HomeMy WebLinkAboutState of Iowa - Grade Crossing Surface Repair (Rainbow Drive) 10/2/2006 /46"?-0 (:.. A18073
STATE OF IOWA
FEDERAL-AID
GRADE CROSSING SURFACE REPAIR
FORCE ACCOUNT AGREEMENT
for the construction of surface improvements
at the railroad crossing located
on Company's track and for reimbursement
under 23 USC Section 130
Project No.: STP-SF00(35)-2C-07
County: Black Hawk
Road: Rainbow Drive, Waterloo, lA FRA No.: 307-898-U
DIRECT ALL COMMUNICATIONS REGARDING THIS PROJECT TO:
HIGHWAY AUTHORITY Contact Person: Jeff Bales, Engineering Department
Address: 715 Mulberry St., Waterloo, IA 50703
Office Telephone No.: 319-291-4312
Railroad COMPANY Contact Person: Greg Bastian, Engineer–Technical Services
Address: Chicago, Central &Pacific Railroad, 402 East 4th Street, Waterloo, IA 50703
Office Telephone No.: (319)236-9205
State Contact Person: Mary Jo Key, Program Manager–Telephone No. 515-239-1108
Iowa Department of Transportation
Office of Rail Transportation
800 Lincoln Way
Ames, IA 50010
Ernie Corbin–Project Inspector, Iowa DOT–Telephone No. 515-239-1055; Cell No. 515-290-2784
(Revised 01/18/06)
AGREEMENT SUBMITTAL: Complete and return all three (3) fully executed Agreements to Modal
Division, Office of Rail Transportation, for each crossing project. Exhibit"A"- Work Statement is to be
attached. Prepare a cost estimate for each crossing and attach to the Agreement labeled as Exhibit B. Sign
and attach Exhibit "C"with appendixes–Standard Title VI Assurances
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STATE OF IOWA
FEDERAL-AID
GRADE CROSSING SURFACE REPAIR
AGREEMENT
THIS AGREEMENT, is between the City of Waterloo, Iowa, hereinafter referred to as the Highway
Authority, and the Chicago, Central &Pacific Railroad, hereinafter referred to as the Company, and Iowa
Department of Transportation,hereinafter referred to as the State.
The Highway Authority and the Company agree to repair the at-grade crossing located at Rainbow
Drive in Waterloo, Black Hawk County, Iowa, and further agree as follows.
SECTION I. Work Statement and Performance. The Company and the Highway Authority have
determined the extent of the repair to be performed at this crossing, including railway and roadway approach
modifications. This repair shall conform to the Company and Highway Authority Standards. The agreed
work, generally described in the Work Statement identified as Exhibit "A"attached hereto and made part of
this Agreement, is to be performed by Company forces, except the Company may subcontract performance
of the roadway approach work or other required incidental work. In the absence of specific Company
standards, American Railway Engineering and Maintenance-of-Way Association guidelines shall be
followed.
SECTION H. Cost Estimate. The estimated cost of the project work is itemized on Exhibit`B"
attached hereto, and made part of this Agreement.
SECTION 111. Work Start and Completion. The Company shall begin the construction of the project
as soon as possible after the State gives written authorization to proceed and complete the project within 18
months of written authorization to proceed. Costs incurred prior to State authorization are not reimbursable
under this Agreement. Cost incurred more than 18 months after State authorization will not be reimbursed
unless the Company has requested in writing and received from the State a written extension of time for
completion. The State shall have complete discretion, and be the sole authority to grant or deny extensions.
Costs incurred for work following the extension time will not be reimbursed.
SECTION N. Traffic Control. The highway will be closed during repair. Exhibit"A" describes
specific closure conditions. The Company shall advise the Highway Authority Contact Person a minimum
of 14 days in advance of the starting date to allow the Highway Authority adequate time to provide and place
appropriate traffic control devices.
If the road is to be closed,the Company shall advise the Highway Authority Contact Person: 1) a
minimum of 60 days in advance of the approximate starting date to allow the Highway Authority to
implement the detour; and 2) 14 days in advance of the actual starting date to allow the Highway Authority
adequate time to provide and install appropriate signs on the detour.
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SECTION V. Work Notification. The Company shall notify the State and the Highway Authority's
Contact Person no later than 14 days prior to the start of its work at the crossing. The Highway Authority
shall be given ample opportunity to document the materials, equipment, and labor required to complete the
proj ect.
SECTION VI. Project Completion. The State shall have the right to inspect the project work at any
time. After the Company has completed the required work, the Company shall so notify the State and the
Highway Authority in writing. The State shall arrange an inspection with the Highway Authority and the
Company in order for all parties to determine whether the project work has been completed in accordance
with the terms of this Agreement or Amendments thereto. If the existing traffic control devices at a multiple-
track highway-rail grade crossing become improperly placed or inaccurate because of removal of some of the
tracks, the existing devices shall be relocated and/or modified at COMPANY expense pursuant to the
Manual On Uniform Traffic Control Devices, Part 8. Relocation of the traffic control devices will be
completed prior to removal of the detour. When the work has been completed in accordance with the
Agreement, the Company and the Highway Authority shall sign and deliver to the State a Certificate of
Completion and Acceptance form..
SECTION VII. Reimbursable Costs. The COMPANY will keep an accurate and detailed account of
actual and necessary reimbursable costs incurred under this Agreement. The cost of labor, material, all
associated additives and subcontracted work costs are reimbursable, and shall be billed on a force account
basis in accord with Title 23 Code of Federal Regulations, Part 140, Subpart 1. The cost of COMPANY
equipment, equipment rental, accounting, accounting additives and bill reproduction are reimbursable, but
shall not be included directly in the force account billing. Those costs shall be billed as an additive amount
equal to nine(9)percent of the total force account billed less final audit exceptions. The cost of preliminary
project engineering, construction inspection, track inspection,relocation of existing signals, signal wires, and
switches, or the construction of runarounds will not be eligible project reimbursable costs.
SECTION VIII. Cost Sharing. The Highway Authority and Company each shall pay twenty percent
(20%)'of the reimbursable costs defined in SECTION VII for work described in Exhibit"A". It is
understood the State will use Federal-Aid 23 USC 130 funds to reimburse the Company for sixty percent
(60%) of the total eligible costs for this project. The STATE'S CERTIFICATE OF AUDIT shall establish
eligible reimbursable project costs.
SECTION IX. Progressive Payments. The Company may submit progressive bills to the State for
sixty percent (60%) of its material, labor and any subcontracted costs included in Exhibit`B", for each
crossing location. The billing for material shall be for those materials that have been delivered to the project
location or specifically purchased and delivered to the Company for use on the project. The DEPARTMENT
and HIGHWAY AUTHORITY may make progressive payments to the COMPANY not to exceed ninety-
seven percent(97%) of each party's billed participation.
SECTION X. Final Billing. Upon completion of the project the Company shall submit a final and
complete itemized billing in three(3) counterparts. Final bill shall include a summary of all incurred costs.
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SECTION XI. Final Payment. The State, upon receipt of the final bill and Certificate of Completion
and Acceptance form, 'shall review, and forward the final bill to the Iowa Department of Transportation's
Office of Audits for final audit. Reimbursement to the Company shall be governed by the STATE'S
CERTIFICATE OF AUDIT for each project location. The State shall notify the Highway Authority of the
reimbursable amount after final audit. The State and Highway Authority shall make payment to the
Company equal to 60 percent and 20 percent, respectively, of the final reimbursable amount, less previous
payment. The Company shall promptly reimburse the State and Highway Authority in the amount of any
overpayments.
SECTION XII. Maintenance and Abandonment 6Upon completion of the project, the Company shall
maintain the crossing surface to provide a safe and sufficient crossing for vehicular travel. If the track is
removed from both sides of the crossing, the Company shall remove the surface material, rail and cross ties
from the crossing and shall restore the roadway void to the satisfaction of the Highway Authority, all at
Company expense. The Company shall move and install all suitable modular surface material that was
installed within the past five (5) years to another Company public crossing satisfactory to the State, at
Company expense. The installation of the modular surface material may be eligible for a Grade Crossing
Surface Repair Agreement. If the existing traffic control devices at a multiple-track highway-rail grade
crossing become improperly placed or inaccurate because of removal of some of the tracks, the existing
devices shall be relocated and/or modified at COMPANY expense pursuant to the Manual On Uniform
Traffic Control Devices, Part 8.
SECTION XIII. Standard Title VI Assurances Recipients of this funding are required to comply
with the Title VI of the Civil Rights Act of 1964. An authorized COMPANY representative will sign the
attached Standard Title VI Assurances. The signed copy will be identified as Exhibit "C" attached hereto
and made part of this Agreement.
SECTION XIV. Successor and Assigns This agreement shall be binding upon all successors or
assigns. The Company shall provide written notice to the Highway Authority and the State of any
assignment of this Agreement.
SECTION XV. Project Contact Persons All notices and communications essential to complete the
work required by this Agreement shall be made to the Contact Persons and the State specified on the cover
page of this Agreement.
SECTION XVI. Integration and Amendment This Agreement and its exhibits constitute the entire
Agreement between the State, the Company, and the Highway Authority concerning this project. If the
DEPARTMENT determines a substantial change is to be made in the project work described in
Exhibit"A",the DEPARTMENT will furnish the written approval of the change.
SECTION XVII. Termination For Convenience In the event of nonappropriation of federal funds,
this Agreement may be terminated in whole, or in part, when the State, Highway Authority, and the
Company agree that the continuation of the Project would not produce beneficial results commensurate with
the future disbursement of federal funds. The State,Highway Authority, and Company shall agree upon the
termination conditions. The Company shall not incur new obligations after the effective date of the
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termination and shall cancel as many outstanding obligations as reasonably possible. The State will allow
full credit to the Company for the State share of the noncancellable obligations allowable under the
Agreement and properly incurred by the Company prior to termination.
SECTION XVIII. Merged Documents. This agreement may be executed and delivered in three or
more counterparts, each of which so executed and delivered shall be deemed to be an original, and all shall
constitute but one and the same instrument.
If any section,provision, or part of this Agreement shall be found to be invalid or unconstitutional,
such judgment shall not affect the validity of any section,provision, or part thereof not found to be invalid or
unconstitutional.
IN WITNESS WHEREOF the COMPANY, the HIGHWAY AUTHORITY and the STATE hereto
have caused this Agreement to be executed by their duly authorized officers as of the dates indicated below.
Executed by the COMPANY this Chicago, Central &Pacific Railroad
lS dayof�il�/�Lfec , 2006 By 6L �-1
Name and Title
Us Region Director Contracts&Administration
Executed by the HIGHWAY AUTHORITY this City of Waterloo, Iowa
dayof (066<,r , 200 (, By
Name and ti
��yv� l�t,t/ ty� Nh0.yo✓
Executed by the STATE this STATE OF IOWA
Iowa Department of Transportation
day of 1200_
By
Peggy Baer,Director
Office of Rail Transportation
5
Fm 040016
2-03
Iowa Department of Transportation
yr►
EXHIBIT"A"—WORK STATEMENT
Iowa Grade Crossing Surface Repair Fund and Federal-Aid Rail/Highway
Crossing Surface Repair
County: Black Hawk Meeting Date: 3-29-05
FRA No: 307898U Highway Authority: Waterloo
State Crossing No: 580 RR Company: CCP
Location: Rainbow Drive
L Crossing(s)Reconstructed
A. COMPANY will reconstruct 1 crossings of 117.5 total feet that includes 82 feet of star track
surface material through the traveled roadway and 35.5 feet of star track surface material through
the shoulder or sidewalk area. As a minimum,the crossing must extend beyond the edge of the
traveled roadway and through the shoulder if not curbed.
2. Traffic Controls(mark with an X)
❑ A highway runaround will be constructed to permit two-lane traffic during repair.
® The highway will be closed for 5 days during repair.
NOTE: The HIGHWAY AUTHORITY is responsible for barricades, signing, detours,detour damage,
and rumrounds.
The COMPANY shall advise the HIGHWAY AUTHORITY Contact Person:
1) A minimum of sixty(60)days in advance of the approximate starting date to allow the
HIGHWAY AUTHORITY to implement the detour.
2) Fourteen(14)days in advance of the actual starting date to allow the HIGHWAY
AUTHORITY adequate time to provide and install appropriate signs on the detour.
The COMPANY shall advise the STATE PROJET INSPECTOR fourteen(14)days in advance
of the actual starting date.
3. Track Elevation Relative to Existing Road Pavements(mark with an X)
❑ Tracks will be constructed to meet existing road grade.
❑ Roadway will be reconstructed to meet a proposed new track grade(roadway work is not covered
by this Agreement.)
® Tracks will be elevated 1 inches above the adjacent roadway requiring a taper(complete item 4A
and 4B.)
In any event, the parties agree to provide a smooth crossing.
4. Roadway Work—Must be sufficient to provide a smooth crossing
A. Taper Length(estimated)
A25 foot taper on the east side of the crossing and a 25 foot taper on the west side of the
crossing,requires 45 tons of asphalt material(estimated). Taper length should not exceed 25 feet
for each inch of track raise.
This work will be completed by(mark with an X)
❑ COMPANY forces ® COMPANY's contractor
❑ HIGHWAY AUTHORITY forces ❑ HIGHWAY AUTHORITY's contractor
FRA No. 307-898U
B. Track Crossing Opening in the Roadway(mark with an J)
❑ Existing track opening will be maintained.
® Track opening of 25 feet will be required involving the following described roadway
modifications. saw cut so as to remove headers back fill with asphalt in three lifts to get
good density 60 tons
This work will be completed by(mark with an X).
❑ COMPANY forces ® COMPANY's contractor
❑ HIGHWAY AUTHORITY forces ❑ HIGHWAY AUTHORITY's contractor
5. Existing Sidewalk(s)Within Scope of Project north
A. Approximately LV eet of existing sidewalk will be replaced along the West side of the tracks and
h feet along the sm side of the tracks. 1 vd. concrete
B. This work will be completed by(mark with an J).
❑ COMPANY forces ® COMPANY's contractor
❑ HIGHWAY AUTHORITY forces ❑ HIGHWAY AUTHORITY'S contractor
6. Crossing(s)Permanently Retired and Removed
A. COMPANY will retire and remove N/A crossing(s).
B. Voids in pavement will be filled with material requiring (units).
This work will be completed by(mark with an X).
❑ COMPANY forces ❑ COMPANY's contractor
❑ HIGHWAY AUTHORITY forces ❑ HIGHWAY AUTHORITY's contractor
7. Drainage(mark with an X)
A. ❑ Present drainage is adequate.
B. ® Drainage work required. Specify work to include materials and outlet.
C. ❑ Clean ail four(4)quadrants to get good surface drainage.
6" drain tile to north ditch
8. Additional Construction and Traffic Control Conditions; ke,Road Closure Limitations—
Construction at this crossing included with this project, and not described above. Only ACC or PCC Cah)�o
will be place one(1)foot from the railroad surface material. possibly place trunacated Oomes Shei.°�tsvA den
9. Signature BlockQl�fli��t'2
Signatures indicate agreement on all items on Work Statement. If the Agreeis not reached at
the field meeting,Highway Authority should hold the form, and set target resolution date.
Greg Bastian Jeff Bales
Railroad Representative Highway AuthorityRepressJentative
_ fffSogj-�c
Signature Signature �/ VU
State Project Inspector—Ernest R Corbin Additional Attendees:
Office No. 515-239-1055
Cell No. 515-290-2784
f,h
Signature
Copy of Exhibit"A"will be given to the Hwy Authority,RR company and the State at the crossing site. Revised 03/02/05
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Operations Special Capital Project Estimate
Renew Rainbow Dr. With a Concrete Crossing US Region
Technical Services
Homewood, IL
Estimate: Renew Rainbow Dr.With a Concrete Crossin
Location: West Waterloo
Company Name: Chicago Central&Pacific
Subdivision Name: Waterloo
Mile Post: Northland Oil Lead Date created: May 102006
State IA Date revised: x
Network# — Status: x
Description
LABORUM QTY PRICE TOTAL
GANG SIZE Days MD
Unload/Distribute Material 5
Construct Track 0 0 $221 $0
Install Turnouts 5 0 0 $221 $0
Adjust Track 5 0 0 $221 $0
Surfacing 5 0 0 $221 $0
Welding 3 0 0 $227 $0
Flagging 2 0 0 $226 $0
Install Crossings 1 0 0 $211 $0
B&S Labor 5 5 25 $221 $5,525
S&C Labor 0 0 0 $220 $0
Open Line t 0 0 $277 $0
Open Line 0 0 0 $221 $0
Open Line 0 0 0 $221 $0
Open Line 0 0 0 $221 $0
Open Line 0 0 0 $221 $0
TOTAL DIRECT LABOR 0 0 0 $221 $0
$5,525
Description
MATERIAL UM QTY PRICE TOTAL
Rail New
Rail PW $5,049
Field Welding $0
Spikes $487
Anchors $112
Tie Plates $0
Minor OTM $370
Major OTM $5,408
Turnouts $0
Track Ties $0
Switch Ties $399
Ballast $0
Crossing Materials $1,785
Structures Material $40,714
S&C Material $0
Open Line $0
Open Line $0
Open Line $0
Open Line $0
Open Line $0
TOTAL DIRECT MATERIAL $0
$54,324
Description
OTHER UM QTY PRICE TOTAL
Per Diem (Mandays)
Permitting SUM 25 $67.25 $9,681
Engineering Consulting/Design SUM 0 $0 $0
Grading sum 1 $2,500 $2,500
Flagging-Contractor(Mandays) SUM 0 $0 $0
Land Purchase/Real Estate Fees SUM 0 $840 $0
Utilities SUM 0 $0 $0
Welding-Contractor SUM 0 $0 $0
EA 0 $350 $0
1 of Z
Operations Special Capital Project Estimate
Renew Rainbow Dr.With a Concrete Crossing US Region
_ 9�on
Technical Services
Homewood, IL
Rental Equipment
B&S Contracts Other SUM 1 $7,500 $7,500
Culverts SUM 0 $0 $0
Sheet Piling SUM 0 $0 $0
S&C Contracts Other SUM 0 $0 $0
Directional Boring sum 0 $0 $0
Fiber Optic SUM 0 $0 $0
_ Paving Contractor SUM 0 $0 $0
Open Line SUM 1 $20,000 $20,000
Open Line SUM 0 $0 $0
Open Line SUM 0 $0 $0
Open Line SUM 0 $0 $0
Confingency SUM 0 $0 $0
TOTAL,QTHER SUM 1 $10,864 $10,864
ADD TI1/ES F <%� ski s'r _ s;;,i
Labor Surcharges UM QTY PRICETOTAL
Material Surcharges $5,525 120.39% $6,652
Accounting&Equipment Additive $54,324 5.00% $2,716
�Or4woolTryES. -? : °#te aI'l $86 005 8 00% $7,740
,r.x�—:c`.�'k� " 'ix?;a
DONATION
Recoverable Donation to CN AmountTOTAL
TOTAL DONATfON 0.07- 0.00
0.00
TOTAL PROJECT COST
$119,502
MATERIAL FORECAST FOI Renew Rainbow Dr.With a Concrete Waterloo Northland Oil Lead
Material Description
NEW 115# State Tax UM QTY Unit Prices
Total
5.00% 330
THERMITE KIT 115# LF 14.57 $5,049
5.00%
SPIKE TRACK 5/8'X 6",50 Ib Keg EA 8 58.00 $4875.00% CN 5
PLATE TIE PANDROL 7-3/4X 15"-5-1/2 115# 0 21.28 $112
5.00/o
Clips for Pandrol Plates --- - EA 20 9.07 $190
Plate Holding Screws EA 40 1.78 $75
S.ODk EA 80 1.25 $105
Angle Bars,115RE,36" 5.00%
Taper Rail, 115RE190RA PR 8 43.86 $368
TRACK 7 X 9"X 8'6" HWD#1 5.00% EA 4 1,200.00 $5,040
BALLAST ROAD _ S.OD% EA 10 38.00 $399
,
.CONCRETE CROSSING MATERIAL(Startrack) 5.00% TON 200 8.50 $1 7855.00%
TF 118 330.00 $40,714
7 nfZ
Operations Special Capital Project Estimate
Renew Rainbow Dr.With a Concrete Crossing US Region
Technical Services
Homewood, IL
STATE COST SUMMARY
Estimate: Renew Rainbow Dr.With a Concrete Crossing
Location: West Waterloo
Company Name: Chicago Central &Pacific
Subdivision Name: Waterloo
Mile Post: Northland Oil Lead
z
LABOR $12,177
MATERIAL $57,040
OTHER 142,545
PROJECT TOTAL $111,762
CN SHARE OF REIMBURSABLE COST(20%): $22,352
��Ez
EXHIBIT "C"
STANDARD TITLE VI ASSURANCES
The Chicago, Central &Pacific Railroad(hereinafter referred to as the 'Recipient")HEREBY AGREES
THAT AS a condition to receiving any Federal financial assistance from the Department of Transportation it
will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4
(hereinafter referred to as the Act), and all requirements imposed by or pursuant to Title 49, Code of Federal
Regulation,Department of Transportation, Subtitle A, Office of the Secretary,Part 21,Nondiscrimination in
Federally assisted programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights
Act of 1964 (hereinafter referred to as the Regulations) and other pertinent directives, to the end that in
accordance with the Act, Regulations, and other pertinent directives,no person in the United States shall, on
the grounds of race, color, gender, or national origin,be excluded from participation in,be denied the
benefits of, or be otherwise subjected to discrimination under any program or activity for which the
Recipient receives Federal financial assistance from the Department of Transportation, including the Federal
Highway Administration, and HEREBY GIVES ASSURANCE THAT it will promptly take any measures
necessary to effectuate this agreement. This assurance is required by subsection 21.7(a) (1) of the
Regulations, a copy of which is attached.
More specifically and without limiting the above general assurance,the Recipient hereby gives the following
specific assurances with respect to its at grade highway crossing improvement program,
1. That the Recipient agrees that each "program "and each "facility" as defined in subsections 21. 23 (e)
and 21.23(b) of the Regulations,will be(with regard to a"program")conducted, or will be(with regard
to a"facility") operated in compliance with all requirements imposed by, or pursuant to, the
Regulations.
2. That the Recipient shall insert the following notification in all solicitations for bids for work or material
subject to the Regulations made in connection with the at grade highway crossing improvement
ro am and, in adapted form in all proposals for negotiated agreements.
The Chicago, Central &Pacific Railroad in accordance with Title VI of the Civil Rights Act of 1964,
78 Stat. 252, 42 U.S.C. 2000d-2000d-4 and Title 49, Code of Federal Regulations,Department of
Transportation, Subtitle A, Office of the Secretary,Part 21, Nondiscrimination in Federally assisted
programs of the Department of Transportation issued pursuant to such Act,hereby notifies all bidders
that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority
business enterprises will be afforded full opportunity to submit bids in response to this invitation and
will not be discriminated against on the grounds of race, color, gender, or national origin in
consideration for an award.
3. That the Recipient shall insert the clauses of Appendix A of this assurance in every contract subject to
the Act and Regulations.
4. That the clauses of Appendix B of this assurance shall be included as a covenant running with the land,
in any deed from the United States effecting a transfer of real property, structures, or improvements
thereon, or interest therein.
5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a
facility,the assurance shall extend to the entire facility and facilities operated in connection therewith.
6
FAX t 10. :i00 332 3814 SeP• 20 200h 02:21F4.1 Fl '1
6. That where the Recipient receives Federal financial assistance in the form, or for the acquisition ofreal
propel ty or and interest in real property,the assurance shall extend to right to space on,over tinder
such property„
7.. That the Recipient shall include the appropriate clauses set forth in Appendix C of this assurance, as a
covenant funning with the land,in any flrttu•e deeds, leases,permits, .licenses, and similar agreetnents
entered into by the Recipient with other parties: (a)for the subsequent transfer of real property acquired
or improved under the AUrade highway crossing imn
rovMlent program; and(b)for the construction or
1180 of'or access to space on, over,or ander real property acquired, or,improved wider the at n ode
I�iwad crossing improvement n o ram
8., That this assurance obligates the Recipient for the period during which.Federal financial assistance is
extended to the program, except where the Fodoral financial assistance is to provide,or is the form,of,
personal property,or real property or interest therein or structures or improvements thereon in which
case the assurance obligates the Recipient or any transferee for the longer of the following periods: (a)
the period during which the property is used for a purpose for which the Federal financial assistance is
extended, or for another purpose involving the provision of similar services or benefits; or(b) the
period during which the Recipient retains ownership or possession of the property.
9.. The Recipient shall provide for such methods of administration for the program as are found by the
Secretary ofTransportation,or the official,to whom he/she delegates specific authority, to give
reasonable guarantee that it, other recipients, subgrantees, contractors, subconaactors,transferees,
successors in interest, and other participants of Federal financial assistance rider such program will
comply with all requirements imposed by, or pursuant to,the Act, the Regulations and this assurance,
10 Ilse Recipient agrees that the United States has a right to seek judicial enforcement with regard to any
matter arising under,the Act,the Regulations, and tlr s assurance_
THIS ASSURANCE is given in consideration of and for the pu,pose of obtaining oily and all Federal grants,
loans,contracts,property,discorurts or other Federal financial assistance extended after the date hereof to the
Recipient by the Department of Transportation under the at tirade Iehwav crossing impr'ovemeut program
and is binding on it, other recipients, subgrantees, contractors,subcontractors, transferees, successors in
interest and other participants in the a_l grade highway crossing unnrovement uroaram.. The person or persons
whose signatures appear below ars authorized to sign this assurance on behalf of the Recipient..
Datedlef
f
Attachmonts
Appendices A, B, C
7
APPENDIX A
During the performance of this contract,the contractor, for itself, its assignees and successors in interest
(hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations: The contractor shall comply with the Regulations relative to
nondiscrimination in Federally-assisted programs of the Department of Transportation(hereinafter,
"DOT')Title 49, Code of Federal Regulations,Part 21, as they may be amended from time to time,
(hereinafter referred to as the Regulations),which are herein incorporated by reference and made a part
of this contract.
2. Nondiscrimination: The contractor,with regard to the work performed by it during the contract, shall
not discriminate on the grounds of race, color, gender or national origin in the selection and retention of
subcontractors, including procurement of materials and leases of equipment. The contractor shall not
participate either directly or indirectly in the discrimination prohibited by section 21.5 of the
Regulations,including employment practices when the contract covers a program set forth in Appendix
B of the Regulations.
3. Solicitations for Subcontracts. Including Procurement of Materials and Equipment: In all solicitations
either by competitive bidding or negotiation made by the contractor for work to be performed under a
subcontract, including procurement of materials or leases of equipment, each potential subcontractor or
supplier shall be notified by the contractor of the contractor's obligations under this contract and the
Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
4. Information and Reports: The contractor shall provide all information and reports required by the
Regulations or directives issued pursuant there to, and shall permit access to its books,records,
accounts, other sources of information, and its facilities as may be determined by the Iowa Department
of Transportation or Federal Highway Administration to be pertinent to ascertain compliance with such
Regulations, orders and instructions. Where any information required of a contractor is in the exclusive
possession of another who fails or refuses to furnish this information the contractor shall so certify to
the Iowa Department of Transportation or the Federal Highway Administration as appropriate, and
shall set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the
nondiscrimination provisions of this contract, the Iowa Department of Transportation shall impose such
contract sanctions as it or the Federal Highway Administration may determine to be appropriate,
including, but not limited to:
a. withholding of payments to the contractor under the contract until the contractor complies, and/or
b cancellation,termination or suspension of the contract, in whole or in part
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6. Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1)through (6)
in every subcontract, including procurement of materials and leases of equipment, unless exempt by
the Regulations, or directives issued pursuant thereto. The contractor shall take such action with
respect to any subcontract or procurement as the Iowa Department of Transportation or the Federal
Highway Administration may direct as a means of enforcing such provisions including sanctions for
non-compliance: Provided, however,that, in the event a contractor becomes involved in, or is
threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor
may request the Iowa Department of Transportation to enter into such litigation to Protect the
interests of the Iowa Department of Transportation and, in addition, the contractor may request the
United States to enter into such litigation to protect the interests of the United States.
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APPENDIX B
The following clauses shall be included in any and all deeds effecting or recording the transfer of real
property, structures or improvements thereon, or interest therein from the United States.
GRANTING CLAUSE
NOW, THEREFORE,the Department of Transportation, as authorized by law, and upon the condition that
the Chicago, Central &Pacific Railroad will accept title to the lands and maintain the project constructed
thereon, in accordance with Title 23,United States Code, the Regulations for the Administration of The
Federal Aid Program and the policies and procedures prescribed by the Federal Highway Administration of
the Department of Transportation and, also in accordance with and in compliance with all requirements
imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A,
Office of the Secretary,Part 21,Nondiscrimination in Federally-assisted programs of the Department of
Transportation(hereinafter referred to as the Regulations)pertaining to and effectuating the provisions of
Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d to 2000d-4), does hereby remise,
release, quitclaim and convey unto Chicago, Central&Pacific Railroad all the right, title and interest of the
Department of Transportation in and to said lands described in Exhibit "A" attached hereto and made a part
hereof.
HABENDUM CLAUSE
TO HAVE AND TO HOLD said lands and interests therein unto Chicago, Central &Pacific Railroad and its
successors forever, subject,however,to the covenants, conditions-restrictions and reservations herein
contained as follows,which will remain in effect for the period during which the real property or structures
are used for a purpose for which Federal financial assistance is extended or for another purpose involving the
provision of similar services or benefits and shall be binding on the Chicago, Central &Pacific Railroad, its
successors and assigns.
Chicago, Central&Pacific Railroad in consideration of the conveyance of said lands and interests in lands,
does hereby covenant and agree as a covenant running with the land for itself,its successors and assigns, that
(1) no person shall on the grounds of race, color, or national origin, be excluded from participation in,be
denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly
or in part on, over or under such lands hereby conveyed [,] [and]* (2)that the Chicago, Central &Pacific
Railroad shall use the lands and interests in lands and interests in lands so conveyed, in compliance with all
requirements imposed by or pursuant to Title 49, Code of Federal Regulations,Department of
Transportation, Subtitle A, Office of the Secretary,Part 21, Nondiscrimination in Federally-assisted
programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and
as said Regulations may be amended, and(3)that in the event of breach of any of the above-mentioned
nondiscrimination conditions, the Department shall have a right to re-enter said lands and facilities on said
land, and the above described land and facilities shall thereon revert to and vest in and become the absolute
property of the Iowa Department of Transportation and its assigns as such interest existed prior to this
instruction.*
*Reverter clause and related language to be used only when it is determined that such a clause is necessary in
order to effectuate the purpose of Title VI of the Civil Rights Act of 1964.
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APPENDIX C
The following clauses shall be included in all deeds, licenses, leases,permits, or similar instruments entered
into by the Chicago, Central &Pacific Railroad,pursuant to the provisions of Assurance 7(a).
The (grantee, license,lessee,permittee, etc., as appropriate) for himself/herself, his/her heirs,personal
representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby
covenant and agree(in the case of deeds and leases and "as a covenant running with the land")that in the
event facilities are constructed,maintained, or otherwise operated on the said property described in this
(deed, license, lease,permit, etc.)for a purpose for which a Department of Transportation program or
activity is extended or for another purpose involving the provision of similar services or benefits, the
(grantee, licensee, lessee,permittee, etc.,) shall maintain and operate such facilities and services in
compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle A, Office of the Secretary,Part 21,Nondiscrimination in
Federally-assisted programs of the Department of Transportation-Effectuation of Title VI of the Civil
Rights Act of 1964, and as said Regulations may be amended.
Include in licenses, leases permits etc.*
That in the event of breach of any of the above nondiscrimination covenants,the Iowa Department of
Transportation, shall have the right to terminate the(license, lease,permit, etc.) and to re-enter the repossess
said land and the facilities thereon, and hold the same as if said(license, lease,permit, etc.)had never been
made or issued.
Include in deeds*
That in the event of breach of any of the above nondiscrimination covenants,the Iowa Department of
Transportation, shall have the right to re-enter said lands and facilities thereon, and the above described lands
and facilities shall thereupon revert to and vest in and become the absolute property of the Iowa Department
of Transportation and its assigns.
The following shall be included in all deeds, licenses, leases,permits or similar agreements entered into by
the Chicago, Central &Pacific Railroad,pursuant to the provisions of Assurance 7(b).
The (grantee,licensee, lessee,permittee, etc., as appropriate) for himself/herself,his/her personal
representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby
covenant and agree(in the case of deeds, and leases add "as a covenant running with the land")that (1)no
person on the ground of race, color, sex,or national origin shall be excluded from participation in, denied the
benefits of, or otherwise be subjected to discrimination in the use of said facilities, (2)that in the
construction of any improvements on, over or under such land and the furnishing of services thereon, no
person on the ground of race, color, sex,or national origin shall be excluded from participation in, denied the
benefits of, or other-wise be subjected to discrimination, (3) that the(grantee, licensee, lessee,permittee,
etc.) shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49,
Code of Federal Regulations,Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Federally-assisted programs of the Department of Transportation-Effectuation of Title
VI of the Civil Rights Act of 1964, and as said Regulations may be amended.
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Include in licenses leases permits etc.*
That in the event of breach of any of the above nondiscrimination covenants, the Iowa Department of
Transportation, shall have the right to terminate the (license, lease,permittee, etc.) and to re-enter and
repossess said land and the facilities thereon, and hold the same as if said (license, lease,permit, etc.) had
never been made or issued.
Include in deeds*
That in the event of breach of any of the above nondiscrimination covenants, the Iowa Department of
Transportation, shall have the right to re-enter said land and facilities thereon, and the above described lands
and facilities shall thereupon revert to and vest in and become the absolute property of the Iowa Department
of Transportation, and its assigns.
*Reverter clause and related language to be used only when it is determined that such a clause is necessary
in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.
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