Section 4: Project Agreements

Design Approval

Submittals on railroad capital improvement projects come from the railroad company to the district office. After approval by the district office, the materials are forwarded on to the
RRD
 contract specialist who distributes the materials to the appropriate parties at the divisions for review and approval. Reviewing parties are the same as
those requested
 for a TxDOT construction project.
For documentation needed on submittals, see Chapters 2 and 3. For review of Exhibit A plan set, refer to the checklists in Chapter 7.
Preemption forms, reports and request forms are uploaded into the TRIMS project management module by
RRD
.

Project Agreement Process

After all comments are resolved, the
RRD
 contract specialist will draft an appropriate agreement giving permission for the work to be performed:
  • Crossing
     Permit Agreement: Used for a new track crossing a highway on TxDOT right of way.
  • Joint Use Agreement: Typically used for double tracking projects, maintenance projects or other railroad capital improvement projects on railroad right of way which impact a highway.
    This may include the railroad adding a track parallel to a state road, and a slope or other permanent use of state right of way is needed.
  • Letter Agreement: May be used for minor work with minimal impact to highway facilities or TxDOT right of way.
These agreements usually specify the railroad company will be responsible for all costs involved in the construction of the project and will not include any attachments other than an Exhibit A plan set. A cost estimate for work performed by TxDOT would not be included since this would be covered by a Donation Agreement.
Typical timelines for execution of these agreements are six to nine months from initial submittal of Exhibit A plan set to full agreement execution.
Project agreements are uploaded into the TRIMS project management module by
RRD
.
If driveway access is needed or driveway locations need to be modified, approval from the
TxDOT area office
 via a driveway permit
is required
. Districts will issue any required roadway closure agreements.

Crossing
 Permit Contents

Crossing
 Permit Agreements usually have similar requirements as C&M Agreements but may include additional requirements the railroad company or private industry must adhere to in accordance with 43 TAC § 7.105.
  • Modifications to the highway: If TxDOT elects to modify the highway in any way that will affect the
    premitted
     track at-grade crossing, TxDOT will have the right to make such modifications, and the railroad company or private industry will make the necessary changes to the crossing surface and railroad warning devices at their expense.
  • No Abnormal Delays in Traffic Flow: No general switching of trains across the highway is permitted. Train operations crossing the highway must be conducted in a way as to not delay traffic flow for more than a normal period of time. If more than the normal time is needed, the railroad company or private industry must notify TxDOT in writing as to the necessity and circumstances for more time.
  • Future Need for Grade Separation: If in the future, TxDOT determines a grade separation is required, the railroad company or private industry or both will finance and construct the structure. The terms of the grade separation structure will be handled under a separate agreement.