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Section 5: Design Build Projects

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TxDOT typically employs a bid-build project delivery method where the:

  • District designs the project in house or hires a consultant to design the PS&E
  • Construction Division (CST) assists in letting the project to a contractor
  • contractor constructs the project after approval from Texas Transportation Commission.

However, on larger construction projects, TxDOT has adopted a design-build project delivery method where a single contractor is hired to both design and build the project on an accelerated schedule. These projects are often corridor projects which may cross multiple rail lines owned by multiple railroad companies.

Comprehensive Development Agreements (CDAs) may also be utilized as a form of design-build project delivery. CDAs may include provisions for a developer to maintain the facility upon completion of the project.

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Design-Build/Developer Contract

Answers to the following questions should be discussed up front on design-build projects prior to execution of the Design-Build Contract between TxDOT and the developer:

  • Does the Design-Build Contract clarify that the developer is responsible for all documents and meetings necessary for C&M Agreement execution and that the developer is required to enter into a Right-of-Entry Agreement and provide proper railroad insurance?
  • If the project includes overpass or underpass work, will the project have an Exhibit A and Exhibit B? (On these types of projects, the Exhibit A may be the 100% PS&E since construction may begin very shortly after approval. This differs from bid-build projects where the Exhibit A may be completed approximately 18 months before the Exhibit B.)
  • How will Exhibit A plans and support materials be reviewed by TxDOT, and will the developer be contractually obligated to respond to the comments and revise these items?
  • Will there be a need for TxDOT or the developer to issue an Authority to Order Materials or a Work Order? If so, who will issue it?
  • Will preliminary project activities require flagging from the railroad company? Which party will execute the flagging agreement with the railroad company and pay flagging invoices?
  • Which party will execute a PE Agreement and pay the invoices from the railroad company?
  • Is there a date that TxDOT PE and other agreements transfer to the developer, including responsibility for paying invoices?
  • How will the developer access railroad right-of-way during construction? Will temporary at-grade crossings be needed?
  • Which parties will perform inspection and pay invoices for any track or signal work performed by the railroad company?
  • Which party will pay any real estate and Right-of-Entry fees required by the railroad company?
  • What maintenance responsibilities will the developer have upon completion of the project?
  • Who will draft the C&M Agreement? Which parties will sign the C&M Agreement?
  • Will the Right-of-Entry Agreement be tied to the C&M Agreement?
  • If TxDOT is responsible for review and paying invoices, who at TxDOT will review the invoices?
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Design and C&M Agreement Phases

Sections 1-4 of this chapter clarify processes on bid-build projects. In general, all of the steps shown in these sections apply to design-build projects, but often many of the processes normally performed by the District Railroad Coordinator or TRF-RSS may be performed by the developer. Examples of these tasks include:

  • development of Exhibit A and all support documentation
  • drafting the PE Agreement and any other preliminary agreements
  • drafting the C&M Agreement
  • issuance of Authority to Order Materials and Work Orders
  • project inspection
  • approving and paying railroad company invoices
  • paying any permitting fees to the railroad company.

Refer to the terms in the design-build contract or CDA for clarification of responsibilities of TxDOT, the developer, and any local government.

Although TRF-RSS may not draft the C&M Agreement, TxDOT will always be a party to the agreement for any state highway. The C&M Agreement should clarify responsibilities of all parties as described in this section and may vary significantly in content from a C&M Agreement for a bid-build project.

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