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Chapter Five AGREEMENTS - Illinois Department of Transportation

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BUREAU OF LOCAL ROADS & STREETS<br />

5-6(2) <strong>AGREEMENTS</strong> Jan 2005<br />

8. Identify the selected method <strong>of</strong> construction (e.g., State or local let contract, railroad or<br />

local forces).<br />

9. Note if concurrence in the award <strong>of</strong> the contract is required.<br />

10. Provide a division <strong>of</strong> cost showing funding responsibilities and the type <strong>of</strong> funds being<br />

used.<br />

11. Identify the method <strong>of</strong> payment and/or reimbursement by each party.<br />

12. Note the local agency appropriation for their share <strong>of</strong> the cost.<br />

13. For federally funded projects, include any statements regarding DBEs. Note the DBE<br />

program being followed by the local agency if it is a locally let contract.<br />

14. Identify who is responsible for railroad adjustments and the salvage <strong>of</strong> old equipment.<br />

15. Identify who is responsible for maintenance <strong>of</strong> the completed work (e.g., crossing<br />

surfaces, warning signals, power lines, roadway approaches).<br />

16. If protection work is involved, the agreement must stipulate that the work conforms to the<br />

ICC Requirements for Railroad-Highway Grade Crossing Protection and to the <strong>Illinois</strong><br />

Manual on Uniform Traffic Control Devices.<br />

17. Note who is responsible for the retention <strong>of</strong> records for inspections, audits, etc.<br />

Railroads must retain records for 3 years after completion <strong>of</strong> the project.<br />

18. Identify the proposed completion date <strong>of</strong> the project.<br />

19. Provide provisions in the agreement to allow termination <strong>of</strong> the project.<br />

20. Include a statement that IDOT audits railroad bills for work performed by railroad forces<br />

in accordance with FHWA requirements on all projects involving the use <strong>of</strong> State or<br />

federal funds.<br />

5-6.03 Preparation and Execution<br />

Typically, the local agency or the local agency’s consultant will prepare the railroad and local<br />

agency agreement. At the request <strong>of</strong> a local agency, the Central BLRS can provide assistance<br />

to the local agency during the agreement preparation process. The draft agreement is<br />

circulated among the affected parties and is sent to the district, the local agency, the railroad,<br />

and the Central BLRS for corrections/comments. Once corrected, the agreement is executed<br />

by all parties.<br />

Upon review <strong>of</strong> the draft agreement by IDOT, the local agency arranges with the railroad to<br />

have an estimate <strong>of</strong> cost and plans submitted to the district for approval prior to execution <strong>of</strong> the<br />

agreement.<br />

A minimum <strong>of</strong> three original agreements should be provided by the appropriate parties.<br />

Additional original agreements should be included, if more than one local agency and/or railroad<br />

is a party to the agreement.

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