Frequently Asked Questions

The following Q&A provides a significant portion of the information needed to work on the JPB right-of-way. After reviewing this and the other pages of the Third Party website, please contact Third Party staff with any additional questions. Third Party contact information can be found at the bottom of the home page.

Q. When do I need a JPB Property Access Agreement?
A: Whenever you enter property owned or controlled by the Peninsula Corridor Joint Powers Board (JPB).

Q. How long does it take for the total process, from the first contact with the JPB to getting access onto railroad property?
A: The total process can take a minimum of two months or longer. Factors beyond JPB control are how long it takes the Applicant to provide funding (after receiving an estimate) and legal review of agreements.

Q. What type of agreements will be required to obtain the appropriate Property Access Agreement?
A. The following is required for all Property Access Agreements: License Agreement (LA); this agreement provides limited property rights semi-permanent installations to a third party, contains a 30-day termination clause, and is normally executed by the JPB with the Third Party owner.
Right of Entry Agreement; this agreement permits a Third Party temporary use and access to Caltrain property for construction purposes and is normally executed with the contractor performing the construction.
Construction and Maintenance Agreement; this agreement is normally reserved for large projects ( i.e. grade separation projects, bridge structures, etc.) and is normally executed with the Third Party owner.

Q. How much time is required to prepare an agreement?
A. In general, an agreement can be prepared within approximately 4 weeks after project plans and specifications have been approved by JPB staff.

Q. What are the costs to obtain a Property Access Agreement?
A. Current JPB policy mandates that all Third Party Projects are re-collectable from the owner/contractor. Therefore, the Permit Application Fee and a Service Agreement must be executed and the permit fee and estimated expenses deposited with the JPB at the inception of a project. Below are the standard rates for determining the permit costs for the permit application and for the various types of agreements.

Permit Cost Table:

Q. What types of projects are considered to be "low hazard"?
A. The JPB considers leases, station usage, projects with no special hazards, and wire and pipeline utility projects as "low hazard projects".

Q. What are the JPB insurance requirements for low hazard projects?
A. The JPB requires $2 million per occurrence and $5 million aggregate General Liability insurance coverage for low hazard projects. Railroad Protective Liability Insurance requirements are $2 million per occurrence and $6 million aggregate for low hazard projects and may be obtained through the JPB insurance carrier.

The following sample insurance language is normally required for “low risk” project (ones that do not pose any risk of construction equipment entering the safety envelope for train operations or that could undermine or otherwise interfere with train operations or affect the tracks or trackways). Work that involves drilling or other engineering decisions may require professional liability insurance coverage and work involving the handling of hazardous materials may require special coverage relating to that work. (Example language for such coverages are included in this sample, but not indicated as being required.) In addition, permits for member agencies of the JPB (the City and County of San Francisco, the Santa Clara Valley Transportation Authority and the San Mateo County Transit District) will have different wording to reflect the legal relationship with those agencies. The JPB reserves the right, in its sole discretion, to require whatever insurance coverage or language it deems appropriate for a particular project. An example Insurance document can be found HERE (PDF,29KB).

Q. What types of projects are considered to be "high hazard"?
A. The JPB considers projects with track work, tunneling or other projects which have the potential to collapse onto tracks, grade separations, projects with derailment potential, and projects determined to have significant hazards by JPB Engineering as "high hazard projects".

Q. What are the JPB insurance requirements for high hazard projects?
A. The JPB requires $10 million per occurrence and $10 million aggregate General Liability insurance coverage for high hazard projects. Railroad Protective Liability Insurance requirements are $10 million per occurrence and $10 million aggregate for high hazard projects and may be obtained through the JPB insurance carrier.

Q. I have General Liability Insurance. Why is Railroad Protective Liability Insurance needed?
A. Construction work along the JPB's right-of-way represents an increased hazard to the JPB. Not only would the JPB like to avoid increased hazards affecting operations, but we also do not want to assume the accompanying financial risk. Because of the increased hazard and benefit accruing to the permit Applicant, the encroachment permit requires that the permit Applicant assume the JPB's liability for the project. This assumption of liability needs to be backed up by insurance. However, the standard Commercial General Liability policy excludes liability assumed under contract involving construction or demolition work within 50 feet of a railroad track. Thus, the permit Applicant's own liability is covered under its Commercial General Liability policy; but the liability of the JPB, which the permit Applicant assumes when obtaining the encroachment permit, is not covered.

Railroad Protective Liability Insurance was designed to fill this gap in coverage. It benefits the JPB by providing first dollar liability coverage, thus protecting the JPB's self-insured retention, and by immediately paying a claim on the JPB's behalf. Thus, by freeing the JPB of liability, it benefits contractors and private third parties so their construction work can be done.

Railroad Protective Liability Insurance may be obtained either by the Applicant through the JPB's insurance carrier or through their own insurance carrier.

Q. What is covered by a Railroad Protective Liability Insurance policy?
A: Two coverages are included in the policy: A) bodily injury and property damage, and B) physical damage to JPB property. Both coverage's apply only within 50 feet of the tracks at the Applicant's work site on the JPB's right of way. Bodily injury liability covers the JPB for claims for physical injury to any person, including an employee of the permit applicant. Property damage liability coverage applies to any property damaged or destroyed as a result of the work. Physical damage to JPB property coverage applies to property owned or leased by the JPB which is damaged during the work.

The JPB has developed two Railroad Protective Liability Insurance Programs: the Wire and Pipeline Policy and the Blanket Policy for major projects. Projects that are considered low hazard and that have a cost of work within 50 feet of the tracks of $250,000 or less, qualify for the Wire and Pipeline Policy. Any project with a cost of work within 50 feet of the tracks of greater than $250,000 or any project considered to be high hazard must go on the major project Blanket Policy and be individually quoted.

Q. Who is covered by a Railroad Protective Liability Insurance policy?
A. The JPB's policies name the JPB, each of its member agencies (SF, SamTrans and VTA), Amtrak and Union Pacific as named insureds. Also, any other railroad on the tracks is covered. The permit Applicant is not covered under the policy.

Q. What other coverages are provided by the Railroad Protective Liability Insurance policy?
A. The policy covers pollution (limited to fuels and lubricants) and Federal Employers Liability Act (FELA). Railroad workers are not subject to Workers Compensation. If they are injured on the job, they have the right to sue the JPB under FELA.

Q. Does the JPB allow self-insurance or endorsements to the Commercial General Liability policy in lieu of obtaining Railroad Protective Liability Insurance?
A. No, all permit Applicants are required to obtain Railroad Protective Liability Insurance policy coverage, either through the JPB's insurance carrier or through their own insurance carrier.

Q. Where can I find the rules and regulations for working on Caltrain property?
A. The agreements outline the basic safety requirements, rules and regulations. You can also check the "Rules/Regulations for Working on Caltrain Property" area page on this website for additional information. All parties, regardless of what form of agreement covers the work to be performed, are required by the Federal Railroad Administration to take a Roadway Worker Protection (RWP) safety class.

Q. I am interested in determining the plan check, inspection and flagging costs. How can I determine these costs?
A. The costs are estimated based upon the expected length of time it takes to do the work and are required to be paid in advance. Use the Permit Cost Table shown above as a rough guide to estimate the costs.

Q. Where can I find the procedures for obtaining a Property Access Agreement?
A. Go back to the Third Party Projects Home Area, and click on the button for either "Procedure for Obtaining Work Permit for Semi-Permanent Installations" or "Procedure for Obtaining Work Permit for Temporary Installations or for Access to the Right of Way", whichever is applicable to your project, and review the steps necessary to obtain the permit.

Q. Can I work on the JPB right of way anytime? What is a work window?
A. No, you may not work anytime on the right-of-way. The approved Site Specific Work Plan (SSWP) will state the dates and times you may work, and these dates and times are called "Work Windows".

Q. What is a “Site Specific Work Plan”?
A. The Site Specific Work Plan explains the type of work proposed, including the types of tools/equipment and process needed to perform the work. Greater detail on the SSWP can be found in the Operational System Interface document (PDF, 63KB).

Q. Will Underground Service Alert (USA) identify all utilities within the JPB right-of-way when they are notified to mark subsurface utilities for a Third Party project?
A. No, USA will not mark out the railroad signal subsurface utilities. The permit Applicant must also notify the JPB in advance of when the railroad signal utilities need to be marked in the field. The Third Party group will then schedule an Amtrak Signal Maintainer to identify and mark the railroad signal subsurface utilities at the project site.