Railroad Company Coordination Survey AASHTO Subcommittee on Construction Contract Administration Section August 2010 Railroad Survey Team John A. Perry,

Railroad Company Coordination Survey

AASHTO Subcommittee on Construction Contract Administration Section

August 2010

Railroad Survey TeamJohn A. Perry, FHWA-IDAnthony Sarhan, FHWA-

WAJim Hatt, OK DOTCarmen 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timely response Require mediation for approval No direct benefit to Railroads Inconsistent processes = delays Use of outdated RR requirements Disagreement on required work /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 TeamJohn A. Perry, FHWA-IDAnthony Sarhan, FHWA-

WAJim Hatt, OK DOTCarmen 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 OfficePhone: 208-334-9180 x116Email: [email protected]