Railroad Coordination

General
When projects cross railroad right of way or otherwise affect railroad facilities, pre-design and pre-construction coordination with the railroad is necessary to protect the interests of both the railroad and the entity administering the project. Coordination also involves obtaining railroad approval of the project PS&E by executing an agreement with the railroad and providing mandatory insurance for the railroad. This can be a time-consuming process and should be started early in the project development process. Federal-aid projects require a statement, often referred to as the railroad certification, from TxDOT and the LG confirming the appropriate railroad coordination has taken place. This statement is required for all federal-aid highway construction projects, including projects not involving a railroad.
Federal Requirements
  1. 23 CFR §635.307
    – Prior to authorization to advertise for receipt of bids, all railroad work must be so coordinated with the physical construction that no unnecessary delay or cost for the physical construction will occur. Railroad work performed separately from the contract for the physical construction of the project is to be accomplished in accordance with provisions of the applicable federal regulation.
  2. 23 CFR §635.309
    – Requires a request for authorization to advertise for the receipt of bids for all design-bid-build projects that includes a statement or certification that either all railroad work has been completed or all necessary arrangements have been made for it to be undertaken and completed as required for proper coordination with the physical construction schedules.
  3. 23 CFR §635.309(p)
    – Requires the following certifications accompany a request to authorize final design and construction for design-build projects.
    1. Either all railroad work has been completed or all necessary arrangements will be made for the completion of railroad work.
    2. If railroad services are to be included as part of the design-builder’s scope of work, then the request for proposals document must include a statement concerning scope and current status of the required services.
  4. 23 CFR §646.105
    – Requires contractors to have public liability and property damage insurance in effect on federally funded projects when working within railroad right of way.
  5. 23 CFR §646.214
    – Requires grade crossing improvements to conform to the specified design standards of the railroad company and/or highway authority.
  6. 23 CFR §646.216(d)
    – Requires a written agreement be executed by the contracting agency and the railroad company for federally funded projects requiring the use of railroad properties or adjustments to railroad facilities.
  7. 23 CFR §646.216(e)
    – Requires the following conditions be met before authorization for receipt of bids.
    1. The PS&E must be approved.
    2. A proposed agreement between the contracting agency and the railroad has been found to be satisfactory.
    3. There must be adequate provisions for any needed easements, right of way or temporary crossings for construction purposes.
    4. The pertinent portions of the contracting agency-railroad agreement applicable to any protective services required during performance of the work must be included in the project specifications and special provisions.
State Requirements
  1. 43 TAC §15.56
    – Requires projects to be designed in accordance with TxDOT procedures, standards and guidelines.
  2. Texas Transportation Code §112.059
    – Requires that railroads place and keep that portion of its roadbed and right of way, over or across which any public road may run, in proper condition for the use of the traveling public.
Required Practices
In general, the LG must identify railroad crossings early in the project. The LG is responsible for coordination with the railroad, and TxDOT is a party to projects on the state highway system as described in detail in the
LGPM Guide
.