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Chapter Five AGREEMENTS - Illinois Department of Transportation

Chapter Five AGREEMENTS - Illinois Department of Transportation

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BUREAU OF LOCAL ROADS & STREETS<br />

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

In contested cases, ICC issues a proposed order where all affected parties are given an<br />

opportunity to comment within a specified time frame, usually 2 weeks, before the final order is<br />

issued.<br />

5-6.06(e) Stipulated Agreement Procedures<br />

Generally, the local agency initiates the stipulated agreement procedure by contacting ICC in<br />

writing or by phone and requesting that a meeting be scheduled. However, a railroad or IDOT<br />

may also request a meeting. Because the nature <strong>of</strong> the proposed crossing improvements may<br />

vary considerably, ICC contacts each affected party regarding the necessary preparation prior<br />

to the meeting.<br />

On the date and time mutually agreed upon, all affected parties meet at the site and discuss the<br />

crossing needs and possible solutions. Should it be determined at the meeting that the project<br />

meets the minimum warrants under the ICC’s stipulated agreement procedures and all parties<br />

are in agreement with the improvements and division <strong>of</strong> cost, ICC will prepare a stipulated<br />

agreement for signature by all parties; see Section 5-7.06(c). Prior to the circulation <strong>of</strong> a<br />

stipulated agreement, all necessary cost estimates (e.g., signals, surfaces, approaches, bridge<br />

construction) must be submitted to ICC. After all parties execute the stipulated agreement, ICC<br />

will issue an order for completion <strong>of</strong> work.<br />

If the proposed project does not satisfy the requirements for a stipulated agreement or there is<br />

disagreement among the parties regarding the proposed work or division <strong>of</strong> cost, any affected<br />

party (e.g., local agency, railroad, IDOT) may petition ICC for a hearing; see Section 10-2.01(f).

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