Strategies for Improving the Project Agreement Process between Highway Agencies and Railroads (2010) / Chapter Skim
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Appendix A - Railroad Processes for Addressing Agreements
Appendix A - Railroad Processes for Addressing Agreements
Pages 76-87
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From page 76... ...
The manual includes the following: • Contact lists; • Requirements for preliminary engineering agreements; • Explanation of payments and costs; • Process for entry onto CSX property; • Public road crossings and closures guidelines; • Parallel road construction guidelines; • Crossing warning devices guidelines; • Quiet zone processes; • Bicycle and pedestrian facilities rules; • Painting requirements for CSX bridges; • Overhead and undergrade bridge criteria; • Insurance requirements; • Flagging requirements; • Grade crossing maintenance requirements; • Standard preliminary engineering agreements; • Standard construction agreements; and • Special provisions during construction. The manual also includes a set of key points for success, including the following: • Start preliminary engineering reviews early in the projectdevelopment process.
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From page 77... ...
The preliminary engineering agreement includes provisions such as the following: • Acknowledgment that CSX and the public agency agree to cooperate on project reviews; • Reviews do not imply that CSX will approve the project or agree to construction;• CSX provides no implied consent regarding the adequacy of the project that eventually may be constructed; • The estimated amount of reimbursement; • Payment will be in full and in advance; • The agency will make all reasonable efforts to get appropriation authority for the agreement; • Provisions for termination by either party; • Subconsultants can be used by both parties; and • Standard "boilerplate" relating to severability, assignment to successors, and concurrence with governing statutes. The construction agreement includes the same provisions, but also adds the following: • A detailed description of the project; • A description of the tasks required of the public agency; • An estimate of expenses reimbursable to CSX; • Assurances that the agency and contractor will acquire all needed environmental or legal permits and easements; • CSX's ability to terminate the agreement or exclude the contractor from the right-of-way for any unsafe practice or condition; • Insurance requirements of $5 million for commercial general liability, railroad protective liability of $5 million for a single incident, and a total of $10 million aggregate; • Maintenance responsibilities of the parties after construction; and • Indemnification for reckless or wrongful contractor actions.
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From page 78... ...
They said that local agencies with less experience are the more likely sources of significant review comments, rework, and delay. The CSX officials indicated that they challenge project sponsors to meet the railroad's optimal design standards, but they also recognize that they cannot always be met.
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From page 79... ...
Norfolk Southern Schedule for Project Reviews Type of Project Grade Parallel Overhead Grade Underpass Grade Steps in Process Crossing Encroachment Separation Separation Submit preliminary plans and 3 weeks 3 weeks 3 weeks 12 weeks request acknowledgment of plans Receive railroad comments 7 weeks 7 weeks 7 weeks 8 weeks on preliminary plans Receive comments on 3 weeks 3 weeks 3 weeks 6 weeks corrected plans Receive railroad cost estimate 1 week 1 week 1 week 2 weeks Receive project agreement 7 weeks 7 weeks 7 weeks 7 weeks approval from railroad If railroad financial 5 weeks 5 weeks 5 weeks 5 weeks contribution is needed Total railroad handling time 21 weeks without 21 weeks without 21 weeks without 35 weeks without contribution; 26 weeks contribution; 26 weeks contribution; 26 weeks contribution; 40 weeks with contribution with contribution with contribution with contribution Source: Norfolk Southern Review Schedule for Public Improvement Projects (2)
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From page 80... ...
. The guidance it provides includes overhead grade separation design criteria, underpass grade separation design criteria, guidelines for under track culverts, special provisions for protection of railway interests, and the schedule of review of grade separation projects.
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From page 81... ...
Like NS and CSXT, BNSF Railway emphasizes its corporate policy to cooperate with public agencies on projects. It focuses its project-coordination efforts through its public projects division, based in Kansas City, Kansas.
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From page 82... ...
These annual meetings and regular contacts with project sponsors about ongoing projects serve to provide open communication between the railroad and public agencies. Its website includes contact information for the Public Projects division officials assigned to each state (6)
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From page 83... ...
Joint BNSF Railway/Union Pacific Railroad Guidelines One of the major innovations to assist public agencies was the joint development by BNSF and Union Pacific Railroad of guidelines for railroad grade separation projects. These are the two largest railroads, and they collectively dominate the large majority of rail traffic west of the Mississippi River.
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From page 84... ...
It develops agreements on a state-by-state basis. UP public project officials indicate that preliminary engineering agreements are usually included with construction and maintenance agreements, although preliminary engineering may be addressed often in a separate letter of agreement.
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From page 85... ...
UP officials strongly recommend the following practices to improve the agreement and review processes: • Select engineering firms with extensive railroad experience. • Work from preapproved standard legal agreements.
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From page 86... ...
For bridge projects, atgrade crossings, or parallel roadway work projects, it would like to see project coordination begin at the project concept stage. For safety projects, it would like to begin coordination with a preliminary engineering agreement.
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From page 87... ...
Amtrak strongly encourages the development of standard agreements and the use of standing coordination meetings, such as it has with the Massachusetts Turnpike and the Massachusetts Highway Department. It advises public agencies that coordinate with it on projects to appreciate its enhanced concerns about safety and indemnification.
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