Agreements

A highway ‑rail crossing project involves a minimum of two parties: the State and the railroad. If the crossing is not on the State highway system, an agreement with the county or municipality having maintenance and enforcement jurisdiction over the road will usually be required. The agreement between the State agency and the railroad should establish the project location, scope of work, standards to be applied, basis of payment, and billing procedures. The agreement between the State and the local jurisdiction should do the following:

•Provide the authority for the State and the railroad to work and control traffic on the local facility

•Provide the amount and basis of payment for any local share

•Establish the maintenance responsibility for the improvement

•Provide for the passage of a law or ordinance so that any traffic control devices being installed at the crossing can be implemented and enforced Current practice is to define project responsibilities of the highway authority and the railroad in construction and maintenance (C&M) agreements developed prior to initiation of final design and construction of improvements. The C&M agreements can include provisions regarding right of entry and railroad flagging. The FHWA provides a variety of resources and tools that encompass strategies to help railroads and DOT’s mitigate the responsibilities between the two agencies. The publication Strategies for Improving the Project Agreement Process Between Highway Agencies and Railroads is comprised of model documents that can be used as a resource for both agencies to help expedite negotiations. (54)