Section 5: Project Agreements
Anchor: #i1001027Master Agreements
TxDOT has Master Agreements with all the Class I railroad companies and some of the shortline railroad companies to facilitate individual project agreements for work on replanking program projects. These agreements typically cover:
- Anchor: #CHDQWSIE
- Process for adding and deleting crossings for the program each year. Anchor: #IMXWVTBD
- Program and project documents and required approvals. Anchor: #UDWUHDYI
- Construction and maintenance responsibilities of TxDOT and the railroad company. Anchor: #HPHFRQPS
- If TxDOT will pay railroad company on an actual cost basis or fixed cost per track foot of replanking (sometimes categorized by daytime or night/weekend installation rates). Anchor: #BDETDYID
- Process of approving cost per track foot each program year. Anchor: #KPCKCHSM
- Work Orders. Anchor: #NLPYBSGI
- Inspection of materials. Anchor: #DINDOHWV
- Conditions for reimbursement.
Reimbursement Methods
There are three methods for reimbursing a railroad company. The appropriate method depends on whether the railroad company uses its own workforce or a contractor to perform the work.
Anchor: #i1001092Railroad Company Uses Own Workforce
If the railroad company uses its own workforce to perform the work, reimbursement is usually made on a lump sum basis. The reimbursement for an individual crossing will be determined by multiplying the length of crossing surface panels along the track by the cost per track foot agreed upon with the railroad company. Lump sum reimbursements typically occur when a Master Agreement exists with the railroad company.
Actual cost reimbursement to the railroad company may also be used. In these scenarios, a cost estimate is developed prior to construction by the railroad company and approved by RRD. Actual cost reimbursement is typically used when a Master Agreement does not exist with the railroad company.
Project costs and method of reimbursement (actual or lump sum) are approved in the individual project agreement.
Anchor: #i1001112Railroad Company Uses a Contractor on Continuing Contract
The railroad company may use a contractor to perform the work under a continuous agreement with the railroad company. The continuous agreement must be for a minimum of three years. A copy of this agreement must be provided to RRD.
The contractor’s costs are included in the project estimate and reimbursed at actual cost during construction unless a lump sum arrangement with the railroad company is shown in the individual project agreement. The railroad company directly invoices TxDOT and reimburses their contractor separately.
The railroad company may also provide labor (inspection, etc.) and include estimated costs in the individual project agreement. Reimbursement to the railroad company will be at actual cost.
Anchor: #i1001132Railroad Company Uses a Contractor for Individual Project
The railroad company may choose to solicit bids for the project from a minimum of three contractors. The lowest qualified bid will be accepted and reimbursed at actual cost not to exceed the original bid. A Form 1891 (Detailed Estimate for Railroad Solicitation of Bids) is completed for each bidding contractor which groups various costs on the project and helps to ensure balanced bids. If three bids are not received, RRD may still accept the lowest qualified bidder if at least three contractors were contacted and one or more chose not to bid the project.
The railroad company directly invoices TxDOT and reimburses their contractor separately.
The railroad company may also provide labor (inspection, etc.) and include estimated costs in the individual project agreement. Reimbursement to the railroad company will be at actual cost. Refer to RRD Crossroads website for more information.
Anchor: #i1001167Individual Project Agreement
Typically, there are two separate paths replanking program projects will follow after Exhibit A/SOW and cost estimates have been completed and approved:
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- Project Notice. Anchor: #TCMLLSFG
- Force Account Agreement.
Project Notice
If a Master Agreement exists with the railroad company, RRD will prepare a Project Notice. The Project Notice normally consists of:
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- Signed cover page providing TxDOT’s approval of work, cost estimates and selection of contractor (if railroad company solicited bids from contractors). Anchor: #AFFXANOK
- Exhibit A/SOW. Anchor: #RHXKUTXO
- Cost estimates from railroad company or railroad company’s continuing contractor (if applicable). Anchor: #VBUXMYAH
- Cost estimates from bidding contractors (if applicable). Anchor: #JJCMQEVM
- Standard TCP if SOW is used.
Depending on the terms in the Master Agreement, the Project Notice may need to be executed by the railroad company.
Anchor: #i1001222Force Account Agreement
If a Master Agreement does not exist with the railroad company, RRD prepares and negotiates a Force Account Agreement for the crossing project. The Force Account Agreement will typically include the items listed above shown in both the Master Agreement and Project Notice.
RRD will issue the Force Account Agreement to the railroad company for comments. Once comments are resolved, the railroad company will execute the agreement and return to RRD for final execution.
Anchor: #i1001237After Project Agreement is Executed
RRD distributes a copy of the executed Project Notice or Force Account Agreement to:
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- District. Anchor: #TBDUDFYH
- Railroad company.
The fully executed Project Notice or Force Account Agreement is uploaded into the TRIMS project management module by RRD.
RRD will coordinate with FIN to setup the CRX project in Peoplesoft.