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R-15-00 02/14/2000RESOLUTION RESOLUTION AUTHORIZING APPROVAL OF THE STIPULATED AGREEMENT BETWEEN THE VILLAGE OF LEMONT, THE ILLINOIS CENTRAL RAILROAD, AND THE STATE OF ILLINOIS WHEREAS, the Illinois Commerce Commission has mandated a revision to the traffic signal timing at Stephens Street and Main Street; and WHEREAS, the Village is required to execute a "STIPULATED AGREEMENT' between the Village, the Illinois Central Railroad, and the State of Illinois to perform this work. NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees that the "STIPULATED AGREEMENT' attached hereto as Exhibit A is hereby approved. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DU PAGE, ILLINOIS ON THIS 14TH day of February , 2000. John Benik Debby Blatzer Keith Latz Connie Markiewicz Richard Rimbo Mary Studebaker AYES NAYS PASSED ABSENT CHARLENE SMOLLEN, Village Clerk Approved by me this 14th day of Febru ATTEST: CHARLENE SMOLLEN, Village Clerk Approved to form: Village Attorney Date: i'u AS r SKI, resident STATE OF ILLINOIS ILLINOIS COMMERCE COMMISSION /Mr. Richard A. Kwasneski Village President Village of Lemont 418 Main Street Lemont, IL 60439 -3708 Mr. Darrell McMurray Bureau of Local Roads & Streets Illinois Department of Transportation 2300 South Dirksen Parkway Springfield, IL 62764 RE: Village of Lemont Stephen Street (DOT 289 735J) Gentlemen: January 3, 2000 Mr. Tom Zeinz Engineer - Public Works Illinois Central Railroad Company 17641 South Ashland Avenue Homewood, Illinois 60430 -1345 JAN Enclosed please find a copy of Stipulated Agreement No. 780 concerning improvements at the referenced grade crossing in the Village of Lemont, Cook County with the tracks of the Illinois Central Railroad Company. In accordance with the procedures for initiation and execution of the Stipulated Agreement, the parties will execute the agreement within 60 days from the date of mailing and return the signature page and any resolution required to our office or the terms of the agreement shall be renegotiated cr declared void. You may retain the copy of the agreement for your files. We urge all parties to act expeditiously in executing the agreement so that the Commission will be in a position to enter an early Order in this matter. Very truly yours, Michael E. Stead Railroad Safety Program Administrator 527 East Capitol Avenue, P.O. Box 19280, Springfield, Illinois 62794-9280, (TDD # (217) 782 -74341 STATE OF ILLINOIS ILLINOIS COMMERCE COMMISSION STIPULATED AGREEMENT This agreement made and entered into, by and between the State of Illinois acting by and through the Illinois Commerce Commission hereinafter referred to as the "Commission ", the Illinois Central Railroad Company hereinafter referred to as the "Company ", the Village of Lemont, hereinafter referred to as the "Village" and the State of Illinois, Department of Transportation, hereinafter referred to as the "Department ". WITNESSETH: WHEREAS, it has come to the attention of the Commission that inquiry should be made into the matter of improving public safety at the grade crossing of the Company's tracks with Stephen Street (DOT 289 735J) in Lemont, Cook County, Illinois; and WHEREAS, proper investigation has been made of the circumstances surrounding the aforesaid rail- highway grade crossing by the Department, the Company, and Commission's Railroad Section Staff; and WHEREAS, the parties are mutually agreeable to accomplish the proposed improvement upon a determination of the Commission by Order. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements as hereinafter contained, the parties pray that the Commission enter an Order according to the provisions of Section 18c -7401 of the Illinois Commercial Transportation Law requiring that certain improvements as hereinafter stated be made and that the cost for the proposed improvements be divided among the parties according to law and that, in the interest of the statewide traveling public, the Grade Crossing Protection Fund of the Motor Fuel Tax Law be required to bear a substantial portion of the cost; To Wit the parties agree as follows: Section 1: All improvements encompassed by this agreement shall be made in accordance with all applicable State laws, rules, standards, regulations and orders and procedures in general. Section 2: The parties are of the opinion that in the interest of public safety the following improvement should be made: a. the Company should modify constant warning time circuitry at the Stephen Street grade crossing to provide for a minimum of 25 seconds simultaneous preemption time for the existing interconnected traffic signals; Section 3: The Company has preparNd an estimate of cost to accomplish the proposed control circuitry work which it may be required to perform; said estimate is attached as Exhibit A, and shall upon Order, according to the requirements contained therein, prepare general layout plans and any required specifications for the proposed improvement for the approval of the Commission and the Department. 1 Section 4: The Company shall upon the Commission's Order, according to the requirements contained therein, proceed toward the completion of its work proposed herein accomplishing the improvement with its own forces or appropriate contracted services and agrees that an appropriate time for the submission of plans should be two (2) months, the submission of a progress report should be three (3) months and for completion of the work should be twelve (12) months from the date the Commission's Order is entered approving this Agreement. Said progress report shall include the name, title, mailing address, phone number and facsimile number of the Company employee responsible for management of the project. Section 5: The parties hereto agree that an equitable division of cost to perform the proposed improvement should be: a. the cost for the Company to perform the railroad control circuitry work at the Stephen Street grade crossing as set forth on attached Exhibit A, estimated to be $26,970, should be allocated 100% of the actual cost, not to exceed $26,970, to the Grade Crossing Protection Fund of the Motor Fuel Tax Law, and any remaining cost, and all future cost of operation and maintenance, to the Company. Section 6: The Village agrees to post a readily visible notice inside its traffic signal cabinet at Stephen Street and Main Street, for the traffic signals interconnected with the warning devices at Stephen Street, notifying its personnel not to alter the railroad preemption sequence for its traffic signals in a manner which would reduce the amount of time vehicles encroaching the track zone would have to clear the Company's tracks without Commission approval. An actual size copy of such notice shall be submitted to the Commission's Railroad Safety Program Administrator for approval before being installed. Section 7: The Company agrees to post a readily visible notice inside its railroad signal cabinet, at the Stephen Street crossing, notifying railroad personnel not to take any action which would result in a reduction of the required minimum railroad preemption time without Commission approval. An actual size copy of such notice shall be submitted to the Commission's Railroad Safety Program Administrator for approval before being installed. Section 8: This agreement shall be binding upon the parties hereto, their successors or assigns. Upon execution of this agreement by all parties, the Commission shall within 60 days enter an appropriate order accepting or rejecting such stipulation according to the provisions contained herein. Section 9: All bills for expenditures authorized to be reimbursed from the Grade Crossing Protection Fund shall be submitted to the Director of Processing and Information, Transportation Division of the Commission; the final bill for expenditures shall be clearly marked "Final Bill ", and authorization for reimbursement from the Grade Crossing Protection Fund shall expire and the Department shall de- obligate all residual Grade Crossing Protection Fund money twelve (12) months after the completion date specified in the Order. Section 10: The Company shall file a written report with the Director of Processing and Information of the Commission within fifteen (15) days of the conclusion of each calendar quarter, stating the status of expenditures of the total project and percentage of completion of the project; if the project is behind schedule the report must include a brief explanation of the 2 reason (s) for the delay. In Witness Whereof, the parties have caused this agreement to be executed by their duly authorized officers, as of the dates indicated herein. Executed by the Commission this 3rd day of January, 2000. Attest: Railroad Section 3 Michael E. Stead Railroad Safety Program Administrator Fxk,btâ–º4 28 -JAN -1999 PAGE 1 ILLINOIS CENTRAL RAILROAD ENGINEERING DEPARTMENT OFFICE OF GENERAL MANAGER -C &S Lemont, IL Est 1023 -901 Estimated cost of Signal work to modify control circuits at Stephen Street. Northern Region Val Sec I1 -11 ITEM DESCRIPTION UNIT TOTAL QUANTITY UNIT COST COST FAPG CABLE,12c /14,121 -D (0) 2000. FEET @ 1.77 3540.00 DAX MODULE,80016 2. EACH @ 1134.00 2268.00 RELAY,ST,500 OHM,400004 4. EACH @ 504.00 2016.00 MISC.SIGNAL MATERIAL 1. L.S. @ 500.00 500.00 5 MAN GANG 4. DAY @ 1000.00 4000.00 PRELIMINARY ENGINEERING CONSTRUCTION ENGINEERING SUMMARY 1. L.S. @ 2000.00 2000.00 1. L.S. @ 275.00 275.00 MATERIAL 8324.00 * HANDLING 0.0610 507.76 LABOR 4000.00 ENGINEERING 2275.00 ACCOUNTING 500.00 COMPOSITE ADD. - DIRECT LABOR 1.0706 4282.40 COMPOSITE ADD. -ENG 1.0088 -ACCT 1.0706 2830.32 SUBSISTENCE 1000.00 RENTAL OF EQUIPMENT 800.00 CONTINGENCIES 2450.52 TOTAL COST 26970.00 Illinois Commerce Commission Stipulated Agreement No. 780 concerning improvements at the Stephen Street grade crossing of the Illinois Central Railroad Company tracks in the Village of Lemont, Illinois, designated as crossing AAR /DOT 289 735J (milepost 25.10AO). Executed by the Village of Lemont this 14th day of February VIL E OF LEMONT 114 , 2000. (Title) Richard A. Kwasneski, Village President Attest: Charlene Smollen, Village Clerk 1 RESOLUTION RESOLUTION AUTHORIZING APPROVAL OF THE STIPULATED AGREEMENT BETWEEN THE VILLAGE OF LEMONT, THE ILLINOIS CENTRAL RAILROAD, AND THE STATE OF ILLINOIS WHEREAS, the Illinois Commerce Commission has mandated a revision to the traffic signal timing at Stephens Street and Main Street; and WHEREAS, the Village is required to execute a "STIPULATED AGREEMENT' between the Village, the Illinois Central Railroad, and the State of Illinois to perform this work. NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees that the "STIPULATED AGREEMENT" attached hereto as Exhibit A is hereby approved. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DU PAGE, ILLINOIS ON THIS l4T" day of February , 2000. AYES NAYS PASSED ABSENT John Benik Debby Blatzer Keith Latz Connie Markiewicz Richard Rimbo Mary Studebaker CHARLENE SMOLLEN, Village Clerk Approved by me this 14th day of February , 2000. RICHARD A. KWASNESKI, Village President ATTEST: CHARLENE SMOLLEN, Village Clerk pproved to form: Village Attorn ,/ Date: