Third Party Agreements with Amtrak

A trackworker working on railroad in a construction hat

 

Safety First

Collaboration is key for third party projects that impact Amtrak property, facilities or railroad operations. To ensure the safety and protection of Amtrak’s property, facilities and railroad operations, third party projects may require an agreement between Amtrak and the project sponsor in addition to a Permit to Enter (PTE). The project sponsor is the entity that is responsible for the project and on whose behalf the work is performed.

Amtrak Agreement Types

For work on, over, under or adjacent to Amtrak-owned or controlled property, facilities or operations, an agreement with Amtrak may be required. The type of agreement is based on various factors including the scope, duration, complexity, risk level and financial value of the work. Before submitting an application, please review the agreement types to determine which is the most appropriate for your project. Early engagement with Amtrak is highly recommended to ensure a smooth and timely project execution.

Design Phase

 

Design Phase Agreements are for Amtrak to review the design documents for a project to ensure the design complies with Amtrak’s engineering standards and practices. Any work that has design documents, or will develop design documents, requires a Design Phase Agreement. 

 

Construction Phase

 

For complex, longer-duration, high-risk or high-impact projects, a Construction Phase Agreement may be needed to define the role of the project sponsor for the construction phase, outline the requirements for Amtrak’s force account services and for other terms of construction support. A Construction Phase Agreement may not be required in certain instances where the project sponsor is a signatory to the PTE. 

Site Access

 

If your project involves any soil disturbance, environmental work or testing/sampling on or adjacent to Amtrak property, a Site Access Agreement may be required. A Site Access Agreement may not be required in certain instances where the project sponsor is a signatory to the PTE. 
 

Submitting Your Application

Applicants must submit a completed application for the applicable agreement type using Amtrak's Property Access Portal. Applicants are encouraged to submit their applications as soon as possible to allow sufficient time to prepare and execute the agreement.

Incomplete applications or applications without payment will not be processed. Amtrak will prepare the agreement and related documentation and transmit it for signature within eight (8) weeks of receiving all information necessary from the applicant.

The signed agreement must be returned to Amtrak with proof of payment for all Amtrak costs and proof of insurance coverage prior to execution by Amtrak. The necessary insurance coverage is evaluated on a project-specific basis and will be provided with the agreement.

Agreement Type Processes

  • Amtrak may require a Design Review Agreement prior to the commencement of construction work adjacent to Amtrak-owned or Amtrak-controlled property. To determine if a Design Review Agreement is necessary, submit your application and Amtrak will review your application and make a determination. 

  • Before any construction work can commence, Amtrak must review the design documents (including specifications, drawings, plans and calculations) and issue a Letter of No Exception to the project sponsor. Design reviews are only performed once a Design Phase Agreement is executed. All design documents must comply with Amtrak’s engineering standards. The Design Phase Agreement reimburses Amtrak for its services and outlines the terms and conditions of its review.

  • Amtrak strongly encourages applicants to submit their plans as early as possible in the design preparation process, optimally before the start of design. This allows Amtrak to raise any potential concerns early in the process to minimize the need for future revisions. Amtrak recommends the submission of plans as phased design submissions, such as preliminary, advanced and final.

    While Amtrak will review design documentation at a later stage (including signed and sealed plans), Amtrak reserves the right to provide comments that require modification of the plans and resubmission prior to the performance of construction at the applicant’s sole cost. Submittals of final plans will require a minimum of two (2) design reviews by Amtrak.

  • Your application must include the exact location and scope of work, as well as the status of the design development, the proposed timing of construction, the designer of record information and the approximate value. Applicants will also need to submit their plans and a site map showing the location of the proposed work to the Railroad.

    1. Application Submission. Submit your application, site plan and design documents. Failure to provide all information will result in delays in processing or rejection of your application.
    2. Application Fee. Pay the nonrefundable application fee. Payment does not guarantee approval of your application.
    3. Agreement Preparation. Amtrak prepares the Design Phase Agreement, including project-specific insurance requirements and the design phase cost estimate.
    4. Send for Signature. Amtrak sends Design Phase Agreement to the applicant for signature.
    5. Sign Agreement. Applicant signs the Design Phase Agreement and submits proof of insurance coverage, proof of payment and signed consultant’s certificate.
    6. Counter-Signature. Amtrak will review the signed agreement and documentation to confirm that all requirements have been met before signing the agreement. Once confirmed, Amtrak will sign and transmit the executed agreement.
    7. Design Review. Amtrak will provide a design review point of contact to commence the design review process.

  • Amtrak may require a Construction Phase Agreement prior to the commencement of construction work over, under, on or adjacent to Amtrak-owned or Amtrak-controlled property or impacting Amtrak facilities or operations. At Amtrak's discretion, for smaller projects that are shorter in duration and less complex, instead of a Construction Phase Agreement, the project sponsor may be a signatory to the PTE.

    A Construction Phase Agreement is required for projects that have a longer duration, high degree of complexity or risk level, or extensive railroad protection services, including, but not limited to, track outages. A PTE is required for the contractor on behalf of the project sponsor to access Amtrak property in addition to the Construction Phase Agreement.

  • Your application must include the exact location and scope of work, the proposed timing of construction, the approximate construction value, means and methods, anticipated Amtrak support including outages and any proposed major construction equipment. Applicants will also need to submit their plans and a site map showing the location of the proposed work to the Railroad.

    1. Application Submission. Submit your application with a site plan and Letter of No Exception. Failure to provide all information will result in delays in processing or rejection of your application.
    2. Application Fee. Pay the nonrefundable application fee. Payment does not guarantee approval of your application.
    3. Agreement Preparation. Amtrak prepares the Construction Phase Agreement, including project-specific insurance requirements and the construction cost estimate.
    4. Send for Signature. Amtrak sends the Construction Phase Agreement to the applicant for signature.
    5. Sign Agreement. Applicant signs the Construction Phase Agreement and submits proof of insurance coverage and proof of payment.
    6. Counter-Signature. Amtrak will review the signed agreement and documentation to confirm that all requirements have been met before signing the agreement. Once confirmed, Amtrak will sign and transmit the executed agreement.
    7. Temporary Permit Application. The contractor performing the construction work on behalf of the project sponsor will need to apply for and obtain a Temporary Permit to Enter.
    8. Schedule Access. Once the Temporary Permit is executed, Amtrak will provide a point-of-contact to schedule access for the contractor. Entry is permitted only when accompanied by Amtrak personnel with an approved site safety work plan and completion of safety training.
       

  • Amtrak may require a Site Access Agreement prior to the commencement of soil disturbance, environmental work or testing/sampling on Amtrak property. At Amtrak's discretion, in lieu of a Site Access Agreement, the project sponsor may be a signatory to the PTE. The site access agreement reimburses Amtrak for its services and requires the applicant to bear all costs associated with remediation, testing or other work as a result of the soil disturbance. In addition to the Site Access Agreement, the contractor performing the work on behalf of the project sponsor will need to apply for and obtain a Temporary Permit to Enter.

  • Your application must include the exact location and scope of work and, where applicable, a proposed testing plan with the type of testing, testing methods and other related information. An approved plan is required for the commencement of any work under the Site Access Agreement. For any sampling or testing, the results must be provided to Amtrak.

    1. Application Submission. Submit your application with a site plan and proposed testing plan (if applicable). Failure to provide all information will result in delays in processing or rejection of your application.
    2. Application Fee. Pay the nonrefundable application fee. Payment does not guarantee approval of your application.
    3. Agreement Preparation. Amtrak will also review the proposed testing plan, if applicable, and attach the approved plan to the Site Access Agreement.
    4. Send for Signature. Amtrak sends Site Access Agreement to the applicant for signature.
    5. Sign Agreement. Applicant signs the Site Access Agreement and submits proof of insurance coverage and proof of payment.
    6. Counter-Signature. Amtrak will review the signed agreement and documentation to confirm that all requirements have been met before signing the agreement.
    7. Temporary Permit Application. The contractor performing the construction work on behalf of the project sponsor will need to apply for and obtain a Temporary Permit to Enter
    8. Schedule Access. Once the Temporary Permit is executed, Amtrak will provide a point-of-contact to schedule access for the contractor. Entry is permitted only when accompanied by Amtrak personnel with an approved site safety work plan and completion of safety training. Work must comply with the approved testing plan, if applicable.

Reference Links

For additional information regarding Amtrak's third-party approval process review our engineering standards, contractor safety training and utility information resources.

 

 

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