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Section 2: After C&M Agreement Execution

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If C&M Agreement is Not Executed During the Ready to Let

The C&M Agreement may not be executed until after a construction project goes to letting. In these scenarios, TxDOT may choose a Conditional Let, to release a construction or maintenance contract to the contractor. Refer to the Design Division website for releasing projects after Ready to Let period.

If the Project has already let, the district may contact Construction Division (CST) and request a Conditional Release Option. This allows the contractor to start work outside of railroad right of way prior to having a fully executed contractor Right of Entry Agreement.

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Agreement Fees

After the C&M Agreement is executed, the district will approve payment of any license agreement processing fees. TxDOT agrees to pay the railroad company as stated in the C&M Agreement. The fees are paid from the project CSJ. Fees may be agreed upon in the following situations:

NOTE: TxDOT does not pay license agreement processing fees for at-grade crossing work.

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Railroad Coordination Meeting

A railroad coordination meeting is required on TxDOT construction projects. This meeting occurs at the same time as the preconstruction meeting. The district is responsible for arranging and conducting the meeting. Items of discussion:

The following individuals should be present at the meeting:

Refer to the contractor Right of Entry Agreement for railroad contacts and preconstruction meeting requirements.

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Right of Entry Agreement and Safety Training

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

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.

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Contractor Submittals

TxDOT’s contractor provides 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 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 3 of the Railroad Requirements for Bridge Construction for further details.

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Authority to Order Materials

On TxDOT construction and Section 130 projects, TxDOT will issue an Authority to Order Materials letter to the railroad company to begin assembling materials. This letter also provides the railroad with approval to begin necessary electrical service installation, final design, and incidental site work at the project location. Assembling materials can take up to 6 months, so the letter should be issued accordingly. The letter is issued by the district on construction projects unless RRD issues the letter upon C&M Agreement execution. On Section 130 projects, the letter is issued by RRD as part of the Exhibit B or with the executed Force Account Agreement.

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

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Work by Local Government

On Section 130 projects, the TxDOT district railroad coordinator coordinates any work done by the city or county. This work includes:

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 RRD.

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Railroad Flagging

Railroad flaggers are required when the contractor is working within 25 feet of the rail, using equipment that could foul the tracks, or at the discretion of the railroad involved. The railroad company has the final authority in deciding if railroad flagging is are needed. The contractor is responsible for determining when flaggers will be needed based on the construction schedule.

On some projects, the railroad company may choose to post a flagging position internally for dedicated personnel 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 railroad flaggers are only requested when needed by the contractor.

As of 2017, the Class 1 railroads use approved contract flaggers. TxDOT contractors and consultants request flagging support directly from the approved contract flaggers for the affected railroad. Standard provisions have been updated to allow the contractors and consultants to be reimbursed at actual cost plus an administrative fee.

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Railroad Flagging for TxDOT Employees Only

If the railroad will provide their own labor for flagging, the district railroad coordinator shall request a flagging agreement from RRD in support of any railroad provided flagging. For a contract flagger, please follow the steps outlined on the Rail Division Crossroads site. This blanket purchase order is only used for TxDOT labor and is reimbursed through district funds.

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Railroad Property Access Training

TxDOT and contractor personnel shall have a valid railroad specific property access training certification (PAT) in their possession while working on railroad property. This certification is non-transferrable between railroads. This includes attending diagnostic inspections, construction inspection, performing maintenance work, temporary traffic control or other activities. This does not include routine driving over a crossing.

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Work Order

On construction, Section 130, 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. A Work Order will also be required for railroad flagging. On Section 130 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 request the Work Order after materials have been assembled and 2 weeks prior to a crew beginning work.

The district will issue the Work Order on all types of projects.
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