643.4 Railroads

Key Points

643.4.1 Introduction and Railroad Project Overview

Railroad projects involve a variety of issues, including crossing signals, stop and yield signs, surfacing, traffic signal preemption and grade separations. Some of these may be funded by the Multimodal Division, by MoDOT districts, by both or by other entities. Projects involving work on or over railroad right of way or involving adjustment of railroad facilities require the timely submittal of plans to the Central Office in order to avoid delays in the monthly bid opening. The district is responsible for providing the necessary plans and details to Multimodal Operations (MO) where negotiations with railroads are conducted.

Forms

Daily Utility Report (C-9)

Railroad Crossing Inspection (C-10)

Final Utility Report (C-13)

Form D-20, Highway-Railroad Crossing Data

Questionnaire for a New Grade Crossing

Questionnaire for a New Grade Separation

Change Order Form

643.4.1.1 Preliminary Roadway Plans

Four sets of any portion of the preliminary roadway plans affecting a railroad including title sheet, plan-profile sheet, cross section sheets, and any special sheets are submitted to the MO. They will provide this information to the railroad on all projects affecting railroad operating right of way or facilities. If more than one railroad company is involved, the right of way and facilities of each company are to be identified separately. These plans show all existing railroad facilities within 500 ft. (150 m) of the crossing, such as switch points, signals, drainage structures, right of way lines, pole lines, restrictions to sight distance, intersection of centerlines equated to railroad stationing (or mile post) and highway stationing, angle of intersection and a land tie to the nearest corner, as well as adjustments that are required. Highlighting them in yellow on the plans emphasizes all notes pertinent to work on railroad property, especially those on the proposed handling of drainage. Railroad right of way lines and the excavation limits on railroad property are outlined in red on the cross section sheets. Culvert sections are to be furnished at this time for any culverts proposed on railroad right of way. When roadway excavation must be hauled across a railroad track, the district is to furnish the location and width of the required crossing and the quantity of material to be hauled. In all cases, existing public crossings should be used for this purpose if at all possible.

This data must be submitted to MO at least fourteen months prior to the scheduled bid opening date for projects which require major involvement with railroads, such as modification or construction of grade separation structures. Projects with minor railroad involvement, such as rehabilitation or painting of bridges over railroads and resurfacing of approaches to at-grade crossings, require less time for negotiation. Plans for these projects are to be submitted six months before the date of the scheduled bid opening.

643.4.1.2 Grade Separation Structures / Closing of Existing Crossings

The design of railroad-highway grade separations is coordinated with Bridge. Copies of all correspondence will also be furnished to Design. The right angle section must extend entirely across the railroad's right of way.

A minimum lateral clearance and vertical clearance from the railroad track to the structure is required (for additional information see 760.4.3 Railroads). When a railroad requests or requires a railroad maintenance road, the lateral clearance is increased as shown. The preferred design vertical clearance is 23'-0" (7.0 m). A greater clearance may be considered at specific locations based on topographic conditions or special situations. Lesser design clearances that meet the minimum clearances required by state regulation of 22'-0" (6.7 m) vertical and 8'-6" (2.6m) horizontal may be considered under special conditions.

At an early stage in the design process, the district will coordinate efforts with MO to explore the feasibility of closing adjacent at-grade crossings that may or may not be located on the state highway system. Should this be the case, the closing of the other crossings will be a part of the grade separation project.

643.4.1.3 Rehabilitation, Resurfacing and Painting of Structures Over, On, or Under Railroads

All projects over, on, or under railroad property constructed by MoDOT's contractors require notification of the railroad no matter how minor the work may be. The contractor is almost always required to have railroad protective liability insurance before performing any work involving railroad property even where no trains are currently operated. Rehabilitation of structures such as full-depth repair or removal of railings and curbs will require the contractor to engage railroad personnel (known as “flaggers”) to protect the railroad's property and operation. MO is to be notified of these projects as soon as possible once they have been added to the State Transportation Improvement Program (STIP).

643.4.1.4 Resurfacing Projects

When railroad grade crossings are within the limits of a roadway resurfacing project, MO can request the railroad to make any necessary repairs or replacement of the track crossings, warning devices, and adjustment of high or low tracks to provide for a better grade crossing.

The district will review all railroad crossings within the project limits and determine if a track adjustment is necessary and can be justified. If an adjustment appears beneficial, a profile of top of rail (both rails if the track is on a curve) for 500 ft. (150 m) in each direction from the crossing will be obtained. This information will be submitted to MO together with a recommended adjustment height.

A review of the number and condition of railroad crossing signs ("crossbucks"), whether they are reflectorized, the condition of the track crossing material and the location and condition of any flashing light signals or gates in relation to the new centerline of roadway will also be made.Form D-20, Highway-Railroad Crossing Data is used to record these field conditions. One copy of this form is to be sent to MO as soon as possible after the proposed improvement is added to the STIP.

A review of advance warning signs should also be done at the same time to ensure they are correctly placed on either side of the crossing.

643.4.1.5 Crossing Surfaces

Railroads are responsible for the installation and maintenance of all public railroad-highway grade crossing surfaces. If a district desires to pay for a crossing surface or a portion of a crossing surface, they will work with MO before entering into any oral agreement of arrangement to pay for the crossing, which is strictly voluntary.

Agreements for installation of high type crossing surfaces are prepared by MO and submitted to the railroad for execution. These high type surfaces are composed of rubber or concrete. MO will transmit the agreement to the district for execution by the local agency, if applicable, after execution by the railroad. Once it has been executed by the local agency, MO will notify the railroad to proceed with the installation. District construction personnel will inspect the work. The district operations engineer responsible for Construction will notify MO when the installation is completed.

643.4.1.6 Railroad Grade Crossing Warning Systems

The determination of appropriate warning devices at railroad grade crossings is the responsibility of MO with concurrence of the railroad(s) involved. The district initiates a review of all railroad grade crossings within the limits of or affected by a project by submitting Form D-20 as soon as possible after a project is added to the STIP.

If the district is unsure whether an existing grade crossing warning system is affected by a project (even if the crossing warning system is actually located outside the project limits), they need to contact MO for clarification.

MO will initiate individual grade crossing improvements not associated with a roadway improvement project by using a priority rating system developed from the data available on the crossing inventory or by using cost share agreements with the railroads, local governments or private agencies. The district, together with the railroad, local officials and MO personnel annually inspect a number of these crossings in the field to determine the appropriate improvement. A diagnostic field review will be conducted with all affected parties to determine the appropriate improvements.

MO prepares all agreements for improvements at railroad crossings after the proposed work has been approved by the FHWA. Crossing improvements on state routes are processed by MO without involving local agencies.

643.4.1.7 Property Rights from Railroads

Negotiation for use of railroad right of way is a difficult and time-consuming process. MO is responsible for all negotiations with railroads unless only non-operating or abandoned right of way is involved, in which case the district right of way office will negotiate with the railroad. The district office initiates the negotiation process by acquiring a track map from each railroad involved.

Property rights granted by a railroad may be defined and described using one or more document types. Temporary and permanent easements are used where construction and maintenance of highway facilities encroach on operating right of way and may be included in one document. Quit claim deeds are generally utilized where permanent rights are sought on non-operating right of way. Coordination with MO is important when determining the document form to be used because different railroads have different forms that can expedite the process.

Following selection of the document form, the district will prepare the documents. Right of Way personnel will appraise each parcel in accordance with standard procedures discussed in 236.6 Appraisal and Appraisal Review. After the appraisal is complete, the district will advise MO of the appraised value. MO will make a recommendation of the monetary consideration to be shown on the documents. Generally, the actual appraised value of the taking will be offered to the railroad even if this amount is less than the processing fee for the transaction required by the involved railroad.

When highway right of way is parallel and abutting railroad right of way and limited access rights are being obtained from the railroad, four sets of right of way plans are sent as soon as available to MO. These plans will be provided to the railroad to determine if access points need to be reserved for the railroad's use and for the possible closing of public and private grade crossings. Quit claim deeds are used to acquire access rights when other easement rights are not involved.

The description for railroad easements is referenced to a land tie shown on the railroad's track map. These references can be very brief. It is only necessary to reference the land tie and then provide the distance, along the section or quarter section line, to the centerline of the railroad right of way as shown on the track map. A metes and bounds description of the easement limits that are desired from the railroad is also provided. The key in this procedure is the equation stationing tying the railroad centerline to the highway centerline.

One copy of the railroad's track map, four copies of the roadway plan sheet with the parcels highlighted, and three copies of the property document form are submitted to MO for handling with the railroad.

643.4.1.8 Railroad Operating Right of Way

Railroads usually consider a 100 ft. (30 m) width of right of way centered about their main track centerline as the minimum on which they can effectively operate. Any encroachment within this limit, even if it is only for ditch cleanout or erosion control, is not welcomed by the railroad and therefore is to be avoided. When encroachment on railroad operating property is absolutely necessary, the number of plans and other information noted above, including cross sections sheets showing the work on railroad operating right of way throughout the encroachment, are submitted to MO.

643.4.1.9 Railroad Non-Operating Right of Way

Property outside the typical 100 ft. (30 m) wide corridor is usually considered as non-operating right of way. Abandoned depots, warehouses, and watering ponds are also examples of non-operating right of way. As with all railroad easements, railroads typically grant only quitclaim deeds for acquisition of non-operating right of way.

643.4.1.10 Final Plans

Black and white half size prints of the title sheet, plan and profile sheet(s), bridge title sheet (if applicable), and any special sheet(s) showing details of the crossing or of the roadway in the vicinity of the crossing (including any structures) are submitted to MO.

If a crossing on a non-state route is to be closed as part of the project, MO must approve the closure or the local road authority must provide a resolution, ordinance, or official letter supporting the closure to MO which will then approve it. The district will secure this approval.

When the roadway improvement project includes a new grade crossing of the railroad, a questionnaire for a new grade crossing is submitted to MO with the roadway plan sheets. If the project includes a new, widened or replacement grade separation structure a different questionnaire is submitted with the roadway plan sheets.

This information is submitted to MO at least six months prior to the scheduled bid opening date for the project.

643.4.1.11 Final Quantities

Plans submitted to the Central Office that include any proposed work on railroad operating right of way will contain a breakdown of bid item quantities (using forms DE 301 and 302) which occur within the limits of the railroad right of way. The contractor will use this information to obtain railroad protective liability insurance.

643.4.2 Construction Inspection Guidelines for Railroads

There are two basic types of railroad projects that require oversight and inspection by MoDOT construction inspectors:

• Highway construction projects built by MoDOT contractors over, on, or under railroads. The work on these projects use traditional job numbers (JXXXXX). MoDOT’s Railroad Liaison (RL) is the Central Office contact for any questions concerning this type of railroad work.
• Railroad crossing safety improvement projects built by the railroad or their contractor. Railroad crossing safety improvement projects typically use the following style of job number: RRP-000S(XXX). MoDOT’s Railroad Safety Specialists (RSS) are the Central Office contact for any questions concerning this type of railroad work.

Highway construction projects usually involve state routes only, whereas the railroad crossing safety improvement projects can be located on any public crossing, including but not limited to crossings located on city streets, county roadways or highways.

643.4.2.1 Highway Construction Projects With Railroad Involvement

Projects that include the construction or modification of a highway bridge over a railroad are called overhead grade separation projects. Projects that include the construction of a bridge that takes the tracks over the highway are called underpass projects because the road passes under the railroad. Parallel projects include the construction of roadways, slopes and ditches parallel to and on the railroad right of way, but not across the track. Other projects with railroad involvement include the construction of a new railroad crossing, the widening of an existing crossing, or the resurfacing of highways approaches to a crossing. These are called at-grade projects. Agreements with railroads are secured whenever MoDOT constructs a roadway over, under or across a railroad’s track. A new agreement is also secured whenever a bridge is replaced or widened over a railroad track or whenever an at-grade crossing is widened or relocated. However, a new agreement is not needed for the rehabilitation or the maintenance of an existing overhead bridge or the resurfacing of an existing at-grade crossing. The agreements with railroads are sent to the RE’s office only if the railroad is required to adjust their facilities. Railroad agreements for highway construction projects are always actual cost agreements.

643.4.2.2 Contract Job Special Provisions Detailing Railroad Requirements

A highway construction project that includes work on or over railroad right of way is one of the few occasions where the department’s contractor is working on property not controlled by the Commission. Railroads have the authority to operate trains on their tracks and to maintain a safe environment throughout the construction of any highway project. Contractors and inspectors are required to obey the railroad’s safety procedures and policies as described in the railroad Job Special Provision (JSP). To establish good lines of communication, it is recommended the RE’s office invite the railroad’s representatives listed in the JSP to the preconstruction meetings or set up a separate meeting between the contractor and the railroad. All contracts for construction projects with railroad involvement contain a section in the JSP’s that details the authority of the railroads. This JSP specifies the conditions placed upon the department and our contractor when working on and over railroad right of way (ROW). The railroad JSP defines the requirements for locating utilities on railroad right of way, for railroad flaggers, for contractor’s insurance coverage requirements, for safety training and other safety related precautions and conditions, and the authority of the railroad to review and approve shoring plans and demolition plans. For example the contractor’s insurance policies must be approved by the railroad and arrangements for the flagger must be established before any work can be done on or over the railroad’s ROW.

643.4.2.3 Railroad Flagging

A railroad flagger is a railroad employee designated to communicate with our contractor. A flagger is required whenever the contractor’s work could endanger or interfere with the railroad’s operations such as the movement of trains through the project site. A general rule is a flagger is required whenever the contractor will have workers or equipment within 25 feet of the centerline of an active track. One of the primary duties of the flagger is to advise the contractor when trains are expected so that the contractor can pull back personnel and equipment to secure the construction area for the safe movement of trains. The department’s contractor shall contact the railroad to hire a flagger under the conditions specified in the JSP; however, if the contractor proceeds without a flagger when one is needed, the railroad may choose to station a flagger at the site full time throughout the project duration. Under most circumstances a flagger cannot be hired on an hourly basis. Typically the flagger is hired for a minimum of one eight-hour day. Some railroads require as much as 30 days advance notice to hire a flagger and as much as one week’s notice to discharge a flagger, so the contractor is economically inclined to consolidate all work that requires flagging service. Flagging costs are deducted from the contractor’s progress payments. There is no bid item for flagging service. The contractor’s costs for flagging must be in other bid items. The project office shall review all flagging invoices for accuracy, thus inspectors should keep an independent record of the flagging service provided.

Since flagging costs can quickly become extremely expensive, MoDOT districts are urged to strictly monitor the charges and ask MO for assistance should they appear unreasonable.

643.4.2.4 Adjustment of Railroad Facilities

Railroad facilities may need to be modified or adjusted to clear the construction area. For example overhead communication lines frequently need to be relocated prior to the construction or demolition of a highway bridge over a railroad. Sometimes the railroad tracks need to be moved to make space for a new bridge pier. Railroad employees perform these adjustments at MoDOT expense. Ideally this type of work is performed prior to the start of the project construction. The project office inspects these adjustments and makes recommendation for payment when the railroad invoices are received.

643.4.2.5 Field Inspection of Railroad Work

Inspection of work performed by railroads during highway construction projects is similar to the inspection of work performed by utility companies. The railroad is responsible for the work that will be reimbursed by MoDOT, but the work is performed on their facilities in accordance with their own standards. The RE’s office or MO staff will keep detailed records of the work performed so the railroad invoices can be verified in the following situations.

643.4.2.6 Railroad Invoices - Highway Construction Projects

On MoDOT construction projects in which, for example, a bridge is built over a railroad, MoDOT’s Railroad Liaison (RL) receives the progressive and final invoices from the railroads. The RL will forward all invoices to the RE. The RE’s office is responsible for reviewing and making recommendation for the payment for all railroad work performed for highway construction projects. Railroads may send progressive invoices for facility adjustments and for flagging services on a monthly basis. The project office shall determine the amount of flagging costs that need to be deducted from the contactor’s payments. The project office should process the invoices within one month of receipt when possible. Progress invoices are handled in the same manner as the utility partial payment invoices. Therefore, the RE sends progress payment memos directly to the Controller’s Office (copy memo to Division Construction and the RL (not the DUE)). Final invoices are processed in the same manner as Utility Final Invoices. However, the RE will forward the following items to the Construction Division with a memo:

• Daily Utility Reports (C-9) and the
• Final Utility Report (C-13)

The district construction office and the RL also receive copy of the memo and attachments. If disputes are encountered between the contractor and the railroad representatives that cannot be resolved by the RE, or if questions arise regarding the intention of construction and maintenance agreements or railroad special provisions, the project office can contact the RL.

643.4.2.7 Railroad Crossing Safety Improvements

The department administers federal funds specifically intended to reduce the hazards of highway/railroad crossings. Typically this involves the installation of active warning devices, such as flashing light signals and gates, at rural crossings on non-state routes. Railroad forces or a construction contractor hired by the railroad usually performs the work. Railroad companies occasionally participate in the cost, but the majority is usually paid using the federal and state funds administered (by the RSS) through the Missouri Highway/Rail Crossing Safety Program.

643.4.2.7.1 Field Inspection of Railroad Work – Crossing Safety Improvements

The project office conducts periodic inspections while the project is being constructed. The project office will prepare a final utility report (Form C-13) upon completion of the crossing safety improvement. If the project office has not been notified by the railroad of the construction activity, this should be noted on the final utility report. The project office needs to assure the project is built in accordance with the project plans and standards. The RE’s office will keep detailed records of the work performed so the railroad invoices can be verified. Some short term railroad construction activities, such as replacing incadencent lights with LED signals, do not require inspections by the project office.

643.4.2.7.2 Railroad Invoices for Crossing Safety Improvements - MoDOT and Non-MoDOT Projects

The RSS receives the progressive and final invoices from the railroads. This type of railroad work is progressed and final billed very differently than railroad invoices for highway construction projects. The RSS submits all progress bills directly to the Controllers Office for payment (copy of memo sent to RE). After the railroad work is complete and the RSS receives the final railroad invoices, the RSS will contact the RE to send the following documents to the RSS:

• Daily Utility Reports (C-9),
• Railroad Crossing Inspection (C-10) and the
• Final Utility Report (C-13).

After the RSS receives the proper documentation, these documents will be used by the RSS to determine whether to withhold or recommend payment. Railroad safety inspectors from MO will complete the final inspection of the crossing. If questions arise the project office can contact the department’s RSS.

643.4.3 Maintenance Activities

643.4.3.1 Railroad Crossing Safety

Prior to conducting any work over or within 25 horizontal feet of the centerline of an active track, that could interfere with the movement of any train, MoDOT shall contact the railroad company responsible for the track at least 48 hours in advance of performing the work. The railroad company shall be notified of the nature, length and location of the work that is to be performed. For work that will interfere with the movement of any train or pose a safety hazard to the workers within these space limitations on the active track, a railroad company flagger paid for by the department must be present unless the railroad company has indicated that a flagger is not required at the work site during the time the work is to be done.

To determine the railroad company representative responsible for a particular railroad track or crossing, contact the MO Railroad Section at (573) 526-2169. In order to identify the railroad company representative responsible for maintaining a particular railroad track or crossing, department personnel should provide the name of the railroad company and either the crossing number (also called the DOT Number) or the railroad milepost and subdivision identification to the Railroad Section.

MoDOT employees are required to wear personal protective equipment, as described in the department’s Safety Policies, Rules & Regulations Employee Handbook, appropriate for each task when working near or over an active railroad track.

643.4.3.2 Maintenance Responsibility

Unless otherwise agreed to, the railroad company shall maintain the highway surface over the length of the ties at single-track crossings and between tracks where adjacent track centers are less than 15 ft. (4.5 m) apart.

Unless otherwise agreed to, all railroad crossing warning devices, except the advance pavement marking and the advance warning signs, shall be maintained by the railroad company. MoDOT shall install and maintain the advance pavement marking and the advance warning signs at railroad crossings on MoDOT roadways. MoDOT will maintain the approaches at single-track crossings on state highways up to the end of the ties or to the edge of the crossing material, and will maintain the pavement between multiple track crossings where adjacent track centers are 15 ft. (4.5 m) or more apart.

MoDOT should also monitor the crossing location on MoDOT roadways for any vegetation or other sight distance obstructions that may obscure railroad crossing signals.

643.4.3.2.1 Cooperation with Railroads

District personnel should notify MO or the railroad company representative (roadmaster) when a crossing is in need of repair. If it is unclear which railroad company is responsible for a particular crossing, district personnel should contact the Railroad Section for assistance in determining ownership responsibility for the crossing. If the crossing repairs are not made by the railroad company within a reasonable period of time, the district should request assistance from the Railroad Section to set a firm timeline by which the railroad must make the repairs.

The department may furnish asphaltic material for patching crossings when requested by the railroad company. If possible, MoDOT and the railroad company should schedule any needed maintenance to the roadway in the vicinity of the crossing at the same time.

If department personnel are patching the roadway at a multiple track crossing and there are potholes in the roadway surface between the tracks (not rails), department personnel should patch the holes with department forces even if the centerlines of the tracks are less than 15 ft. (4.5 m) apart. MoDOT does not assume the responsibility for maintenance of the crossing and under no circumstances are department personnel to replace any portion of a timber or other type of crossing material. MoDOT forces are not to work between the rails, but can furnish asphaltic material to the railroad company for use in this area.

When replacing or making major repairs to a crossing it may be necessary for the railroad company to temporarily close the crossing to both rail and highway traffic. The District Engineer may authorize the highway closure, however, the closure should be held to as short a period of time as possible. If a detour is available the railroad company may set-up the detour around the crossing, however, MoDOT will not be involved in providing the detour nor will the department assume any responsibility for the maintenance of the detour route. The department may furnish (not install) detour signing as well as the warning signs necessary to adequately warn motorists of the closure and detour. The railroad company is responsible for the placement and maintenance of the signing as well as notifying all local officials and local media of the closure. The railroad company shall obtain a permit for the placement of any detour or workzone signs on MHTC Right-of-way.

643.4.3.2.2 Roadway Taper at Railroad Crossings

A rough riding railroad crossing is sometimes caused by the buildup of the asphalt approach pavement to the crossing. Providing the proper taper at the crossing can minimize this problem.