Railroad Company Coordination Survey AASHTO Subcommittee on Construction Contract Administration Section August 2010 Railroad Survey Team John A. Perry, FHWA-ID Anthony Sarhan, FHWA-WA Jim Hatt, OK DOT Carmen Bakarich, KS DOT

2 Summary of Presentation Outline Results of STA surveys (36 Responses) Lessons Learned Recurring Issues Results of RR Company surveys (12 Responses) Lessons Learned Recurring Issues

Agreements Revisit existing agreements Comprehensive agreements Requests for frequent updates RR’s are understaffed Consultants work needs approval Slow execution of agreements Need executed agreement prior to construction 3 Lessons Learned

Design Need separate RR plan sheets Provide RR early review of plan sheets PS&E delayed w/o separate plan sheets Plan sheets need PE stamp No executed agreement w/o approved plan sheets 4 Lessons Learned

Flagging Estimated flagging hours, too low Including set up and take down costs Improper flagging hours, correcting Flaggers union rules, copies RR projects vs RR flaggers available RR Overpasses, w/o fencing, need RR flagger Billing receipts may come months later 5 Lessons Learned

Timely Response Processing agreements takes time Need complete / accurate submittals Need guidelines for RR plan reviews RR’s, minimum staff for reviews DOT projects, not a priority for RR’s RR’s lack wisdom of DOT constraints 6 Lessons Learned

7 Agreements Poor timely response Require mediation for approval No direct benefit to Railroads Inconsistent processes = delays Use of outdated RR requirements Disagreement on required work / compensation Tie up RR funding for a long time Recurring Issues

Billing Final audits / unacceptable invoices Getting daily labor FA information Pay RR invoices for work promptly Limit questions to RR’s on invoices Helps to keep communication open 8 Recurring Issues

Communication Prioritize improvements together RR’s are for profit, DOT’s are not, conflicts High turnover in RR personnel Unfamiliar with each others processes Long distance communication RR/DOT new personnel need education Need direct communication w/RR engineers Lack of early RR involvement 9 Recurring Issues

Construction Request for funding of RR CN inspectors Cannot start work until RR inspector is on site RR schedule > DOT schedule RR stops work w/o DOT approval Lack of coordination protocols, agreements / SP’s 10 Recurring Issues

Flagging Flagging hour billing takes months DOTs, no direct oversight of flaggers, rail yard Must negotiate # of RR flaggers RR flagger availability vs labor shortages Escalating costs for RR flaggers Fear of releasing flaggers, can’t get them back 11 Recurring Issues

Late Changes Request for late changes after plan approval Accept late change request to minimize delays New changes requested at precon meeting Increase in contractor claims, late changes 12 Recurring Issues

Regulations / Requirements RR’s have different insurance requirements Need consistency of insurance requirements 23 CFR 634 gives RR’s too much power Need regulations to limit late changes 13 Recurring Issues

Right-of-Entry / ROW Long approval times for short work windows State law vs RR’s insurance levels don’t match Negotiate insurance levels w/legal staff Need for streamlined ROW process Lack of RR ROW plan review = CN conflicts/delays RR’s want overpass’s to span all RR ROW RR’s won’t give longitudinal property rights 14 Recurring Issues

15 Third Party Consultants Work through designated contacts first Delays depend on RR backlog RR could give more approval authority to TPC’s Delays vary according to which firm is used RR still has to review/approve firm’s work Recurring Issues

16 QUESTIONS?

Railroad Company Coordination Survey AASHTO Subcommittee on Construction Contract Administration Section August 2010 Railroad Survey Team John A. Perry, FHWA-ID Anthony Sarhan, FHWA-WA Jim Hatt, OK DOT Carmen Bakarich, KS DOT

18 Summary of Presentation Outline Results of RR Company surveys (12 Responses) Railroad Companies Lessons Learned Recurring Issues

19 Railroad Companies Who Replied Railroad Companies Alaska RR Corporation Burlington Northern Santa Fe Iowa Interstate RR Kansas City Southern RR Lancaster & Chester Railway Montana Rail Link Norfolk Southern Railway Corporation New York, Susquehanna and Western RWC Providence and Worcester RR Union Pacific Railroad (3 Responses)

Agreements Need lots of lead time Very complex Need Master Agreement to get others AG’s Office, frequent standard language changes Executed agreements sit on shelf for years Update agreements to current conditions / risks 20 Lessons Learned

Plan / Design Initial plans designed w/o RR involvement Not following RR requirements / guidelines Bridge pier placement on RR ROW w/o input RRs protect properties for future expansion Road profile doesn’t allow for vertical clearance Widen parallel highways < storage capacity 21 Lessons Learned

Audits / Retention DOT’s slow to audit books, years DOT’s hold retention till audit complete Late audits cause RR record retention issues RR record retention = greater costs 22 Lessons Learned

Flagging Contractors working w/o RR flaggers Resolved by: DOT’s pay for flagging not Contractors RRs participate in Precon Meetings RRs share SP’s for Protection of RR Interests 23 Recurring Issues

Insurance Contractors working w/o approved insurance Resolved by: Approved RRs insurance requirements Railway Interests SP’s include insurance req’s RR sends out early insurance renewal notices 24 Recurring Issues

Communication Local DOT contacts work better Frequent projects = better communication Must work hard to have good partnerships RR need to be considered sole source contractors Exempt RR from complicated employment regs Not being invited to pre bid and precon meetings 25 Recurring Issues

Legislation / Regulation Changes Jointly work together to improve processes Reduce barriers Better understand each others issues Change State laws requiring record retention Treat RR’s like Utility Company / Contractor Update 23 CFR to current standards and risks Need standardization, agreements / processes 26 Recurring Issues

27 QUESTIONS ?? Contact Information: John Perry, FHWA – Idaho Division Office Phone: x116