| (a) Definition. In this section, "railroad underpass"
means a grade separated structure that allows a roadway to cross under
a railroad track.
(b) Maintenance responsibilities. The department will
pay for the maintenance of railroad underpass substructure units,
which consist of the piers, abutments, and wing walls, but exclude
any existing timber substructure for approach spans. A railroad company
shall pay for the maintenance of the railroad underpass superstructure,
including the beams, bearings, deck, waterproofing, and track structure,
except as provided in subsection (c) of this section.
(c) Payment for repair of damage to superstructure
by highway traffic. If a railroad underpass superstructure is damaged
by highway traffic, the department will pay the cost of repairs to
the extent agreed to by the representative of the railroad company
and the district engineer of the district in which the underpass is
located. On notification by the railroad company, the department will
prepare an agreement for execution and a job set up based on the estimated
cost of repairs. The repair work will be performed by railroad forces
or under contract, as agreed on by the railroad representative and
the district engineer. In an extreme emergency, the railroad company,
on approval of the district engineer, may undertake the work before
the department and the railroad company execute a formal agreement
to cover the proposed repairs. However, the department will not pay
for work that is undertaken before the district engineer issues a
work order.
(d) Applicability limitations. The provisions of this
section related to the maintenance of underpass substructure units
and the assumption of costs for repair of damage to superstructure
caused by highway traffic, apply only to underpass structures constructed
or reconstructed after October 28, 1960.
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