Iowa Admin. Code r. 761-821.3 - Procedures for the use of grade crossing surface repair funds
(1)
Use
of funds. A portion of the repair fund, not to exceed 50 percent in
any fiscal year, shall be set aside to meet critical or atypical needs. In
identifying priorities for the set-aside funds, criteria including, but not
limited to, the following shall be considered:
a. Condition of the crossing.
b. Safety concerns.
c. Utilization of the rail line.
d. Train and motor vehicle traffic density at
the site. Special consideration may be given to heavy truck traffic.
e. Recent or planned development or
construction in the vicinity of the crossing.
(2)
Notification to
department. If a railroad and a jurisdiction agree to use the repair
fund for grade crossing surface repair, written notification of the action
signed by both parties shall be sent to the department.
a. The notification shall include the
American Association of Railroads-Department of Transportation (AAR-DOT)
crossing number, the total estimated cost of the repair, and a statement that
the railroad and the jurisdiction each agree to pay 20 percent of the cost of
the repair.
b. Notification shall
be accepted by the department in order of receipt.
(3)
Processing an agreement.
a. The department shall determine if the
agreed-upon work constitutes grade crossing surface repair and may consult with
the jurisdiction or the railroad if further information is needed.
b. If the work constitutes grade crossing
surface repair and when funds are available in the repair fund, the department
shall request that the jurisdiction and railroad provide cost estimates for the
work for which each party is responsible. Upon receipt of the estimates, the
department will furnish an agreement for grade crossing surface repair to the
railroad and jurisdiction.
c. The
railroad and the jurisdiction shall sign the agreement and return it to the
department.
d. The department
shall:
(1) Approve the agreement and obligate
from the repair fund an amount equal to 60 percent of the cost of the
agreed-upon work.
(2) Sign the
agreement, retain one copy of the fully executed agreement, transmit one copy
to the jurisdiction, and transmit one copy to the railroad, authorizing work to
proceed.
(4)
Preaudit. Prior to approval of the agreement, the department
may perform a preaudit evaluation of the railroad.
The preaudit evaluation may include an examination of the railroad's accounting methods and procedures to determine the railroad's ability to segregate and accumulate costs to be charged against the surface repair project; an examination of the railroad's cost factors to ensure their propriety and allowability; and an examination of any other general information available which might be pertinent or necessary in determining the railroad's auditability.
(5)
Review of completed project. Upon completion of the
agreed-upon work, the department, the railroad and the jurisdiction shall
review the project to determine satisfactory completion.
(6)
Project billing and
payment.
a. The railroad shall
submit to the jurisdiction and the department a final detailed billing covering
the actual and necessary costs incurred by the railroad for the agreed-upon
work.
b. The jurisdiction and the
department shall review the billing for reasonable conformance with the
agreement. The department may audit the billing to determine the allowability
and propriety of the billing costs in accordance with the agreement.
c. Once the department approves the billing,
the department shall pay to the railroad from the repair fund an amount equal
to 60 percent of the actual project cost of the agreed-upon work.
d. The jurisdiction shall pay to the railroad
an amount equal to 20 percent of the actual cost of the agreed-upon
work.
Notes
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