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Metrolink (SCRRA)

Metrolink Right-of-Entry Insurance, Fee and Safety Requirements

Before a contractor works on Metrolink right-of-way, the Southern California Regional Rail Authority's Form 6 Temporary Right-of-Entry Agreement, updated January 30, 2024, calls for railroad protective liability in SCRRA's name at $2 million per occurrence with a $6 million annual aggregate, plus $2,000,000 general liability with the CG 24 17 railroad endorsement, $1,000,000 auto and employer's liability and $1,000,000/$2,000,000 contractor's pollution liability. SCRRA's fee schedule effective August 1, 2026, adds charges for applications, training, flagging and inspection, while Form 37 sets bonds and setbacks for bore and jack work. Limits and fees are as posted, so confirm the current exhibit and schedule with SCRRA for each agreement.

Railroad track renewal beside a mainline, with new concrete ties and rail, a track machine, signal masts and an excavator in the right-of-way

Key Decision Points

  1. Form 6 (updated January 30, 2024) asks for railroad protective liability in SCRRA's name at $2 million per occurrence and $6 million annual aggregate, or $3 million and $9 million on the London claims-made form.
  2. General liability is $2,000,000 per occurrence on CG 00 01 with CG 24 17, Contractual Liability – Railroads, and an aggregate that applies per project or equals twice the occurrence limit.
  3. SCRRA's July 2025 FAQ says self-insurance or a CGL endorsement is not accepted in place of railroad protective liability; exceptions go through Metrolink's Legal Department.
  4. The fee schedule effective August 1, 2026, lists a $4,125.04 standard application fee, flagging at $2,185.45 per day and training at $218.55 per person.
  5. Form 37 (January 2017) sets performance bonds from $120,000 for a 36-inch casing to $240,000 for a 72-inch casing and keeps bore pits off the right-of-way or 25 feet from the nearest track centerline.

How a Metrolink Right of Entry Starts

The Southern California Regional Rail Authority, which operates Metrolink, handles contractor access through its right-of-way encroachment process. Its right-of-way page asks applicants to apply at least three months before work, or six months when a license agreement is needed. Work lasting under 180 days goes through the Metrolink Permitting Portal, which RailPros Field Services processes for SCRRA; work over 180 days is submitted to SCRRA by email.

Temporary access is granted under SCRRA Form No. 6, the Temporary Right-of-Entry Agreement, which the page lists as updated January 30, 2024. Exhibit A to that agreement is the insurance exhibit. SCRRA's May 27, 2022, encroachment process document, since superseded but still posted, says railroad protective liability is required in addition to general liability for both permanent and temporary encroachments, and that permanent facilities such as pipelines and wirelines need a license agreement.

SCRRA's January 2024 transition FAQ says construction inspection is now required on all projects and that as-built drawings are required. The lead times and processing steps belong to SCRRA and RailPros. A broker cannot obtain an agreement for a contractor, waive a requirement or move an application through SCRRA's review any sooner.

Railroad Protective Liability Under Form 6

Exhibit A asks for railroad protective liability on the AAR-AASHTO (ISO/RIMA) form, issued in SCRRA's name, with limits of not less than $2 million per occurrence (combined single limit) and a $6 million annual aggregate. If the policy is written on the London claims-made form, the exhibit raises the limits to $3 million per occurrence with a $9 million aggregate.

Exhibit A also allows SCRRA's Manager Public Projects to waive the requirement for certain low-hazard activity where the track is physically separated from the work by a building, a floor or a continuous fence. SCRRA's right-of-way FAQ, Revision 3 dated July 7, 2025, says that with limited exceptions all applicants must obtain the coverage, and that self-insurance or an endorsement to the contractor's general liability is not accepted in its place. Exceptions go through Metrolink's Legal Department.

Because the policy is issued in SCRRA's name for a specific agreement, it typically sits outside the contractor's annual program. Who arranges it on a given job, the project owner or the contractor, is a point to settle in the construction contract before the application goes in.

Metrolink Limits: General Liability, Auto, Employer's Liability and Pollution

The rest of Exhibit A sets the contractor's own policies. The terms below are as read from the fillable Form 6 that SCRRA posts. An earlier version dated August 1, 2023, carried the same limits but did not require CG 24 17 or list RailPros as an additional insured, so a certificate built from an older agreement may fall short.

Exhibit A does not state a required umbrella or excess limit, although its certificate form includes an umbrella line. Ask SCRRA whether a particular agreement adds one.

  • Commercial general liability on ISO CG 00 01: $2,000,000 each occurrence covering bodily injury, property damage and personal injury, including endorsement CG 24 17 (Contractual Liability – Railroads), with an aggregate that applies per project or equals twice the occurrence limit.
  • Business auto on CA 00 01, symbol 1 (any auto): $1,000,000 per accident.
  • Workers' compensation as required by California, with employer's liability of $1,000,000 per accident.
  • Contractor's pollution liability: $1,000,000 per occurrence and $2,000,000 annual aggregate.
  • Course of construction (all risk) at completed value, with SCRRA and the Member Agency as loss payee and a waiver of subrogation.

Additional Insureds, Endorsements and Certificates

Exhibit A names SCRRA as certificate holder and lists nine additional insureds: LA Metro (MTA), BNSF, OCTA, UPRR, RCTC, Amtrak, SBCTA, VCTC and RailPros Field Services, Inc. General liability and auto must be primary and noncontributory, with separation of insureds and 30 days' notice of cancellation by certified mail. Original endorsements must be on SCRRA forms, and insurers must be rated A.M. Best A:VII or better.

The July 2025 FAQ lists five endorsements: additional insured on general liability and auto; primary and noncontributory wording; CG 24 17; waiver of subrogation on general liability, auto and workers' compensation; and a 30-day cancellation notice.

Subcontractors must be insured under the contractor's policies or provide their own certificates, and deductibles or self-insured retentions must be declared and approved. The FAQ labels the $1,000,000 employer's liability limit as workers' compensation, so check that line against Form 6 when the certificate is prepared.

SCRRA Fees Effective August 1, 2026

SCRRA's Right of Entry Schedule of Fees is updated each August 1. The schedule effective August 1, 2026, lists a non-refundable standard application fee of $4,125.04, which covers the initial review and two revisions, with a 15-business-day review time for the initial submittal and each re-submittal. Revisions three through five require another $4,125.04. A grossly incomplete initial submittal that is rejected keeps 25% of the fee and refunds 75%.

Expedited processing costs $9,834.54 and carries a five-business-day review. It is Metrolink's own service, requested from and paid to SCRRA, and it is not something a broker offers or arranges. Specialized engineering review for shoring, falsework or bridges is $3,278.18 on top of the application fee.

Cancellations are billed: four hours if canceled within 24 business hours of the start, and eight hours if canceled within four hours, after the start or for a no-show. The schedule's own worked example for a five-day jack-and-bore totals $43,165.12, a planning figure that can differ for any real job.

  • Railroad safety training: $218.55 per person for a four-hour class taken once per calendar year, with a $15 replacement badge.
  • Railroad flagging: $2,185.45 per day for an eight-hour window and up to 10 workers; the straight-time hourly flagging rate is $152.99.
  • C&S cable marking: $2,273.18 per location, valid 28 days, with a location up to a quarter mile.
  • Construction, communications, track and structural inspection: $221.82 per hour; construction inspection is required on every right of entry.
  • Signal system inspection: $237.91 per hour.

Training, Flagging and Cable Markouts

Form 6 requires Basic Right-of-Way Safety Training, booked at least 72 hours ahead, with a hardhat safety sticker as proof. Flagging is provided through RailPros as roadway worker in charge (RWIC) protection and must be requested at least 15 working days ahead. SCRRA's FAQ says one flagger covers up to 10 workers and that only SCRRA's authorized contractors may flag on its right-of-way, so a contractor cannot hire its own flagger.

SCRRA is not a DigAlert member, so a separate communications and signal markout is needed in addition to the 811 call. The lead time differs between SCRRA documents. Form 6 (updated January 30, 2024) asks for the cable markout request at least 15 days before work, while the May 27, 2022, encroachment process document, superseded but still online, says to call SCRRA Signal at least five days before construction. Confirm the lead time that applies with SCRRA when the agreement is issued.

Form 6 calls for cost reimbursement with a deposit before work and requires the executed agreement to be kept on site. For projects under 180 days, the January 2024 transition FAQ replaces the advance deposit for flagging, inspection and training with monthly or completion invoicing.

Bore and Jack Work, Bonds and Setbacks Under Form 37

SCRRA Form 37, Rules and Requirements for Construction on SCRRA Right-of-Way, is dated January 2017 and is still linked from the right-of-way page as current. Section 5.6 requires jacking and receiving pits to be outside the right-of-way or at least 25 feet from the centerline of the nearest track, measured at a right angle to the track. Bore and jack work follows SCRRA standards ES5001 for non-flammable pipelines and ES5002 for flammable and hazardous pipelines, and the contractor gives a two-year settlement guarantee. Section 6.1 calls for potholing at least 30 days before excavation.

Section 5.11 sets a performance bond by activity. A performance bond is a surety obligation rather than insurance. It is underwritten separately from the railroad protective policy. SCRRA's July 2025 FAQ repeats the $180,000 excavation and shoring figure and the $120,000 figure for a 36-inch casing. Because Form 37 dates from 2017, confirm the bond amount for each job with SCRRA.

  • Excavation and shoring: $180,000.
  • 36-inch casing: $120,000; 42-inch: $140,000; 48-inch: $160,000.
  • 54-inch casing: $180,000; 60-inch: $200,000; 66-inch: $220,000.
  • 72-inch casing: $240,000; larger casings need SCRRA approval.

Confirm the Exhibit Attached to Each Agreement

SCRRA revises its forms and fees on its own schedule. Form 6 changed between August 2023 and January 2024, the fee schedule changes each August 1 and Form 37 still carries its 2017 date. The figures on this page are as SCRRA posted them on October 26, 2026. Before binding coverage, compare each certificate line with the Exhibit A attached to the agreement SCRRA issues for the job.

Contractors who also work along the San Diego County coast face a separate set of terms on the North County Transit District corridor, where the railroad protective per-occurrence limit is higher and a general liability endorsement can stand in for the railroad protective policy if it meets NCTD's limits.

Before You Ask for a Quote

What to Gather

  • The Form 6 agreement and Exhibit A issued for this job, with their dates
  • Current certificates for general liability, auto, employer's liability and pollution
  • Endorsement copies for CG 24 17, additional insured, primary and noncontributory and waiver of subrogation
  • A railroad protective liability quote in SCRRA's name on the AAR-AASHTO form
  • The project schedule showing whether work runs under or over 180 days
  • Casing diameter, pit locations and the bond amount Form 37 lists for the work

What to Ask the Insurer or Surety

  • Is the agreement's Exhibit A the January 2024 version or a newer one?
  • Does the work qualify for a low-hazard railroad protective waiver?
  • Does the general liability aggregate apply per project or equal twice the occurrence limit?
  • Have deductibles and self-insured retentions been declared and approved by SCRRA?
  • Which cable markout lead time applies to this agreement, 5 days or 15 days?
  • Does SCRRA expect an umbrella or excess layer on this agreement?
Quick Answer

Metrolink's Form 6 (updated January 30, 2024) asks for railroad protective liability in SCRRA's name at $2 million per occurrence and $6 million aggregate, general liability of $2,000,000 with CG 24 17, auto and employer's liability at $1,000,000 and pollution at $1,000,000/$2,000,000.

Common Mistake

Offering a general liability endorsement in place of railroad protective liability. SCRRA's July 2025 FAQ says neither self-insurance nor a CGL endorsement replaces it, with exceptions only through Metrolink's Legal Department.

Broker Perspective

A broker matches each certificate line and endorsement to the Exhibit A attached to the issued agreement, checks the nine additional insureds and confirms who arranges the railroad protective policy before entry.

Coverage Impact

A missing CG 24 17 or an outdated additional insured list can leave contract liability to the railroad outside the contractor's policy and hold up entry until the certificate is corrected.

Questions Buyers Ask

Can a contractor use its own general liability instead of railroad protective liability on Metrolink property?

Generally no. SCRRA's July 2025 FAQ says self-insurance or a CGL endorsement is not accepted in place of railroad protective liability, and exceptions go through Metrolink's Legal Department. Form 6 separately allows a waiver for certain low-hazard activity where a building, floor or continuous fence physically separates the track from the work.

Official Sources

  1. Metrolink Right of Way (ROW) Encroachment, Southern California Regional Rail Authority (Metrolink). Apply at least three months ahead (six with a license agreement); under-180-day work through the Metrolink Permitting Portal, longer work by email to SCRRA; SCRRA not a DigAlert member; forms list with Form 6 updated 01-30-2024 and Form 37 linked as current. Verified 2026-10-26.
  2. SCRRA Form No. 6, Temporary Right-of-Entry Agreement, with Exhibit A (insurance), updated January 30, 2024, Southern California Regional Rail Authority (Metrolink). Railroad protective $2 million/$6 million (London claims-made $3 million/$9 million) and low-hazard waiver; CGL $2,000,000 with CG 24 17; auto, employer's liability, pollution and course of construction terms; additional insureds; endorsement and rating terms; training, RWIC flagging and 15-day cable markout lead times; deposit and on-site agreement. Earlier 8-1-2023 version lacked CG 24 17 and RailPros. Verified 2026-10-26.
  3. SCRRA Right of Entry Schedule of Fees, effective August 1, 2026, Southern California Regional Rail Authority (Metrolink). Standard and expedited application fees and review times; specialized engineering review; training, flagging, cable marking and inspection rates; cancellation and rejection terms; worked jack-and-bore example; annual August 1 update. Verified 2026-10-26.
  4. Metrolink Right of Way Encroachment FAQ, Revision 3, July 7, 2025, Southern California Regional Rail Authority (Metrolink). Railroad protective required with limited exceptions; no self-insurance or CGL endorsement in its place; required endorsements; performance bond figures; one flagger per 10 workers and only SCRRA's authorized contractors may flag; ES2104, ES5001 and ES5002. Verified 2026-10-26.
  5. SCRRA Form No. 37, Rules and Requirements for Construction on SCRRA Right-of-Way, January 2017, Southern California Regional Rail Authority (Metrolink). Section 5.6 bore and jack pit setback of 25 feet from the nearest track centerline or outside the right-of-way, ES5001/ES5002 and two-year settlement guarantee; Section 5.11 performance bond table; Section 6.1 811 plus SCRRA Signal and potholing 30 days ahead. Verified 2026-10-26.
  6. Metrolink Right of Entry January 2024 Transition FAQ, Southern California Regional Rail Authority (Metrolink). RailPros processes rights of entry under 180 days; field services invoiced monthly or at completion instead of an advance deposit; construction inspection and as-built drawings required. Verified 2026-10-26.
  7. SCRRA Right of Way Encroachment Process, May 27, 2022 (superseded, still posted), Southern California Regional Rail Authority (Metrolink). Railroad protective required in addition to general liability for permanent and temporary encroachments; license agreement for permanent facilities; call SCRRA Signal at least five days before construction for cable marking. Verified 2026-10-26.

Reviewed by the Principal, Gleason Insurance Brokers, LLCUpdated

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