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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. Summary of Presentation. Outline
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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
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
Lessons Learned • 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
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
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
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
Recurring Issues • 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response • Require mediation for approval • No direct benefit to Railroads • Inconsistent processes = delays • Use of outdated RR requirements • Disagreement on required work / compensation • Tie up RR funding for a long time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
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
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
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
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
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
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
Recurring Issues • 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
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
Summary of Presentation • Outline • Results of RR Company surveys (12 Responses) • Railroad Companies • Lessons Learned • Recurring Issues
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)
Lessons Learned • 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
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
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
Recurring Issues • 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
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
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
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
QUESTIONS ?? Contact Information: John Perry, FHWA – Idaho Division Office Phone: 208-334-9180 x116 Email: johna.perry@dot.gov