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Section 3: Agreement and Negotiations

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Using the plan layout furnished by the applicant through the district as Exhibit A, TRF prepares the necessary agreement and forwards it to the railroad or industry or both for their approval.

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Agreement Contents

The agreement contains the following:

  • project data
  • permission
  • scope of work
  • insurance clause
  • other applicable considerations.

Discussions of each of these items follow.

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Project Data

Project data include the location of the project: county, highway, and city.

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The permission clause gives the railroad or industry permission to construct, maintain, and operate, at its sole expense, a spur track across TxDOT’s right-of-way. The clause states that the railroad or industry will perform or have performed all work pertaining to the crossing and that it will be done at no expense to and to the satisfaction of TxDOT. Also, the crossing will be maintained to TxDOT’s satisfaction.

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Scope of Work

The scope of work lists all work to be performed by the railroad or industry in constructing the spur track. If TxDOT performs any work, the railroad or industry will reimburse TxDOT.

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Insurance Clause

The insurance clause specifies the type of insurance the railroad or industry or both must purchase on behalf of TxDOT.

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Other Considerations

Other considerations that may apply to the agreement follow.

Modifications to the Highway. If TxDOT elects to modify the highway in any way that will affect the spur track grade crossing , TxDOT will have the right to make such modifications, and the railroad or industry will make the necessary changes at its own expense.

Liability. TxDOT does not assume any liability for suits, claims, or damage of any kind arising out of or incidental to the construction, maintenance, or operation of the flashing light signals or crossing.

No Abnormal Delays in Traffic Flow. No general switching of trains across the highway is permitted. Train operations crossing the highway must be conducted in a way as to not delay traffic flow for more than a normal period of time (5 minutes is the maximum time a crossing can be blocked under Texas Transportation Code). If more than the normal time is needed, the railroad or industry must notify TxDOT in writing as to the necessity and circumstances for more time.

Future need for Grade Separation. If in the future, TxDOT determines that a grade separation is required, the railroad or industry or both will finance and construct the structure. The terms of the grade separation structure will be handled under a separate agreement.

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