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Section 2: Process

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Right-of-Entry Agreement Templates

The TxDOT Traffic Operations Division-Rail Safety Section (TRF-RSS) coordinates negotiations of Right-of-Entry Agreement templates with the Audit Office and Office of the General Counsel. After TxDOT and the railroad company have agreed on the terms in the agreement, the agreement is then used as an accepted template for TxDOT Construction and Maintenance (C&M) projects and is not to be modified by a contractor.

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Right-of-Entry Agreement Execution for Projects with Agreed Upon Templates

For each C&M or letter agreement requiring a Right-of-Entry Agreement, TRF-RSS provides an approved Right-of-Entry Agreement with project specific information filled out to the TxDOT Construction Division (CST). CST then fills in the appropriate contractor into the agreement after the project lets, and provides two unexecuted copies of the agreement to the contractor. The contractor then partially executes both copies of the Right-of-Entry Agreement and submits back to CST along with a copy of railroad insurance.

CST will verify that the insurance submitted by the contractor matches requirements shown in the Right-of-Entry Agreement (or PS&E) and work with the contractor if the insurance limits are not correct. After approving the insurance, CST forwards the two partially executed copies of the Right-of-Entry Agreement to the railroad company along with a copy of the insurance. After the railroad company fully executes both copies of the Right-of-Entry Agreement, one copy is returned to CST. CST uploads a copy of the agreement into TRIMS and returns the original executed copy to the contractor.

After receipt of the executed Right-of-Entry Agreement, CST will approve payment by FIN to the railroad company for any Right-of-Entry fees. These fees are paid out of the project CSJ.

NOTE: If TxDOT does not yet have an agreed upon template for a Right-of-Entry Agreement with a railroad company, the above process is not followed. Instead, the contractor will have to contact the railroad company separately to execute the agreement, provide a copy of the executed Right-of-Entry Agreement along with railroad insurance to CST, and pay any associated Right-of-Entry fees to the railroad company.

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Insurance Verification

The contractor is required to maintain railroad insurance throughout the duration of the construction or maintenance project. CST monitors the insurance limits throughout the project.

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