's responsibility to use a qualified vendor that UP has approved. The endorsement also explains how UP bills for its own flaggers; confirm current charges with UP for the agreement. Section 15 of the endorsement requires compliance with Exhibit B (Minimum Safety Requirements) and requires the contractor to give Exhibit B to each employee before entering the site. UP Property Access Training, called UP-PAT, provides safety and security training for licensees and their contractors and requires an executed license or right of entry. UP lists a one-time $25 company setup fee and $7 per person, with each certificate good for 2 years. UP-PAT is not the path for contractors hired by UP itself, which register through eRailSafe. Crews that set up rigs near track can plan these steps alongside the coverage outlined on our page for [directional drilling contractors](https://mycontractorsinsurancequote.com/who-we-serve/civil-underground-utilities/directional-drilling-contractors). ## Federal-Aid Projects and 23 CFR 646 Highway projects that use federal-aid funds follow 23 CFR part 646, subpart A. Section 646.107 says that on federal-aid crossing projects and other highway projects within railroad right-of-way, railroad protective liability insurance shall be purchased on behalf of the railroad by the contractor, and that the standards in sections 646.109 through 646.111 apply insofar as the insurance laws of the state permit. Section 646.109 limits the coverage to damage the railroad suffers from occurrences arising out of the contractor's work on or about the right-of-way. Section 646.111 is easy to misread. It limits the amount of railroad protective coverage that federal funds will reimburse to a combined $2 million per occurrence with a $6 million aggregate for each annual period. Those figures are a reimbursement cap, not a required minimum limit. Where there is a real and demonstrable danger of appreciably higher risks, higher amounts can be written for the individual project, upon approval of the FHWA. The federal cap happens to match the railroad protective limits in UP's Exhibit A, but the two come from different documents and either can change. On these jobs the railroad insurance terms usually reach the contractor through the agency's special provisions, and UP's right-of-entry page directs road and bridge work elsewhere. The agency's contract and the railroad's agreement for that project control. DOT contract terms that carry railroad insurance language are summarized with other [public agency contractor requirements](https://mycontractorsinsurancequote.com/construction-surety-bonds/public-agency-contractor-requirements). ## Confirming the Current Exhibit for Each Agreement The Contractor Endorsement PDF that UP posts carries no printed form number or revision date. The only date found was a file creation date of May 4, 2020, in the PDF's metadata. UP's insurance requirements page, by contrast, says the required coverage will be based on the activity and risk involved with the specific project. Read together, the posted endorsement is a reliable picture of what UP has asked for, but the exhibit attached to the actual right-of-entry agreement is what the certificate has to match. Confirm the current exhibit with UP for each agreement, and send the carrier the exhibit itself rather than a summary. A broker can place coverage that answers the exhibit and check the endorsement forms against it. A broker cannot obtain the agreement, waive a requirement or shorten UP's processing time. ## Before You Ask for a Quote ### What to Gather - The executed right-of-entry agreement and the Exhibit A attached to it - A work description and job location that match the agreement wording - Current general liability, auto, umbrella and workers' compensation policies with endorsement schedules - Whether any work falls within 25 feet of track and the planned start date - Whether the work involves hazardous materials or off-site disposal - Subcontractor list and their certificates ### What to Ask the Insurer or Surety - Who buys railroad protective liability on this job, the licensee or the contractor? - Does our general liability carry CG 24 17 and CG 25 03 for this project? - Does the umbrella follow form over every primary policy? - Is the punitive damages exclusion deleted where the exhibit asks? - Is UP's Marsh program available for this project, and at what cost? - On a federal-aid job, does the agency need FHWA approval for limits above 23 CFR 646.111? ## Broker Notes **Quick Answer:** UP's Contractor Endorsement asks for railroad protective liability on CG 00 35 at $2,000,000 per occurrence and $6,000,000 aggregate, general liability and auto at $5,000,000 with CG 24 17 and CA 20 70, and employer's liability at $500,000, though UP says limits are set per project. **Common Mistake:** Sending a standard certificate. UP's exhibit names CG 24 17, CA 20 70, CG 20 10 and CG 20 37 by number, and a certificate that does not show them can be sent back before entry. **Broker Perspective:** A broker matches each certificate line to the exhibit attached to the actual agreement, checks that excess layers follow form and confirms who buys the railroad protective policy before entry. **Coverage Impact:** Gaps in railroad endorsements can leave contract liability to the railroad outside the contractor's policy and delay entry until the certificate is corrected. ## Questions Buyers Ask ### Does Union Pacific require an umbrella policy for a right of entry? The Contractor Endorsement does not state an umbrella limit. If a contractor uses umbrella or excess coverage to meet the required limits, those policies must follow form and afford no less coverage than the primary policy. ### How long does Union Pacific take to process a right-of-entry application? UP's procedures page says the normal turnaround is now running between 30 and 45 days. That is UP's own estimate and can change. The notice periods in the Contractor Endorsement, 10 working days before starting and 30 before work within 25 feet of track, run in addition. ### What does UP-PAT training cost and how long is it valid? UP lists a one-time $25 company setup fee and $7 per person, and the certificate is good for 2 years. It is for licensees and their contractors working under an executed license or right of entry, not for contractors hired by UP. ### Do the $2 million and $6 million figures in 23 CFR 646.111 set minimum railroad protective limits? No. Section 646.111 limits the railroad protective coverage that federal funds reimburse on federal-aid projects to $2 million per occurrence and $6 million aggregate per annual period. Higher amounts can be written for an individual project with FHWA approval when higher risk is shown. ### Can a contractor buy railroad protective liability through Union Pacific? UP offers a railroad protective insurance program through Marsh for projects under $10 million that do not exceed 12 months. UP's program page does not publish limits or premiums, so the cost and terms come from Marsh or UP. ## Official Sources 1. [Union Pacific Contractor Endorsement, General Terms and Provisions, with Exhibit A (insurance) and Exhibit B (minimum safety)](https://www.up.com/content/dam/upcom/real-estate/documents/re_cont_endorsement.pdf), Union Pacific Railroad (Real Estate). Exhibit A limits and forms (CG 00 01, CG 24 17, CG 25 03, CA 00 01, CA 20 70, employer's liability, CG 00 35, pollution, follow-form umbrella, CG 20 10 and CG 20 37, punitive damages, waiver of subrogation, A- VII, subcontractors); notice periods and 25-foot flagging rule; Exhibit B; no printed form number, PDF metadata creation date 2020-05-04. Verified 2026-10-26. 2. [Union Pacific Temporary Use of Railroad Property: Procedures](https://www.up.com/real-estate/tempuse/procedures), Union Pacific Railroad. $1,545 non-refundable application fee; separate licensee fee; rush fee; $500 contractor administrative fee with Contractor's Endorsement; 30-45 day processing estimate; railroad protective liability required. Verified 2026-10-26. 3. [Union Pacific Right of Entry / Temporary Use](https://www.up.com/real-estate/tempuse), Union Pacific Railroad. Right-of-entry process is not for road or bridge work. Verified 2026-10-26. 4. [Union Pacific Insurance Requirements](https://www.up.com/real-estate/rrinsurance), Union Pacific Railroad. License holders carry general liability, auto, workers' compensation and railroad protective liability (during construction or maintenance); coverage based on the activity and risk of the specific project. Verified 2026-10-26. 5. [Union Pacific Railroad Protective Liability Insurance](https://www.up.com/real-estate/rrinsurance/liability-insurance), Union Pacific Railroad. UP program through Marsh for projects under $10 million not exceeding 12 months; no limits or premiums published. Verified 2026-10-26. 6. [Union Pacific Third-Party Flagging Policy](https://www.up.com/real-estate/third-party-flagging), Union Pacific Railroad. Outside party must use a qualified flagging vendor approved by UP. Verified 2026-10-26. 7. [Union Pacific Property Access Training (UP-PAT)](https://www.up.com/communities/rail-safety/erailsafe/up-pat), Union Pacific Railroad. Training for licensees and their contractors, not contractors hired by UP; $25 setup fee, $7 per person, valid 2 years; requires executed license or right of entry. Verified 2026-10-26. 8. [23 CFR 646.107, 646.109 and 646.111 (railroad protective insurance on federal-aid projects), 2025 annual edition](https://www.govinfo.gov/content/pkg/CFR-2025-title23-vol1/xml/CFR-2025-title23-vol1-part646.xml), U.S. Government Publishing Office (govinfo). Contractor purchases railroad protective insurance on behalf of the railroad on federal-aid projects within railroad right-of-way; scope of coverage; federal reimbursement limited to $2 million per occurrence and $6 million aggregate per annual period, higher amounts upon FHWA approval. Verified 2026-10-26. ## Related Decisions - [railroad protective liability insurance](https://mycontractorsinsurancequote.com/project-specific-liability-insurance/railroad-protective-liability) - [project-specific liability insurance](https://mycontractorsinsurancequote.com/project-specific-liability-insurance) - [directional drilling contractor insurance](https://mycontractorsinsurancequote.com/who-we-serve/civil-underground-utilities/directional-drilling-contractors) - [public agency contract insurance and bond terms](https://mycontractorsinsurancequote.com/construction-surety-bonds/public-agency-contractor-requirements) - [project excess liability](https://mycontractorsinsurancequote.com/project-specific-liability-insurance/project-excess-liability) --- Start a quote request: https://mycontractorsinsurancequote.com/get-a-quote · Call 844-978-7283 Contract and insurance reviews are a courtesy service that may be available at times, depending on our workload and on the size, timing and complexity of the project. A review is not guaranteed and is limited to insurance considerations. It is not legal advice and is not a substitute for advice from your own legal counsel, which you may need before signing a contract or obtaining coverage. Insurance and surety services are provided through Gleason Insurance Brokers, LLC. Site information is educational and does not constitute legal advice, a binder, an offer of coverage, a guarantee of eligibility or confirmation of policy terms. Insurance conditions are governed by actual issued policies; surety rights and obligations are governed by bond and indemnity documents.