Procedure for Obtaining a Right of Entry Agreement for Temporary Installations or for Access to the Right of Way
Right of Entry Agreements will allow a third party onto Caltrain property for a short period of time to perform tasks such as painting the back of a building. It will also allow temporary installations onto Caltrain property such as shoring or a construction office/trailer. The following is a listing of the typical procedures for executing a Right of Entry Agreement:
Download the Service Agreement Application:
Review the application thoroughly, and fill in the requested information. Then either e-mail a PDF file of the completed application and attachments or fax the completed application to the email contact address or fax number shown on the Public Third-party Projects home page.
Upon receipt of the completed application, Caltrain will generate a rough estimate of the cost to support the project. After the estimate is complete, Caltrain will complete a Service Agreement which provides for reimbursement of all costs associated with the project, including obtaining the Right of Entry Agreement. Then Caltrain will either e-mail a PDF file or mail two copies (one original for each party) of the agreement to the Applicant for signature. This step typically takes 5 business days.
Sign both copies of the Service Agreement, enclose the check for the estimated reimbursable costs and the applicable permit application fee, and mail both copies to the address shown on the Public Third-party Projects home page.
Upon receipt of the Applicant’s signed Service Agreement and the check for the fee and estimated reimbursable costs Caltrain will sign both copies of the agreement and return a fully executed copy to the Applicant for their records. This step typically takes up to 10 business days.
Caltrain will prepare a Right of Entry Agreement and will either e-mail a PDF file or mail two copies of the agreement to the Applicant. This step typically takes anywhere from 10 to 20 business days, depending on the complexity of the work.
Sign both copies of the Right of Entry Agreement and return both copies with the required insurance certificates to Caltrain.
Upon receipt of the Applicant’s signed Right of Entry Agreement, Caltrain will sign both copies of the Agreement and return a fully executed copy to the Applicant for their records. This step typically takes approximately 10 business days.
The Contractor shall prepare and submit a work plan and site specific work plan (SSWP). These documents and requirements are described in the Operating System Interface document (155KB, PDF). Fill in the requested information, attach the work plan and design plans for the proposed work, and mail the package to the address shown on the Public Third-party Projects home page. The SSWP Application covers one week of work and the first SSWP Application must be submitted a minimum of 6 weeks prior to the proposed date that the work is anticipated to begin. Each additional week that work is proposed requires a separate SSWP Application that must be submitted a minimum of 3 weeks prior to the proposed date that the work is anticipated to occur.
Upon receipt of the Applicant's SSWP Application, Caltrain will review the SSWP, and if needed, will request revisions until the SSWP is determined to be acceptable. This step typically takes approximately 5 to 10 business days depending on the complexity of the work.
Caltrain holds a weekly SSWP Coordination Meeting to review and schedule the railroad flagman and other resources necessary to provide protection for the proposed work within the right of way. Caltrain will inform the Applicant of the date their proposed SSWP will be reviewed, and after the SSWP Coordination Meeting inform the Applicant if their SSWP has been approved. Typically the proposed SSWP is reviewed at the Coordination Meeting three weeks after its submittal to Caltrain staff. If the proposed SSWP is found to be incomplete, it can take up to three additional weeks to gain approval.
Once the SSWP has been approved, Caltrain will issue a SSWP approval document and send it to the Applicant indicating when the work can commence. This permit will include the conditions of approval.
Click on the following link to read/download the Owner’s and Contractor’s Pre-Construction Checklist (85KB, PDF). Review the checklist to insure all of the conditions listed have been satisfied. A copy of the SSWP approval document must be at the job site when the work is being performed.
Steps 9 through 12 above are then repeated for each additional week SSWP that the Applicant requests.
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