Common use of Non-Compensable Work Clause in Contracts

Non-Compensable Work. The railroad is responsible for the maintenance of at-grade crossing surfaces on public streets or highways and associated warning devices. They generally receive no compensation for this work. Exceptions are grade crossings on state trunk highways, for which the railroad may be reimbursed up to 85% of reconstruction costs by the state. Maintenance costs for warning devices are partially reimbursed annually by lump sum based on the proportionate share of warning devices that the railroad maintains. Separation structure maintenance may also be required of the railroad at its expense, dependent upon terms of the agreement or stipulation in force. The region office or local highway authority sends written notice to the railroad under Section 86.12 or Section 86.13, Wisconsin Statutes, advising of the proposed highway project that may affect a railroad highway crossing. The written notice is the means of notifying the railroad of an impending highway improvement that does not require an agreement with the railroad. On state trunk highway crossings, the department may have an obligation regarding the improvement or repairs to the crossing. Refer to FDM 17-5-5 for further discussion. Railroad representatives should be invited to attend the preconstruction conference when railroad crossings are within the project limits. During construction, the railroad should be kept informed as to when work near the crossing will be done and when the highway will be opened to traffic. In some situations, RHS arranges with the railroad to pave within the four-foot zone of railroad responsibility in exchange for the railroad providing flagging (usually up to three days), at railroad expense.

Non-Compensable Work. The railroad is responsible for the maintenance of at-grade crossing surfaces on public streets or highways and associated warning devices. They generally receive no compensation for this work. Exceptions are grade crossings on state trunk highways, for which the railroad may be reimbursed up to 85% of reconstruction costs by the state. Maintenance costs for warning devices are partially reimbursed annually by lump sum based on the proportionate share of warning devices that the railroad maintains. Separation structure maintenance may also be required of the railroad at its expense, dependent upon terms of the agreement or stipulation in force. The region office or local highway authority sends written notice to the railroad under Section 86.12 or Section 86.13, Wisconsin Statutes, advising of the proposed highway project that may affect a railroad highway crossing. The written notice is the means of notifying the railroad of an impending highway improvement that does not require an agreement with the railroad. On state trunk highway crossings, the department may have an obligation regarding the improvement or repairs to the crossing. Refer to FDM 17-5-5 for further discussion. Railroad representatives should be invited to attend the preconstruction conference when railroad crossings are within the project limits. During construction, the railroad should be kept informed as to when work near the crossing will be done and when the highway will be opened to traffic. In some situations, RHS arranges with the railroad to pave within the four-four foot zone of railroad responsibility in exchange for the railroad providing flagging (usually up to three days), at railroad expense.