4.9 Identify, Prepare and Execute Additional Agreements

Identification of existing agreements helps determine the possible need for additional agreements. Existing agreements and contracts that TxDOT has with public entities, railroad companies, utility companies, and other agencies need to be identified and taken into consideration during project development. Some agreements may need to be amended and the appropriate Division can assist.
Agreements or permits between TxDOT and other entities are required in the following situations:
  • Work is performed within the jurisdiction of another entity (e.g., railroads);
  • Other entities construct facilities (e.g., driveways or utilities) on department ROW;
  • Funds are provided by another entity (see
    Section 3.5.2
    ); and
  • Other entities agree to maintain the facility.
Table 4-6
lists the coordinating Division of each type of additional agreement

4.9.1 Advanced Funding Agreement Review

An Advance Funding agreement (AFA) in which TxDOT and a local government allocate participation is the most frequently used contract for project development. TxDOT and LGs negotiate an agreement that determines which party is responsible for conducting work, providing funding or contributing items in-kind.
TxDOT or the LG may be financially responsible for all or a portion of the work regardless of which party is responsible for performing the work.
Bridge specific AFAs are available for bridge work to local structures
Examples of work included in an AFA are:
  • Acquiring ROW;
  • Drafting engineering plans;
  • Providing for utility relocation;
  • Performing environmental studies and environmental mitigation;
  • Supplying construction services; and
  • Providing maintenance of a transportation project.
See
Section 3.5.2
for an in-depth discussion of AFAs.
  • Authority documents:
  • Coordination:
  •  District planning staff
  •  District Environmental Coordinator
  •  CSD staff – Donation agreements, LOSA, VAFA, AFA, workflow diagrams
  •  MTN staff – driveway permits SOP, municipal maintenance agreements, landscape maintenance agreements, multiple use agreements
  •  BRG project manager – consult on bridge AFAs (not the same as the long form AFA)
  •  DES – Project Delivery Section staff
  • Available training:
  •  CTR110 – Advance Funding Agreements
  •  LGP101 – Local Government Project Procedures Qualifcation for TxDOT
  •  LGP102- Local Government Projects Construction Administration
  •  TPD359 – TxDOTCONNECT Advance Funding Agreements