PRIVATE CROSSINGS PROCESS INSTRUCTIONS

To improve safety for the communities we serve, our customers and employees, the BNSF Railway Company�s goal is to reduce the overall number of grade crossings. All other options and avenues should be exhausted before submitting an application for a NEW private crossing. A crossing may be denied by BNSF for safety and operational reasons and any processing fees that may apply will not be refunded, if denied.

Licensing Process:

1. Once the application package is submitted in RailPermitting.com (and application fee paid) a drawing will be prepared that will serve as Exhibit A of the license agreement. This process takes approximately 2 weeks to complete.

2. When the Exhibit A is completed, the package will be forwarded to BNSF�s Director of Field Safety for approval. This process takes approximately 4 weeks to complete.

3. If this is a new crossing, an estimate for BNSF�s labor/material costs for placement and (future) removal of the crossing materials will be prepared. Typically, the grading/drainage work for the roadway from the right of way line to the crossing is performed by the licensee�s contractor. The cost estimate will be sent to the applicant for approval and payment prior to any work being performed. This process takes approximately 4 weeks to complete.

4. Once approvals and cost estimates have been received, JLL will send a contract for signature. A letter will be included that will provide directions regarding insurance and payment of the cost estimate.

5. Return the signed contract along with the appropriate payment to JLL. The applicant will have a maximum of sixty (60) days to return.

6. The final contract will be presented for execution provided all payments have been received and insurance approved.

7. A cover letter with the executed contract will include contact information and instructions to schedule the Construction Inspector and Flagger for the grading/drainage work on the Premises. All work by the licensee�s contractor on the Premises will be conducted under the direction of the Construction Inspector. Fees for the Inspector and Flagger are separate from the application and license fees and are based on a daily rate for each. The Scheduler will prepare an invoice for pre-payment based on the estimated time the contractor will be on the Premises. This pre-payment is a deposit and further billing will be necessary if the contractor works more than the estimate. A refund will be issued should the work complete sooner. Licensee will need to contact the Scheduler at least 2 weeks prior to beginning work.

8. Prior to commencing any work on the Premises, licensee�s contractor, and all parties who will be working on the Premises, shall complete the safety training program at Internet Website http://www.bnsfcontractor.com. This training must be completed prior to beginning work and is good for one year from completion.

Process Time:

Please be advised that the average time from successful submission of the application to execution of the license agreement is 10 weeks. And then a minimum of 2 weeks is needed to schedule the Inspector and Flagger. Every effort will be made to complete this process in a timely manner.

Insurance Requirements for the following Agreement:

	Private Crossing and/or Private Roadway
Commercial General Liability Insurance	Contractual Liability with a combined single limit of a minimum of $2,000,000 each occurrence and an aggregate limit of at least $4,000,000.
Business Automobile Insurance	Combined single limit of at least $1,000,000 per occurrence.
Workers Compensation and Employers Liability Insurance	Employers� Liability with limits of at least $500,000 each accident, $500,000 by disease policy limit, $500,000 by disease each employee.
Railroad Protective Liability Insurance	Coverage of at least $2,000,000 per occurrence and $6,000,000 in the aggregate, except for New Mexico in which coverage is $5,000,000 per occurrence and $10,000,000 in the aggregate
Note: These limits are subject to change without notice. An Agreement will be provided which contains details concerning insurance requirements.

The following will need to be included/attached in the application tool to process the license request:

1. Application Fees.

a. Existing Crossings � If this is an existing private crossing for Residential, Residential & Farm no application fee is required.

b. New or Existing Farm & Ranch, Commercial/Industrial Crossings � If this is an application for a new or existing private crossing for commercial/industrial or farm & Ranch use a $2,000 non-refundable application fee is required. This is not in lieu of the permit agreement fee, cost estimates or Inspector/Flagger fees. This includes both temporary and permanent use. Only credit card payments can be made with the application tool.

2. A copy of the warranty deed and an associated parcel map for the area to be occupied. An aerial map from the internet and/or a parcel map should be included referencing surrounding streets, distance from tracks and streets, private crossing DOT # or the milepost location, and any distinguishing landmarks. Please ensure all information is accurate, as each change will add an additional $800 to the application fee. Documents can be uploaded to the application tool in the Review section.