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Section 2: After C&M Agreement Execution

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If C&M Agreement Isn’t Executed Prior to Letting

On complex projects, a Construction & Maintenance (C&M) Agreement may not be executed until after a construction project goes to letting. In these scenarios, TxDOT may choose to release a construction or maintenance contract to the contractor if a joint concurrence is reached by the:

  • TRF-RSS Rail-Highway Branch Manager
  • CST Division Director
  • District Engineer.
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Agreement Fees

After the C&M Agreement is executed, TRF-RSS will approve payment of any fees TxDOT agrees to pay to the railroad company as stated in the C&M Agreement. The fees are paid for out of the project CSJ. Fees may be agreed upon in the following situations for:

  • new overpass (not replacing existing at-grade crossing)
  • overpass widening or modification
  • electrical or communications conduits under or over tracks or encroaching within railroad rights-of-way
  • new underpass
  • underpass modification.

TxDOT does not pay fees for at-grade crossing work.

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Railroad Coordination Meeting

A railroad coordination meeting may be required on TxDOT construction projects. This meeting may occur at the same time as the preconstruction meeting. The District is responsible for arranging and conducting the meeting. Items of discussion typically include:

  • construction schedule
  • scheduling railroad flaggers
  • scheduling railroad company signal and track crews
  • train operations at the project location
  • railroad safety requirements
  • Right-of-Entry Agreement and insurance
  • construction issues such as stockpiling material near the rail, temporary haul roads and crossings, orange construction fencing parallel with rail, etc.
  • shoring and demolition submittals to the railroad company
  • how inspections of railroad company work will be performed
  • how railroad company invoices will be reviewed and approved.

The following individuals should be present at the meeting:

  • District Railroad Coordinator
  • Area Engineer
  • TxDOT Project Manager
  • Prime Contractor
  • Subcontractors
  • Local Government Traffic Signal Representative (if preemption is involved)
  • Railroad Company.

All parties should be given notice of the meeting a minimum of 21 days in advance in order to provide sufficient time for travel arrangements.

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Right-of-Entry Agreement and Safety Training

Prior to working on railroad right-of-way, the contractor may be required to enter into a Right-of-Entry Agreement with the operating railroad company if required in the PS&E. See Chapter 8 of this manual for details.

Fully executed Right-of-Entry Agreements are uploaded into the TRIMS Project Management Module by CST.

Most railroad companies require contractors working within their right-of-way to complete an online safety training course. Each individual working within the railroad right-of-way must possess a card certifying completion of the safety training course, including TxDOT personnel. Employees found working on railroad right-of-way not in possession of the card or demonstrating unsafe practices may be expelled from the property and/or fined by federal and/or state safety inspectors. Further clarification on railroad safety training is usually provided in the Right-of-Entry Agreement or by contacting the railroad company.

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Contractor Submittals

TxDOT’s contractor will have to provide shoring, erection, erosion control, and demolition plans for review and approval to the railroad company prior to beginning bridge work within railroad right-of-way. Refer to the individual railroad company’s guidelines for developing these plans. On underpass projects or projects with shoring within Occupational Safety and Health Administration (OSHA) Zones A or B, shoring guidelines are typically included in the PS&E and would not need to be developed by TxDOT’s contractor. See Sheet 1 of the Railroad Requirements for Bridge Construction for further details.

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Authority to Order Materials

On TxDOT construction and FSP projects, TxDOT will issue an Authority to Order Materials letter to the railroad company to begin assembling materials. Assembling materials can take up to six months, so the letter should be issued accordingly. The letter is issued by the District on construction projects unless TRF-RSS issues the letter upon C&M Agreement execution. On FSP projects, the letter is typically issued by TRF-RSS as part of the Exhibit B or with the executed Force Account Agreement.

On replanking projects, the Project Notice or Force Account Agreement typically provides the Authority to Order Materials to the railroad company.

The Authority to Order Materials also provides the railroad company approval to begin any necessary electrical service installation at the project site.

Authority to Order Materials letters are uploaded into the TRIMS Project Management Module by the party who issued the letter.

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Work by Local Government

On FSP projects, the TxDOT District Railroad Coordinator coordinates any work done by the city or county. This work may include:

  • median installation
  • civil features such as curb and gutter, guardrail, retaining walls, and culverts
  • traffic signal adjustments
  • utility adjustments
  • removing sight distance obstructions such as vegetation
  • signing and striping
  • roadway alignment improvements
  • installing conduit for traffic signal preemption (typically reimbursed by TxDOT).

This work usually needs to be completed prior to any work done by the railroad company and will affect the issuance of the Work Order to the railroad company from TRF-RSS.

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Railroad Flagging

Railroad flaggers are required any time the contractor is working within 25 feet of the rail or is using equipment that could tip onto the railroad tracks. The railroad company has the final authority in deciding if railroad flaggers are needed. Flaggers must be requested from the railroad company 30 days in advance of the project work by the contractor. The contractor is responsible for determining when flaggers will be needed based on the construction schedule.

On some larger construction projects, the railroad company may choose to post a flagging position internally for a dedicated employee (or employees) to support the project throughout the duration of the construction. The Contractor Right-of-Entry Agreement will give detailed instructions on ordering and dismissing railroad flaggers.

The Project Inspector should verify that railroad flaggers are only requested when needed by the contractor since TxDOT usually pays the flagging charges.

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Work Order

On construction, FSP, and replanking projects, TxDOT issues a Work Order to the railroad company to provide labor for installation, modification, and removal of crossing surface panels, railroad warning devices, track and/or other railroad equipment. In some cases, a Work Order may be required for railroad flagging as well. On FSP projects, a Work Order is issued to the local government for any work to be reimbursed by TxDOT.

The Work Order is issued after the District has identified a proper means to inspect the work to be performed, including any traffic control performed by the railroad company’s contractor. The railroad company will usually request the Work Order after materials have been assembled and two weeks prior to a crew beginning work.

The District will issue the Work Order on all types of projects. The Finance Division Project Ledgers Section should be copied on all Work Orders in order to set up the proper account for paying construction invoices from the railroad companies.

Work Orders are uploaded into TRIMS by the District.

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