Property

All entities and individuals proposing to enter RCTC property, shall obtain, and shall require any consultant or contractor working on its behalf, to obtain insurance of the types and amounts described below.  Applicant must provide original executed Certificates of Insurance that clearly evidence all insurance required and provide that such insurance shall not be canceled, allowed to expire, or be materially reduced in coverage, except on 30 days’ prior written notice to RCTC.  RCTC shall have the sole discretion to determine whether the certificates and endorsements presented comply with the applicable provisions.

If the project involves railroad right of way, the following insurance requirements apply:
Commercial General Liability Insurance – $2,000,000 per occurrence/$10,000,000 in aggregate; the policy shall include RCTC and its officials, officers, employees, agents and consultants as insureds and shall contain no special limitations on the scope of coverage or the protection afforded to these insureds.  It will be primary with respect to any insurance or self-insurance programs covering RCTC, its officials, officers, employees, agents and consultants.  The insurance will also contain standard separation of insured provisions.

Railroad Protective Liability – $2,000,000 single limit/$6,000,000 aggregate (if applicable).  Most general liability insurance excludes railroads.  In some situations, RCTC has agreed to require Railroad Protective Liability Insurance on behalf of rail lines with operating rights on RCTC’s owned lines.  The determination of whether this insurance is required for a particular right of entry or license will be made on a case by case basis based, in part, on any potential contractual commitment RCTC has made to a rail line to require such insurance.  RCTC reserves the right to require the immediate procurement of adequate Railroad Protective Liability insurance by the applicant in the event it is required by a rail freight carrier and RCTC consents to the rail carrier’s requirement, even if the requirement is actually imposed during the term of the license or Right of Entry Agreement, after the agreement has been executed.

Pollution Liability – If construction involves any hazardous materials, a $1,000,000 single limit/$2,000,000 in aggregate policy is required. 

Worker’s Compensation Insurance – Within statutory limits and not less than $1,000,000 per incident.

The certificates shall evidence the insurer’s knowledge of the proximity of applicant’s operation to active rail tracks.  Insurers must have an A.M. Best Company rating of no less than A: VIII and be licensed to do business in California.

If the project does not involve railroad right of way, the following insurance requirements apply.

Commercial General Liability Insurance – $2,000,000 per occurrence/$5,000,000 in aggregate; the policy shall include RCTC and its officials, officers, employees, agents and consultants as insureds and shall contain no special limitations on the scope of coverage or the protection afforded to these insureds.  It will be primary with respect to any insurance or self-insurance programs covering RCTC, its officials, officers, employees, agents and consultants.  The insurance will also contain standard separation of insured provisions.

Pollution Liability – If construction involves any hazardous materials, a $1,000,000 per occurrence/$2,000,000 in aggregate.

Worker’s Compensation Insurance – Within statutory limits and employers’ liability insurance with limits of not less than one million dollars ($1,000,000) each accident.

Insurers must have an A.M. Best Company ratings of no less than A:VIII and licensed to do business in California.

1. Can a preliminary set of plans be submitted for RCTC review and response prior to the plans being finalized?
A preliminary set of plans may be submitted for RCTC review and response. However, the applicant will be charged engineering time for each review and a review of all final plans is required. No preliminary or final review will begin until the $6,000 License or $1,000 ROE fee is submitted.

2. What constitutes final plans?
One set of final plans must be “wet stamped” and approved by the jurisdictional agency (Caltrans, County, City, etc.)

3. Does RCTC grant easements or permits?
No. RCTC grants Licenses and Rights of Entry, but not easements or permits.

4. Can we enter the property with verbal approval if the use is very short term?
No. All entities and individuals entering RCTC property MUST have prior written agreement in the form of a Right of Entry or License.

5. How is a public agency defined?
Public agencies are those organized under Local, State or Federal law. Public utilities are not considered to be public agencies.

6. Does RCTC allow billboards on its property?
In July 1997, the Commission adopted the policy of not allowing new billboards on RCTC property. Existing billboards have been allowed to remain at current fair market value prices.

7. Can I submit one application for a line or facility that is part of one project but crosses RCTC property multiple times?
A separate Supplemental Application and set of plans must be completed for each use of RCTC property. One General Information Form may be completed with multiple Supplemental Applications attached.

8. How do I get BNSF licensed?
The BNSF licensing course information can be found at contractororientation.com.

9. Do I need to apply again if my Right of Entry expires?
If you require a time extension on your Right of Entry, and if the terms (type of use and area required) are the same, you may request an extension in writing. You must obtain RCTC approval in writing