Prior to the start of design the Commissioner shall solicit input from the municipality and the railroad for the purpose of defining the scope of the project.

After due consideration, the Commissioner shall have final authority in determining the scope and allowable costs relative to all projects. All elements of work and project costs must be determined to be reasonable and necessary. Such determination will be made when, in their nature and amount, they do not exceed that which would be prescribed by a prudent person in the conduct of a competitive business. Requests for additional work by the municipality or the railroad will be considered provided the expense of this work is borne solely by the party requesting such work.

1. (A) Alternative Analysis

   1. (1) In establishing project scopes and related project costs, the Commissioner shall consult with the affected municipality and railroad to determine the most cost effective measure to ensure a safe, reliable, and long-term solution for the intersection of railroad and highway rights-of-way. All alternatives to grade separation which can be effected under existing State statute or Department policy, may be considered. If any orphan bridge is replaced by an at-grade crossing, the State will have no responsibility in the continued maintenance or repair of the crossing surface or protective devices. Maintenance and repair of such crossings shall become the responsibility of the railroad and the municipality in accordance with State statute.

   2. (2) Those items of cost which will ordinarily be considered as allowable costs and in which all parties must participate include:

      1. (a) preliminary engineering activities;
      2. (b) property acquisition;
      3. (c) construction engineering studies including inspection and materials testing;
      4. (d) construction costs.

(Effective June 27, 1986)