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64 Guidebook for Implementing Passenger Rail Service on Shared Passenger and Freight Corridors with the railroad for each project is the best approach, giving the railroad flexibility and an incen- tive to manage the project efficiently. Time-and-materials or other cost reimbursement approaches are less successful, resulting in extra work with limited benefits for the passenger rail agency. Agreement with the Host Railroad for Operations and Maintenance Cost Support As well as capital improvements, a state or regional passenger rail agency may agree to provide O&M funds to ensure high-quality service, in addition to the normal payments under Amtrak's operating agreement. A well-known example of this approach is used on the Capitol Corridor in California, where the passenger rail agency funds an additional track maintenance gang and pays a premium for night-time work so that maintenance can be performed outside passenger train service hours. This arrangement avoids much of the need to take track out of service for mainte- nance during passenger service hours. Track is also maintained to one FRA track class higher than that needed for current operating speeds, to reduce the chance that a track defect will result in a slow order and maintenance-related delays. As with capital projects, it is critical that the agreement between a passenger rail agency and the host freight railroad specify in detail the obligations of each party to the agreement: For the passenger rail agency to pay the agreed-upon fee for the services provided. For the host railroad to meet service requirements for the passenger train journey time, num- ber of daily trips, and maximum acceptable delay minutes, following the format shown in Table 4-3. Agreements between the host railroad and Amtrak and between Amtrak and the passenger rail agency must reference the same service parameters. On more complex corridors, operations simulations will likely be needed to demonstrate that the agreed-upon service performance is feasible with the proposed O&M practices and to give all parties confidence to enter into the agreements. 4.4 Commuter Service (Non-Amtrak Intercity) 4.4.1 Basic Structure of a Commuter Rail Service on Shared Track The primary difference between commuter and Amtrak intercity service is that with commuter service there is no entity comparable to Amtrak with access rights and, in many cases, existing agreements with prospective host railroads. The two primary scenarios are that the commuter rail agency purchases the ROW from the freight railroad, allowing the railroad to continue to provide freight service under specified conditions, or the commuter rail agency negotiates access to an active freight corridor. A third alternative is to purchase or lease a portion of the existing ROW for an exclusive passenger track parallel to the existing freight line. Separate from ROW acquisition and access agreements, commuter rail agencies usually contract for O&M services. The primary exceptions are a group of long-established commuter rail agencies in the NEC and in Chicago, which operate services directly. Almost all recently established com- muter service has followed this practice--with one exception, all are operated by a contractor. This project focuses on access issues and is not directly concerned with commuter O&M contracts, but such contracts will be described because the commuter rail agency's contract with the operator may contain requirements that must be consistent with the agreement between the commuter rail agency and the host railroad. Figure 4-3 illustrates the relationships between the host or tenant railroad, the commuter rail agency (which may also be the host if it owns the ROW), and a contract operator.