Section 4: C&M Agreements

Drafting the C&M Agreement

RRD
 drafts the C&M Agreement for projects constructed by TxDOT.
The following is required prior to
 a C&M Agreement submittal by
RRD
 to the railroad company:
  • RRD
     must receive an approved railroad cost estimate.
  • Design approval from the railroad company.
  • Approval of metes and bounds
    or area map
    .
  • Approval of the theoretical (5%) cost share,
    if applicable
    .

Types of C&M Agreements

  • Overpass: New, replaced or modified with no railroad company cost participation.
  • Overpass with 5% railroad company cost participation: Used when a new overpass removes an existing active at-grade crossing and federal funding is used on the project.
  • Underpass: New, replaced, modified, or converted.
  • Force Account: Signal or track work on projects involving roadway widening, new at-grade crossings, planking, etc.
  • Preemption: Traffic signal preemption.
  • Joint Usage: Highway projects
    that encroach on or run
     parallel to the railroad right of way.
  • Wireline License Agreement:
     Intelligent Transportation Systems (ITS) conduits crossing railroad right of way.
    Note: ITS lines can be included in grade separation C&M Agreements.
  • Pipeline Agreement: Storm water pipelines crossing railroad right of way under the track. Note: parallel pipelines can be included in at grade crossing agreement.
  • Permitted Railroad Crossing:
     TxDOT projects where the railroad company has crossed TxDOT right of way by permit.
    For more information see Chapter 6, Railroad Capital Improvement Projects.
  • Crossing Closure:
    Closing the approaches and
     existing at-grade crossing.

C&M Agreement Content

  • Description of work and responsibilities on the project by all parties signing the agreement.
  • Statement of license the railroad company provides to TxDOT
    and/or the
     local government for use of railroad property.
  • Statement of any fees TxDOT or other party will pay to railroad company.
  • Maintenance responsibilities for all parties in the agreement, both during and upon completion of project.
  • Statement that TxDOT
    and/or the
     local government to require contractors to provide railroad insurance and Right of Entry Agreement with railroad company prior to working on railroad right of way.
  • Payment article that
    requires
     the railroad company
    to obtain an
     Authority to Order Materials
    memo
     from TxDOT or the local government before ordering materials. A Work Order from TxDOT or the local government
    is required
     before beginning work.
  • Termination article that allows any signatory party to cancel the agreement.
  • Fiber optic article to clarify TxDOT contractor will contact railroad company for locating fiber optic cable prior to construction.
  • Mandatory contract
     articles.
  • Signature blocks for all
    signatory
     parties.
    Supplemental documents previously obtained for the project design phase. See page 2-11 of this chapter.

Easements versus License Agreements

Standard TxDOT practice is to pursue license agreements on construction projects impacting the railroad right of way. TxDOT does not pursue easements on railroad right of way, and
RRD
 works with the Right of Way Division to negotiate any terms and fees related to license agreements with railroad companies.
Commercial sign relocation or removal is handled by the Right of Way Division as are any related fees.

Agreement Execution

Railroad company review of the C&M Agreement includes:
  • Engineering.
  • Legal.
  • Real estate.
  • Track planning,
    if applicable
    .
After all non-TxDOT required parties have signed the C&M Agreement, RRD will then sign. The agreement is now considered fully executed. RRD will send a copy of the agreement to all signatory parties and the district railroad coordinator.

C&M Agreement Submittal to Federal Highway Administration (FHWA)

On projects involving federal oversight, TxDOT is required to submit a copy of the fully executed C&M Agreement to FHWA. FHWA will review and approve the C&M Agreement by signing the title sheet on a copy of the C&M Agreement.
RRD
 provides a copy of the C&M Agreement to the Design Division (DES)
who
 coordinates FHWA review and approval.

Agreement Amendments

If an agreement needs to be modified after the C&M Agreement has been fully executed,
RRD
 will draft an amendment.
An amendment is required
 when:
  • Scope of work for the project has changed.
  • Actual costs exceed estimated cost by more than 15%.
  • A new required article is needed in the C&M Agreement as determined by the
    TxDOT Contract Services Division (CSD)
    .
  • A mistake is identified in the C&M Agreement or any attachments.
RRD
 will coordinate signatures from all parties.