Section 1: Letter Agreements

Letter agreement
or maintenance consent letters
 for maintenance work and other work with minimal impacts to
existing roads or facilities in the
 railroad right of way typically require
four to six
 months for execution. As the need is identified, the district railroad coordinator
provides the RRD contract specialist with the following required documents for the project
:
  • Scope of Work.
    • Description of the work to be performed on railroad right of way.
    • Confirmation work remains within existing licensed area.
    • Estimated
       number of days of flagging.
    • Railroad protective liability insurance limits and general escalated insurance limits.
  • Exhibits detailing the actual work at each crossing.
    • Traffic control plan sheets.
    Contraflow is not allowed through a railroad crossing unless specifically approved in writing by the railroad.
  • TxDOT standard sheets.
    • Signing and striping standard sheets.
  • Location Map.

Types of Work Requiring a Letter Agreement
and Maintenance Notice Letter

All work on or within 50 feet of railroad right of way needs to be cleared with the railroad. The larger railroads require a formal notice sent to them while other railroads may accept an email correspondence with acknowledgement from the railroad to clear a maintenance project. A maintenance project pertains to the maintenance of the roadway and the right of way on railroad property to preserve existing condition or to repair back to previous condition. This applies to work done by state labor or by a contractor working on behalf of the state.
Flagging
  • Projects in which the railroad company provides flagging.
    • A flagging agreement will be required between TxDOT and the railroad. This agreement is needed for TxDOT to pay the invoices submitted by the railroad.
  • Projects in which an authorized third party, hired by the awarded contractor, provides the flagging.
    • A Maintenance Notice Letter or Maintenance Consent Letter will be required. The awarded contractor pays for the third-party flagging invoices and TxDOT reimburses the contractor.
  • Projects with work parallel to or within 50 feet of the railroad right of way and no flagging required.
    • A Maintenance Notice Letter is required. No work will be done on railroad property.
Examples of work covered under maintenance projects:
  • Seal coat and pavement maintenance.
  • Overlays and inlays.
  • Striping and street sweeping.
  • Bridge inspection.
  • Minor bridge repair or maintenance.
  • Surveying.
  • Mowing.
  • Barrier or guardrail repair.
  • Installation or replacement of roadside signs.
  • Culvert or ditch maintenance.
  • Traffic signal maintenance.
  • Traffic control plans.
  • Removing rail on abandoned rail line within railroad right of way.

Main
 Considerations

  • Flagging: The
    flagging agreement or Maintenance Notice Letter will state
     how many days of flagging are anticipated for the work to be performed.
    Flagging agreements will include an
     estimated daily cost of flagging to be charged by the railroad company.
    A flagger will be required if
     there is any work within 25 feet of the nearest rail,
    in railroad right of way
     or if
    there is the potential to foul the
     tracks. The railroad has the final authority when flagging is needed. Note: On
    permitted railroad
     crossings, the railroad company provides flagging free of charge.
  • Insurance:
    Railroad protective liability insurance will be required for any contractor to work on or within the railroad right of way. The contractor is required to list the railroad company as an additional insured on their escalated general insurance certificate if the work is parallel to or within 50 feet of the railroad right of way. TxDOT is self-insured and will not be required to provide additional insurance for state labor.
  • Right of Entry Agreement: The
    flagging agreement or Maintenance Notice Letter will state if an executed Right of Entry Agreement is required for
     the contractor performing the work.

Flagging
 Agreement Execution

Flagging
 agreements are submitted by
RRD
 to the railroad company electronically. The railroad company
signs
 and returns the agreements to be fully executed by
RRD
.

Maintenance Notice Letter Execution

The railroad company will review the submitted Maintenance Notice Letter or Maintenance Consent Request further. This review could take up to six months.
As of 2021, the Union Pacific Railroad requires a Maintenance Consent Letter with Contractor Endorsement (MCL) on all maintenance projects in their right of way. The received MCL will clear a project for letting and takes the place of traditional contractor right of entry. The MCL will then be distributed by RRD to all necessary parties for execution by the contractor.