Capital Metro Rail Right-of-Way Permits and Insurance Requirements

CapMetro tells applicants to allow 21 business days for it to review an application. That figure is the agency's own guidance; the clock, any requests for more information and the approval itself rest with CapMetro, and no broker or contractor can shorten it.

Plans must include CapMetro's Rail Safety Standard Notes. Where CapMetro sends plans to an outside reviewer, the review goes to an approved consultant at the applicant's cost, which belongs in the project budget next to the application and permit fees. Questions go to the agency's right-of-way mailbox listed on the page.

For a utility owner and its contractor, the practical sequence is to settle which form applies, assemble plans with the safety notes and line up insurance that matches the exhibit before filing, so the submission does not stall on a certificate that falls short.

The permit step links to Exhibit A, Capital Metro Minimum Coverage Requirements for Contractors. The PDF CapMetro posts carries no printed date; its file data shows it was created March 25, 2025. Read as written, it asks for the following.

• Commercial general liability of $2,000,000 with a $2,000,000 combined single limit, including premises and operations, independent contractors, personal injury, contractual liability and underground hazards when the ground surface is disturbed.
• Auto liability of not less than $1,000,000, in the exhibit's words, "with combined single limit of $2,000,000."
• Statutory workers' compensation with $1,000,000 employer's liability.
• Railroad protection of $5,000,000 when construction activities are within 50 feet of the nearest railroad track.
• Capital Metro as additional insured, primary and noncontributory wording, a waiver of subrogation where the contract requires one and notice of cancellation.
• Insurers with a current Best's rating of A+ and Class XIII or better, authorized to do business in Texas.

The exhibit's railroad protection line is the item most likely to need a new policy. A contractor's general liability, even with Capital Metro added as an additional insured, is still the contractor's policy. Railroad protective liability is a separate policy written to protect the railroad on the contractor's job, and it typically has to be bought for the specific agreement and location.

CapMetro ties the requirement to distance: $5,000,000 when construction activities are within 50 feet of the nearest track. Work beyond that distance may not trigger the line under the exhibit's wording, but the measurement should come from the plans and be confirmed with CapMetro, not assumed from a site visit. Equipment reach, staging areas and bore pits all count toward where construction activities sit.

The rating requirement also deserves an early look. A+ and Class XIII is a high bar, and some markets that write railroad protective policies or contractor liability may not meet it. Checking ratings before quoting avoids a certificate that matches the limits but not the insurer standard.

CapMetro posts a second insurance document, Capital Metro Insurance Requirements (v3), linked as the certificate of insurance requirement and written for licensees. Its file data also shows March 25, 2025. It lists general liability of $2,000,000 per occurrence and $2,000,000 aggregate, auto of at least $1,000,000 with a $2,000,000 combined single limit, statutory workers' compensation with $1,000,000 employer's liability, additional insured status except on workers' compensation, primary and noncontributory wording, a contractual waiver of subrogation, 30 days' notice of material change and the same A+ and Class XIII rating.

That document has no railroad protection line. The $5,000,000 railroad protection requirement appears only in the contractor exhibit. The two documents appear to address different roles, the licensee and the contractor performing construction, and CapMetro decides which form governs a given permit. Confirm the applicable insurance document with CapMetro for each application rather than assuming one form fits both roles.

Both documents state the auto requirement in the same unusual way, a $1,000,000 minimum alongside a $2,000,000 combined single limit. Quoting at a $2,000,000 combined single limit addresses the higher figure, subject to CapMetro's acceptance of the certificate.

CapMetro requires a roadway worker-in-charge for any work that could enter the foul zone, which it defines as 25 feet from the center of the nearest track. The RE-7 request must be submitted at least 14 days before the proposed start of work. RWIC time is paid in advance in 8- or 10-hour increments, and a refund requires 24 hours' notice of cancellation.

Crews also complete the Roadway Worker Protection Certification Training administered by CapMetro and carry the card on site. Like the RWIC charges, the training is a cost of access rather than insurance, but a schedule that slips past the 14-day lead time or loses a prepaid shift to a late cancellation can cost as much as a policy endorsement.

Note the two distances on one corridor: 25 feet for RWIC protection and 50 feet for the railroad protection insurance line. A bore pit 40 feet from the track may need the policy without needing a flagger, so both triggers should be measured from the plans.