Resolution 2019-21 Resolution No. 2019-21
A RESOLUTION OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS,
APPROVING A PUBLIC ROAD CROSSING AGREEMENT
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a duly
organized and validly non-home rule municipality created in accordance with the Constitution of
the State of Illinois of 1970 and the laws of this State; and,
WHEREAS,the City and the Kendall County Forest Preserve District(the"District")have
determined that it is in the public interest that Hoover Drive should cross the railroad tracks of
Illinois Railway, LLC (the "Railroad") for access to the District's Forest Preserve; and,
WHEREAS, in order to procure federal funds through the Illinois Department of
Transportation for the construction of warning devices and crossing gates (the "Project") to
provide safe access, the City was a necessary party and joined with the District as parties to a
Railroad-Highway Grade Crossing Improvements Local Public Agency Agreement; and,
WHEREAS, construction of the Project has been completed and the Railroad now
proposes to license the use of the public crossing over Hoover Drive pursuant to the terms set
forth in the Public Road Crossing License attached hereto and made a part hereof(the "License");
and,
WHEREAS, pursuant to the License, the City is named as the Co-Licensee while the
District is named the Licensee and made solely responsible for any and all obligations pertaining
to the construction, use and maintenance of this public crossing.
NOW,THEREFORE,BE IT RESOLVED,by the Mayor and City Council of the United
City of Yorkville, Kendall County, Illinois, as follows:
Section 1. That the Public Road Crossing License by and among Illinois Railway, LLC,
the Licensor, Kendall County Forest Preserve District, the Licensee, and the United City of
Resolution No.2019-21
Page 1
Yorkville, Co-Licensee, in the form attached hereto and presented to this meeting, is hereby
approved and the Mayor is hereby authorized to execute same.
Section 2. That this Resolution shall be in full force and effect from and after its passage
and approval as provided by law.
Passed by the Mayor and City Council of the United City of Yorkville, Kendall County,
Illinois this 13th day of August, 2019.
KEN KOCH AYE DAN TRANSIER AYE
JACKIE MILSCHEWSKI AYE ARDEN JOE PLOCHER AYE
CHRIS FUNKHOUSER AYE JOEL FRIEDERS AYE
SEAVER TARULIS AYE JASON PETERSON AYE
APPROVED:
Mayor
Attest:
•
QY6da PeeAPA,t
City Clerk
Resolution No.2019-21
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Agreement No 408698
Revision Date:June 6,2019
PUBLIC ROAD CROSSING LICENSE
THIS PUBLIC ROAD CROSSING LICENSE is made this 1St day of August,2019
by and between the Illinois Railway, LLC (hereinafter "Licensor"), Kendall County Forest
Preserve District (hereinafter "Licensee") and the United City of Yorkville (hereinafter "Co-
Licensee"). Licensor and Licensee may sometimes be referred to as a "Party" or collectively as
the "Parties". Co-Licensee is made party to this license by way of FHA-IDOT specifications but
is not subject to the same terms and conditions as Licensee and is not an included member of
Party or Parties as described above.
RECITALS:
Licensee and Co-Licensee desire the construction, maintenance and use of a public road
crossing (hereinafter "Road Crossing"), consisting of gravel, asphalt, or concrete roadway
approaches, a 32 foot wide asphalt, crossing surface and all appurtenances thereto, including but
not limited to any gates, cattle guards, stop signs, identification signs, drainage facilities, on, over
and across the Licensor's right of way and tracks at the Kendall County Forest Preserve, located
at Mile Post 51.59, at or near the United City of Yorkville, in Kendall County, Illinois, in the
location shown on the attached map and legally described in Exhibit A, attached and
incorporated herein.
Licensor is willing to grant Licensee a license to use Licensor's right-of-way, subject to
the terms and conditions set forth below.
NOW THEREFORE,the Parties, intending to be legally bound, agree as follows:
ARTICLE I. LICENSOR GRANTS LICENSE
A. Licensor grants Licensee a license to use that portion of the Licensor's right-of-
way for a roadway and to cross its right of way and tracks at the location shown on Exhibit A,
subject to the terms and conditions set forth herein. In consideration of the license and permission
granted herein, Licensee agrees to observe and abide by the terms and conditions of this License
and to pay to the Licensor, in advance, a license fee of Two Thousand Dollars ($2,000.00) for
each and every year or fractional part thereof during the term of this License or any renewal
thereof. Licensor will not execute this license until it receives a signed agreement from Licensee
and in no event is entry under this license permitted until Licensor has executed it.
B. The payment by Licensee of any sum(s) in advance shall not create an irrevocable
license for the period for which the same is/are paid. Licensor reserves the right to periodically
adjust the rent herein at any time, by giving notice at any time, independent of the term of this
License of such adjustment to Licensee at least thirty(30) days prior to the effective date of such
adjustment. Such adjustments shall not exceed 1.3% per annum and license fee will not exceed
Seven Thousand Five Hundred Dollars ($7,500.00)per annum. Occupation of the Road Crossing
by Licensee after such effective date shall be at such adjusted rent.
C. Licensee shall pay to Licensor an additional sum of money equal to one and one half
I
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Agreement No 408698
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percent (1.5%) per month (18% per annum) of the total unpaid license fee stated above, any
adjusted license fee due pursuant to Article I B, and any additional charges provided for in this
License in the event said license fee, adjusted license fee or additional charges is not received by
Licensor within thirty(30)days from the date it is due and payable.The finance charge continues to
accrue daily until the date payment is received by Licensor,not the date payment is made or the date
postmarked on the payment.
ARTICLE II. CONSTRUCTION OF ROAD CROSSING
A. Subject to applicable law and the fmal ORDER of the State Of Illinois, Illinois
Commerce Commission, case T16-0003 attached and incorporated herein as Exhibit B, Licensor
shall furnish the materials for and install the portion of the Road Crossing lying between the rails
of the tracks and for one (1) foot on the outside of each rail, the active railroad warning devices,
and raise, or cause to be raised, any interfering wire line of Licensor. In performing this work,
Licensor shall perform such work as is necessary to comply with the final ORDER attached as
Exhibit B, and Licensor shall be reimbursed for the Licensor's costs pursuant to the STATE OF
ILLINOIS DEPARTMENT OF TRANSPORTATION AGREEMENT for Railway-Highway
Grade Crossing Improvements Local Public Agency, attached and incorporated herein as Exhibit
C, entered into by the Licensor and Co-Licensee. Neither Licensee nor Co-Licensee shall be
responsible for assuming or reimbursing Licensor costs associated with scope of work
performed under the fmal ORDER or STATE OF ILLINOIS DEPARTMENT OF
TRANSPORTATION AGREEMENT.
B. Licensee, at its sole cost and expense, shall furnish all labor and material and
perform all grading and surfacing work necessary for the construction, maintenance, repair or
renewal of the remaining portion of the Road Crossing and install any and all appurtenant gates,
fences, cattle guards, drainage facilities, traffic signs, and traffic devices shown on Exhibit A.
Plans for construction shall be approved in advance by Licensor in writing and the construction
work shall be done to the satisfaction of Licensor. Prior to entry on Licensor's property to do its
work on construction, Licensee shall contact Licensor's Chief tngineei or agent for approval, in
writing, of Licensee's plan for construction and to arrange for necessary naggers and safety
supervisors, at Licensee's sole cost and expense.
ARTICLE III. ROADWAY TO SERVE AS PUBLIC CROSSING
The Road Crossing serves as a public crossing pursuant to letter attached as exhibit B.
ARTICLE IV. USE
Licensee shall have no right to use or cross any other portion of Licensor's property,
unless by separate agreement, or to use the Road Crossing for any purposes other than as
expressly permitted herein, and Licensee, as a further consideration, cause and condition without
which this License would not have been granted, agrees to restrict its use to those purposes.
Licensee shall not do or permit to be done any act which will in any manner interfere
with, limit,restrict, obstruct, damage, interrupt, or endanger rail operations or facilities.
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ARTICLE V. SIGHTING AT CROSSING
Where Licensee's property adjoins Licensor's property, in the vicinity of the Road
Crossing, Licensee shall keep its property free of bushes, trees, weeds, vegetation and all other
obstructions of any kind that could interfere with a motor vehicle operator sighting an
approaching train.
Licensee acknowledges that Licensor has no obligation or duty to reduce the speed of its
trains, nor alter its operations in any manner, owing to the presence or existence of the Road
Crossing or other use or exercise of the license granted herein. Licensee assumes, at its own risk
and expense, sole responsibility for the installation of additional signs, signals or other warning
devices as deemed by the Co-licensee as necessary or appropriate for the safety of persons using
the Road Crossing and specifically acknowledges that Licensor has no obligation or duty
whatever to make any such determination. If the installation of any signs, signals or warning
devices on the Road Crossing is hereafter required by law or by competent public authority, or is
otherwise requested by Licensee, same shall conform to any then currently applicable practices
of Licensor for such devices as to design, material and workmanship and all costs incurred by
Licensor related to the installation, operation, maintenance, renewal, alteration and upgrading
thereof shall be solely borne by Licensee, with the exception of the materials, equipment, and
improvements installed under the STATE OF ILLINOIS DEPARTMENT OF
TRANSPORTATION AGREEMENT.
ARTICLE VI. INSURANCE
Licensee shall purchase and maintain insurance as specified below covering this Road
Crossing, all the work, services, and obligations assumed or performed hereunder, from the
Effective Date until termination,unless the duration is stated to be otherwise,with insurance
companies assigned a current Financial Strength Rating of at least A and Financial Size Category
of X by A. M. Best Company:
A. Commercial General Liability Insurance written on an occurrence basis subject
to limit of$1,000,000 each occurrence for bodily injury,property damage,personal injury, libel
and/or slander with an annual aggregate limit of no less than$2,000,000. Policy coverage is to be
based on usual Insurance Services Office policy forms to include,but not be limited to:
Operations and Premises Liability, Completed Operations and Products Liability, Personal Injury
and Advertising Liability, and Contractual Liability Insurance. Completed Operations coverage
is to be maintained for a period of not less than three(3)years after the termination or
cancellation of this License. General Liability policies procured by Licensee shall be amended to
delete all railroad exclusions including exclusions for working on or within fifty feet(50')of any
railroad property and affecting any railroad bridge or trestle, tracks,road-beds,tunnel,underpass
or crossing(CG 24 17 endorsement or equivalent).
B. Workers' Compensation and Employers' Liability Insurance providing
statutory workers'compensation benefits mandated under applicable state law and Employers'
Liability Insurance subject to a minimum limit of$1,000,000 each accident for bodily injury by
accident, $1,000,000 each employee for bodily injury by disease, and$1,000,000 policy limit for
bodily injury by disease. If coverage is provided through a monopolistic state fund, a stop gap
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Agreement No 408698 •
Revision Date:June 6,2019
endorsement on either the Commercial General Liability or Workers'Compensation Policy is
required to meet the Employers'Liability Insurance requirement.
C. Business Automobile Liability Insurance subject to a minimum limit of
$1,000,000 each accident for bodily injury and property damage. Policy coverage shall be based
on Insurance Services Office policy forms referred to as Business Automobile Policy to cover
motor vehicles owned, leased,rented,hired or used on behalf of Licensee. If applicable to this
License and applicable under federal law,Licensee shall provide an MCS 90 endorsement.
D. Umbrella Liability Insurance written on an occurrence basis subject to a limit of
$4,000,000 each occurrence for bodily injury,property damage,personal injury, libel and/or
slander. Policy coverage is to be at least as broad as primary coverages. Umbrella coverage is to
be maintained for a period of not less than three(3)years after the termination or cancellation of
this License. Umbrella Liability shall apply to Commercial General Liability, Employers'
Liability, and Business Automobile Liability Insurances.
The required limits of insurance may be satisfied by a combination of Primary
and Umbrella or Excess Liability Insurance.
E. All insurance required of Licensee with the exception of Workers'Compensation
and Employers'Liability shall include Licensor and any subsidiary,owner,parent or affiliates of
Licensor, and their respective partners, successors, assigns,legal representatives,officers,
directors,members,managers,agents, shareholders, and employees("Required Parties") as
additional insured and include wording which states that the insurance shall be primary and not
excess over or contributory with any insurance carried by Licensor and its affiliates. With respect
to Commercial General Liability Insurance,Required Parties shall be included as additional
insured for Ongoing Operations and for Completed Operations to the extent permitted by law.
All insurance shall provide Licensor a minimum of thirty(30) days' advance
written notice of insurer's intent to cancel or otherwise terminate policy coverage.
F. If Licensee cannot obtain an occurrence based policy for any required coverage,
the policy may be written on a claims-made basis with a retroactive date on or before the
Effective Date of this License. Licensee shall maintain such policy on a continuous basis. If
there is a change in insurance companies or the policy is canceled or not renewed, Licensee
shall purchase an extended reporting period of not less than three(3)years after the License
termination date.
G. Licensee shall file with Licensor on or before the Effective Date of this
License a valid certificate of insurance for all required insurance policies. Each
certificate shall identify the Required Parties as additional insured as required and state
that Licensor shall receive a minimum of thirty(30) days'advance written notice of
insurer's intent to cancel or otherwise terminate policy coverage. Licensee shall supply
updated certificates of insurance that clearly evidence the continuation of all coverage
in the same manner, limits of protection, and scope of coverage as required by this
License. All insurance policies required of Licensee shall include a waiver of any right
of subrogation written in favor of Required Parties.
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H. Notwithstanding the foregoing,Licensee may self-insure for any of the
above required insurance coverages subject to the requirements specified in this
paragraph. Licensee shall provide Licensor with audited financial statements and
Licensor may, at its discretion,which shall not be unreasonably withheld,deem such
fmancial statements acceptable prior to authorizing Licensee to self-insure. Licensee
shall provide a letter of self-insurance to Licensor specifically stating which lines of
coverage are self-insured and the amount of self-insurance maintained. The amount of
any excess insurance that attaches to self-insurance below the required limits of
insurance shall be identified in the letter and evidenced on a certificate of insurance.
This letter of self-insurance shall be signed by Licensee's Risk Manager or another
designated authorized signatory. With respect to Workers' Compensation, Licensee
shall also provide state-issued self-insured authorization documents to Licensor,where
applicable by state law.
I. Licensee represents that this License has been thoroughly reviewed by
Licensee's insurance agent or broker who have been instructed by Licensee to procure
the insurance coverage required by this License. Upon signature of this License and
renewal of insurance,if Licensee fails to maintain or provide evidence to Licensor of any
insurance coverage required under this License,Licensor may terminate this License
effective immediately.
J. Licensee's compliance with obtaining the required insurance coverage shall in
no way limit the indemnification rights and obligations specified in this License.
Licensor, and all subcontractors of the Licensor shall purchase and maintain insurance as
specified below covering work requested by the Co-licensee and approved and performed by the
Licensor within the Road Crossing, including all the work, services, and obligations assumed or
performed hereunder, from the Effective Date until termination,unless the duration is stated to
beotherwise,with insurance companies assigned a current Financial Strength Rating of at least
A and Financial Size Category of X by A. M. Best Company:
A. Commercial General Liability Insurance written on an occurrence basis subject
to limit of$1,000,000 each occurrence for bodily injury,property damage,personal injury, libel
and/or slander with an annual aggregate limit of no less than$2,000,000. Policy coverage is to be
based on usual Insurance Services Office policy forms to include,but not be limited to:
Operations and Premises Liability, Completed Operations and Products Liability, Personal Injury
and Advertising Liability, and Contractual Liability Insurance. Completed Operations coverage
is to be maintained for a period of not less than three(3)years after the termination or
cancellation of this License. General Liability policies procured by Licensor shall be amended to
delete all railroad exclusions including exclusions for working on or within fifty feet(50')of any
railroad property and affecting any railroad bridge or trestle,tracks,road-beds,tunnel,underpass
or crossing(CG 24 17 endorsement or equivalent).
B. Workers' Compensation and Employers' Liability Insurance providing
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Agreement No 408698
Revision Date:June 6,2019
statutory workers' compensation benefits mandated under applicable state law and Employers'
Liability Insurance subject to a minimum limit of$1,000,000 each accident for bodily injury by
accident, $1,000,000 each employee for bodily injury by disease, and$1,000,000 policy limit for
bodily injury by disease. If coverage is provided through a monopolistic state fund, a stop gap
endorsement on either the Commercial General Liability or Workers'Compensation Policy is
required to meet the Employers'Liability Insurance requirement.
C. Business Automobile Liability Insurance subject to a minimum limit of
$1,000,000 each accident for bodily injury and property damage. Policy coverage shall be based
on Insurance Services Office policy forms referred to as Business Automobile Policy to cover
motor vehicles owned, leased,rented,hired or used on behalf of Licensee. If applicable to this
License and applicable under federal law,Licensor shall provide an MCS 90 endorsement.
D. Umbrella Liability Insurance written on an occurrence basis subject to a limit of
$4,000,000 each occurrence for bodily injury,property damage,personal injury, libel and/or
slander. Policy coverage is to be at least as broad as primary coverages. Umbrella coverage is to
be maintained for a period of not less than three(3)years after the termination or cancellation of
this License. Umbrella Liability shall apply to Commercial General Liability, Employers'
Liability, and Business Automobile Liability Insurances.
The required limits of insurance may be satisfied by a combination of Primary
and Umbrella or Excess Liability Insurance.
E. All insurance required of Licensor with the exception of Workers'Compensation
and Employers'Liability shall include Co-licensee, and their respective partners, successors,
assigns, legal representatives,officers, and employees("Required Parties")as additional insured
and include wording which states that the insurance shall be primary and not excess over or
contributory with any insurance carried by Co-licensee and its affiliates. With respect to
Commercial General Liability Insurance,Required Parties shall be included as additional insured
for Ongoing Operations and for Completed Operations to the extent permitted by law.
All insurance shall provide Co-licensee a minimum of thirty(30) days'advance
written notice of insurer's intent to cancel or otherwise terminate policy coverage.
F. If Licensor cannot obtain an occurrence based policy for any required coverage,
the policy may be written on a claims-made basis with a retroactive date on or before the
Effective Date of this License. Licensor shall maintain such policy on a continuous basis. If
there is a change in insurance companies or the policy is canceled or not renewed, Licensee
shall purchase an extended reporting period of not less than three(3)years after the License
termination date.
G. Licensor shall file with Co-licensee on or before the Effective Date of
this License a valid certificate of insurance for all required insurance policies. Each
certificate shall identify the Required Parties as additional insured as required and state
that Co-licensee shall receive a minimum of thirty(30) days' advance written notice of
insurer's intent to cancel or otherwise terminate policy coverage. Licensor shall supply
updated certificates of insurance that clearly evidence the continuation of all coverage
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• Agreement No 408698
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in the same manner, limits of protection, and scope of coverage as required by this
License. All insurance policies required of Licensor shall include a waiver of any right
of subrogation written in favor of Required Parties.
H. Notwithstanding the foregoing,Licensor may self-insure for any of the
above required insurance coverages subject to the requirements specified in this
paragraph. Licensor shall provide Co-licensee with audited fmancial statements and
Licensee may, at its discretion,which shall not be unreasonably withheld, deem such
financial statements acceptable prior to authorizing Licensor to self-insure. Licensor
shall provide a letter of self-insurance to Co-licensee specifically stating which lines of
coverage are self-insured and the amount of self-insurance maintained. The amount of
any excess insurance that attaches to self-insurance below the required limits of
insurance shall be identified in the letter and evidenced on a certificate of insurance.
This letter of self-insurance shall be signed by Licensor's Risk Manager or another
designated authorized signatory. With respect to Workers' Compensation,Licensor
shall also provide state-issued self-insured authorization documents to Co-licensee,
where applicable by state law.
I. Licensor represents that this License has been thoroughly reviewed by
Licensor's insurance agent or broker who have been instructed by Licensor to procure
the insurance coverage required by this License. Upon signature of this License and
renewal of insurance, if Licensor fails to maintain or provide evidence to Co-licensee of
any insurance coverage required under this License, Co-licensee may terminate this
License effective immediately.
J. Licensor's compliance with obtaining the required insurance coverage shall in
no way limit the indemnification rights and obligations specified in this License.
ARTICLE VII. TERM
This License shall take effect as of May 1,2019 and,unless sooner terminated as hereinafter
provided, shall continue in force so long as such use as herein defined continues. Notwithstanding
the foregoing, either Party may terminate this Agreement, for any reason, upon giving not less than
thirty(30)days written notice to the other Party. Termination of this Agreement shall not affect any
liabilities or obligations of the Parties which accrued prior to such termination.
ARTICLE VIII. LICENSEE INDEMNITY
A. Licensee acknowledges that persons and property on or near the Road Crossing,
whether during construction, installation, use, maintenance or relocation are in constant danger
of injury, death or destruction, incident to the operation of the railroad tracks, whether by
Licensor or others, and Licensee accepts this License subject to such dangers.
B. LICENSEE, AS FURTHER CONSIDERATION AND AS A CONDITION
WITHOUT WHICH THIS LICENSE WOULD NOT HAVE BEEN GRANTED,AGREES
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TO INDEMNIFY AND SAVE HARMLESS LICENSOR AND ANY SUBSIDIARY,
MANAGEMENT COMPANY, PARENT, OWNERS AND AFFILIATES OF LICENSOR,
AND THEIR RESPECTIVE PARTNERS, SUCCESSORS, ASSIGNS, LEGAL
REPRESENTATIVES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, AGENTS,
SHAREHOLDERS AND EMPLOYEES (THE "INDEMNITEES") AND TO ASSUME
ALL RISK, RESPONSIBILITY AND LIABILITY FOR DEATH OF, OR INJURY TO,
ANY PERSONS, INCLUDING, BUT NOT LIMITED TO, OFFICERS, EMPLOYEES,
AGENTS, PATRONS AND LICENSEES OF THE PARTIES, AND FOR LOSS,
DAMAGE OR INJURY TO ANY PROPERTY, INCLUDING BUT NOT LIMITED TO,
THAT BELONGING TO THE PARTIES (TOGETHER WITH ALL LIABILITY FOR
ANY EXPENSES, ATTORNEYS' FEES AND COSTS INCURRED OR SUSTAINED BY
THE INDEMNITEES, WHETHER IN DEFENSE OF ANY SUCH CLAIMS, DEMANDS,
ACTIONS AND CAUSES OF ACTION OR IN THE ENFORCEMENT OF THE
INDEMNIFICATION RIGHTS HEREBY CONFERRED) ARISING FROM, GROWING
OUT OF, OR IN ANY MANNER OR DEGREE DIRECTLY OR INDIRECTLY CAUSED
BY, ATTRIBUTABLE TO, OR RESULTING FROM THE GRANT OF THIS LICENSE,
OR THE CONSTRUCTION, MAINTENANCE, REPAIR, RENEWAL, ALTERATION,
CHANGE, RELOCATION, EXISTENCE, PRESENCE, USE, OPERATION, OR
REMOVAL OF ANY STRUCTURE INCIDENT THERETO, OR FROM ANY
ACTIVITY CONDUCTED ON OR OCCURRENCE ORIGINATING ON THE AREA
COVERED BY THE LICENSE, EXCEPT TO THE EXTENT CAUSED BY THE SOLE,
GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY SEEKING
INDEMNIFICATION. LICENSEE FURTHER AGREES TO RELEASE AND
INDEMNIFY AND SAVE HARMLESS THE INDEMNITEES FROM ALL LIABILITY
TO LICENSEE, ITS OFFICERS, EMPLOYEES, AGENTS OR PATRONS, RESULTING
FROM RAILROAD OPERATIONS AT OR NEAR THE AREA IN WHICH THIS
LICENSE IS TO BE GRANTED, EXCEPT TO THE EXTENT CAUSED BY THE SOLE,
GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY SEEKING
INDEMNIFICATION.
C. THE RISKS OF INJURY TO OR DEATH OF PERSONS AND LOSS OR
DAMAGE TO PROPERTY HEREIN ASSUMED BY LICENSEE, SHALL INCLUDE,
BUT SHALL NOT BE LIMITED TO, CONTRACTORS, EMPLOYEES, OR INVITEES
OF EITHER OF THE PARTIES, AND WHETHER OR NOT SUCH INJURY TO OR
DEATH OF PERSONS SHALL ARISE UNDER ANY WORKMEN'S COMPENSATION
ACT OR FEDERAL EMPLOYERS' LIABILITY ACT.
D. LICENSEE SHALL, AT ITS SOLE COST AND EXPENSE, JOIN IN OR
ASSUME,AT THE ELECTION AND DEMAND OF LICENSOR,THE DEFENSE OF ANY
CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION HEREUNDER ARISING.
THE WORD "LICENSOR"AS USED IN THIS INDEMNITY SECTION SHALL INCLUDE
THE ASSIGNS OF LICENSOR AND ANY OTHER RAILROAD COMPANY THAT MAY
BE OPERATING UPON AND OVER THE TRACKS IN THE VICINITY OF THE ROAD
CROSSING.
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E. AS A PRECONDITION TO LICENSEE'S INDEMNIFICATION
OBLIGATIONS UNDER THIS SECTION, THE INDEMNITEES WILL (i) FULLY
COOPERATE WITH LICENSEE IN ANY INVESTIGATION AND PROVIDE LICENSEE
WITH ALL INFORMATION IN THE POSSESSION OR CONTROL OF THE
INDEMNITEES RELATING TO ANY MATTER FOR WHICH THE INDEMNITEES
SEEK INDEMNIFICATION, AND (ii) PROVIDE LICENSEE WITH TIMELY NOTICE
OF ANY MATTER OR INCIDENT FOR WHICH THE INDEMNITEES MAY MAKE A
CLAIM FOR INDEMNIFICATION BY LICENSEE.
ARTICLE IX. LICENSOR INDEMNITY
A. Licensor acknowledges that persons and property on or near the Road Crossing,
whether during construction, installation, use, maintenance or relocation are in constant danger
of injury, death or destruction, incident to the operation of the railroad tracks, whether by
Licensee or others, and Licensor accepts this License subject to such dangers.
B. LICENSOR, AS FURTHER CONSIDERATION AND AS A CONDITION
WITHOUT WHICH THIS LICENSE WOULD NOT HAVE BEEN GRANTED, AGREES
TO INDEMNIFY AND SAVE HARMLESS LICENSEE AND ANY SUBSIDIARY,
MANAGEMENT COMPANY, PARENT, OWNERS AND AFFILIATES OF LICENSEE,
AND THEIR RESPECTIVE PARTNERS, SUCCESSORS, ASSIGNS, LEGAL
REPRESENTATIVES, OFFICERS, DIRECTORS, EMPLOYEES (THE
"INDEMNITEES") AND TO ASSUME ALL RISK, RESPONSIBILITY AND
LIABILITY FOR DEATH OF, OR INJURY TO, ANY PERSONS, INCLUDING, BUT
NOT LIMITED TO, OFFICERS, EMPLOYEES, AGENTS, PATRONS AND
LICENSEES OF THE PARTIES, AND FOR LOSS, DAMAGE OR INJURY TO ANY
PROPERTY, INCLUDING BUT NOT LIMITED TO, THAT BELONGING TO THE
PARTIES (TOGETHER WITH ALL LIABILITY FOR ANY EXPENSES,ATTORNEYS'
FEES AND COSTS INCURRED OR SUSTAINED BY THE INDEMNITEES,WHETHER
IN DEFENSE OF ANY SUCH- CLAIMS, DEMANDS, ACTIONS AND CAUSES OF
ACTION OR IN THE ENFORCEMENT OF THE INDEMNIFICATION RIGHTS
HEREBY CONFERRED) ARISING FROM, GROWING OUT OF, OR IN ANY
MANNER OR DEGREE DIRECTLY OR INDIRECTLY CAUSED BY,
ATTRIBUTABLE TO, OR RESULTING FROM THE GRANT OF THIS LICENSE, OR
THE CONSTRUCTION, MAINTENANCE, REPAIR, RENEWAL, ALTERATION,
CHANGE, RELOCATION, EXISTENCE, PRESENCE, USE, OPERATION, OR
REMOVAL OF ANY STRUCTURE INCIDENT THERETO, OR FROM ANY
ACTIVITY CONDUCTED ON OR OCCURRENCE ORIGINATING ON THE AREA
COVERED BY THE LICENSE, EXCEPT TO THE EXTENT CAUSED BY THE SOLE,
GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE,PARTY SEEKING
INDEMNIFICATION. LICENSOR FURTHER AGREES TO RELEASE AND
INDEMNIFY AND SAVE HARMLESS THE INDEMNITEES FROM ALL LIABILITY
TO LICENSOR,ITS OFFICERS,EMPLOYEES,AGENTS OR PATRONS,RESULTING
FROM RAILROAD OPERATIONS AT OR NEAR THE AREA IN WHICH THIS
LICENSE IS TO BE GRANTED, EXCEPT TO THE EXTENT CAUSED BY THE SOLE,
GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PARTY SEEKING
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Agreement No 408698
Revision Date:June 6,2019
INDEMNIFICATION.
F. THE RISKS OF INJURY TO OR DEATH OF PERSONS AND LOSS OR
DAMAGE TO PROPERTY HEREIN ASSUMED BY LICENSOR, SHALL INCLUDE,
BUT SHALL NOT BE LIMITED TO, CONTRACTORS, EMPLOYEES, OR INVITEES
OF EITHER OF THE PARTIES, AND WHETHER OR NOT SUCH INJURY TO OR
DEATH OF PERSONS SHALL ARISE UNDER ANY WORKMEN'S COMPENSATION
ACT OR FEDERAL EMPLOYERS' LIABILITY ACT.
G. LICENSOR SHALL, AT ITS SOLE COST AND EXPENSE, JOIN IN OR
ASSUME,AT THE ELECTION AND DEMAND OF LICENSEE,THE DEFENSE OF ANY
CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION HEREUNDER ARISING.
THE WORD "LICENSEE"AS USED IN THIS INDEMNITY SECTION SHALL INCLUDE
THE ASSIGNS OF LICENSEE.
H. AS A PRECONDITION TO LICENSOR'S INDEMNIFICATION
OBLIGATIONS UNDER THIS SECTION, THE INDEMNITEES WILL (i) FULLY
COOPERATE WITH LICENSOR IN ANY INVESTIGATION AND PROVIDE
LICENSOR WITH ALL INFORMATION IN THE POSSESSION OR CONTROL OF THE
INDEMNITEES RELATING TO ANY MATTER FOR WHICH THE INDEMNITEES
SEEK INDEMNIFICATION, AND (ii) PROVIDE LICENSOR WITH TIMELY NOTICE
OF ANY MATTER OR INCIDENT FOR WHICH THE INDEMNITEES MAY MAKE A
CLAIM FOR INDEMNIFICATION BY LICENSEE.
ARTICLE X. ADDITIONAL PROVISIONS
A. Crossing Maintenance Subject to the final ORDER attached as Exhibit B Licensor
shall be responsible for the cost of any and all maintenance necessary on the Road Crossing and any
and all appurtenances thereto.
B. Restoration Upon termination of this License, Licensor shall have the option to
promptly remove the Road Crossing from Licensor's property, and restore said property to its prior
condition, or a condition satisfactory to Licensor's authorized representative all at the sole cost and
expense of Licensee. Licensor acting as the agent of Licensee, may perform such restoration as is
necessary in the judgment of Licensor, and Licensee shall,on demand,promptly reimburse Licensor
the cost thereof, plus fifteen(15%)percent thereon as a charge for the supervision, accounting, and
use of tools.
C. Assignment This License and all of the provisions herein contained shall be binding
upon the Parties, their heirs, executors, administrators, successors and assigns, and both Licensee
and Licensor agree to supply notice in writing to Licensor and Licensee of any name changes.
Licensee and Licensor agree not to assign this License or any interest therein, without the consent
of Licensor or Licensee in writing, which consent shall not be unreasonably withheld, and any and
every attempted assignment without prior written consent shall be void and of no effect. In the
event of any assignment, Licensee and Licensor shall at all times remain fully responsible and
Page 10 of 40
DocuSign Envelope ID:4678EC70-4384-40E8-8323-B989710B07F4
• Agreement No 408698
Revision Date:June 6,2019
liable for the compliance of all of its obligations under the terms, provisions and covenants of this
License.
D. Liens Licensee further indemnifies Licensor against any and all liens that may be
placed against Licensor's property in the course of construction, maintenance, repair or renewal
of the Road Crossing, and agrees to immediately satisfy any liens so placed.
E. Temporary Closure In the event of an emergency or hazard, at the sole discretion of
Licensor,Licensor may temporarily close the Road Crossing to respond to emergency or hazard.
F. Exhibits All exhibits attached hereto are incorporated as if fully set forth herein.
G. Notice required under this License shall be deemed given when deposited in the
U.S. Mail,postage prepaid, at the address set forth below:
Licensor: Illinois Railway, LLC
Attn: Director—Real Estate
252 Clayton Street,4th Floor
Denver, Colorado 80206
Licensee: Kendall County Forest Preserve District
110 West Madison Street
Yorkville,IL 60560
Attn: Executive Director
Co-Licensee: United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
Attn: City Administrator
I. Venue This License shall be governed under the laws of the State of Illinois,
Kendall County, Illinois, and venue shall be proper in the federal or state court of that State for
any action arising under the terms of this License or performance thereof.
J. Currency Unless otherwise indicated, all currencies and amounts shown on this
Agreement are in U.S. dollars.
Page 11 of 40
DocuSign Envelope ID:4678EC70-438440E8-8323-B989710B07F4
Agreement No 408698
Revision Date:June 6,2019
IN WITNESS WHEREOF, the Parties have caused this License to be executed in duplicate as of
the date of execution as set forth below:
Licensor: Illinois Railway,LLC
o.eu$I nsd by:
C({I�I�tXf aa.SSt&u,
By:
10W520 12521413...
Printed name:
Hubert Gassner
Title: CFO
Date: 02 August 2019
Licensee: Kendall County Forest Preserve District
B# 7-747) `�,�c,2oz. .4717'./
Pnnted name: J ��, c;4r) u v
Title: 7/ / ,7 7L
Date: g -z) -/5'
Co-Licensee: United 'P of Yorkville
By:
Printed name: J OI-}rl ?UR C
Title: M A-YO R
Date: /l //41//
Page 12 of 40
DocuSign Envelope ID:4678EC70-4384-40E8-8323-B989710B07F4
Agreement No 408698
Revision Date:June 6,2019
Exhibit A
Agreement No 408698
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Page 13 of 40
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nal port of 'he'cast Hof of Section 36, Township .37 North, Range 6 East of the Third Principal 0
ye.-.d.or and that cart of Section 31, Township 37 North, Range 7 Eost of the Third Principal Meridian 03
inc tha; part 3':the North Half of Section 6, Township .36 North, Range 7 East of the Third Principal OV
.der,.d,or described as follows' Beginning at the Northeast Corner of Lot 10 in "Fox Glen. Kendall 'n
'owrsh,p. Kendal, County. Illinois". thence North 61'10'23" Eoet, along the South Line of the former ?
ql,r'ngton and Santa Fe Railroad, 1843.32 feet to a point of curvature in said South Line: thence
;n'+neasterfy. along said South Line. being a tangential curve to the left with a radius of 1482.89 feet, an
,'c ;'stance of jf 3.60 feet to a concrete monument on the West Line of "River's Edge — Phase Two" in
'=n "ty of Yorkvd,e. Kendall County, Illinois; thence South 1725'41" East, along said West Line,
2' r 'eel, thence South 64'39'44" West, parallel with the centerline of Fox Road. 264.0 feet; thence
bp� a your '"25'4'" Fast, 300.08 feet to the centerline of Fox Rood; thence South 64'39'44" West, along
tlq So '.o.0 ,entert,.ne, 753,68 feet to a point of curvature in sold centerline: thence Southwesterly, along o
(D a '.nngential curve to the leftwith a radius of 14324.0 feet. on arc distance of 419.16 feet: thence South
F+ - 52'59'08" West, tangent to the lost described course, 873.63 to the Southeast Corner of said "Fox Glen":
A o *',encs worth 71'4.''02" West, along the East Line of said "Fox Glen". 785.41 feet to the point of
O
M Iraq•^ ^-q and also that port of said Sections 36. 31 and 6 described as follows. Beginning at the
A ^tersect or of the North Gne of the former Burlington and Santo Fe Railroad with the West Line of
p -..i_- ::age F"ose One- .n the City of Yorkville. Kendall County, Illinois; thence North 1730'25"
':est .Nang said West Line. 2783.0 feet to the South Bank of the Fox River: thence Southwesterly, along
too 'South Bank, 4668.58 feet to the West Line of a Tract conveyed by Lawrence E. pope and Helen G.
°nosn,s wife, and described .n Warranty Deed recorded in Book 118 at Page 412 on August 21, 1958:
'hence South 08'29'48" East, along said West Line. 3954.0 feet to said North Line of the former
aL.-'.ngtoc and Santo Fe Railroad; thence North 61'10'23" East. along said North Line, 4874.10 feet to a
,1",". o1 curvature ,n sold North Line: thence Northeasterly, along said North Line, being a tangential
e to the left with a radius of 1382.69 feet, on arc distance of 612.52 feet to the point of beginning in
a'0 Kenooll Townships, Kendall County, r:Enois and containing 408.352 ..,.res.
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DocuSign Envelope ID:4678EC70-4384-40E8-8323-B989710B07F4
Agreement No 408698
Revision Date:June 6,2019
Exhibit B
STATE OF ILLINOIS
ILLINOIS COMMERCE COMMISSION
United City of Yorkville, Kendall County, Illinois, •
a municipal corporation
•
Petitioner •
•
v. : T16-0003
Illinois Railway, LLC,a subsidiary of OmniTRAX, •
And Illinois Department of Transportation •
Respondents •
•
Petition for assignment of an Association of American Railroads :
(AAR) grade crossing inventory number for Hoover Road, a :
dedicated public street, including approval of installing active :
warning devices across railroad track at grade.
ORDER
By the Commission:
On December 18, 2015,the United City of Yorkville ("Petitioner"or"City")filed its
Petition requesting the assignment of an MR crossing number for Hoover Road,a public
right-of-way, including permission to install active warning devices at the Hoover Road
grade crossing of the Illinois Railway's("IR")track,located in the City of Yorkville, Kendall
- County;Illinois.
No party contested the requests of the Petition or filings.
PROCEDURAL HISTORY
Pursuant to notice, the matter came on for hearing before a duly authorized
Administrative Law Judge("AU")of the Commission at the Commission's Chicago office
on July 6, 2016. Petitioner and Respondents were represented by counsel. An
appearance was also entered by Brian Vercruysse, Senior Railroad Safety Specialist,
representing the Commission's Transportation Bureau,Railroad Section("Staff"). At the
hearing the parties indicated that coordination has taken place with all parties,including
a meeting on June 16,2016 with representatives from the IL Railway.
Page 15 of 40
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Agreement No 408698 '
Revision Date:June 6,2019
Exhibit B
T16-0003
Transportation(IDOT),utilizing the 23 USC Section 130 Safety Fund. Such devices are,
by public convenience and necessity,required to provide safe and efficient access to the
Hoover Forest Preserve.
RESPONDENT IL RAILWAY'S POSITION
IL Railway did not appear at the hearing,and has not filed an objection to the City's
Petition.
STAFF'S POSITION
Staff has no objection to the City's Petition. Staff concurs that the general public
already utilizes the crossing to enter the Hoover Forest Preserve and in the interest of
public safety the crossing should have active warning devices consisting of flashing light
signals,gates, and bell controlled by constant warning time(CWT)circuitry. Staff notes
that the Company must submit warning device plans for Staff approval by filing a Form 3
of Section 1535 of Title 92 of the Illinois Administrative Code. The Company is also
required to file an updated USDOT Inventory form.
Staff believes that the IR should provide a cost information to all parties for the
installation of the new warning devices within 60 days from the date of this Order. All
work should be completed within 12 months from the date of this Order.
PROPOSED ORDER
A Proposed Order was served on the Parties on September 1,2016. No Briefs on
Exceptions were filed.
FINDINGS AND ORDERING PARAGRAPHS
The Commission, having given due consideration to the Petition, is of the opinion
and finds that:
(1) The Commission has jurisdiction over the parties and the subject matter of
this proceeding;
(2) The recitals of fact as set forth in the prefatory portion of this Order are
supported by the record and are hereby adopted as findings of fact;
(3) The United City of Yorkville,Illinois,is an Illinois municipal corporation with
jurisdiction over Hoover Road and its designation should be changed from
private to public;
3
Page 16 of 40
DocuSign Envelope ID:4678EC70-4384-40E8-8323-B989710B07F4
Agreement No 408698
Revision Date:June 6,2019
Exhibit B
T16-0003
IT IS FURTHER ORDERED that any person making a Request for an Extension
of Time up to 30 days to complete a project ordered by the Commission must file a request
with the Director of Processing and Information no later than 14 days in advance of the
scheduled deadline. An Administrative Law Judge will consider and decide the request.
IT IS FURTHER ORDERED that any person making a Request for an Extension
of Time that exceeds 30 days must file a Petition for Supplemental Order with the Director
of Processing and Information no later than 21 days in advance of the scheduled deadline.
The Commission will decide Petitions for Supplemental Orders.
IT IS FURTHER ORDERED that Requests for Extension of Time and Petitions for
Supplemental Orders must include the reason(s) the additional time is needed to
complete the work and the time within which the project will be completed. Prior to
submitting a Request for Extension of Time or a Petition for Supplemental Order, the
person must notify the Commission's Rail Safety Program Administrator that it is unable
to complete the project within the ordered timeframe.
IT IS FURTHER ORDERED that the Commission or its Administrative Law Judge
reserves the right to deny Petitions for Supplemental Orders and Requests for Extension
of Time, if the reason(s)supporting the request is(are) insufficient or where it appears
the person has not made a good faith effort to complete the project within the allotted
time. Failure of the Commission or Administrative Law Judge to act on a pleading prior
to the deadline means the originally ordered completion date remains in effect.
IT IS FURTHER ORDERED that,subject to Section 18c-2201 and 18c-2206 of the
Law,this is a final decision of the Commission subject to Administrative Review Law.
By Order of the Commission this 28th day of September 2016.
2
BRIEN SHEAHAN
CHAIRMAN
JUS -
S.rs1TION CHIEF
ORDEiiS SUPERVISOR
5
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Agreement No 408698 '
Revision Date:June 6,2019
Exhibit B
STATE OF ILLINOIS
cs,
ILLINOIS COMMERCE COMMISSSION
United City of Yorkville, Illinois,a municipal corporation,
Petitioner,
v
Illinois Railway,LLC
430 West Madison Street
Ottawa, Illinois 61350
And
116-0003
Illinois Department of Transportation,
And SERVED
ELECTRONICALLY
OmniTRAX OR BY MAIL
252 Clayton Street
Fourth Floor
Denver,Colorado 80206,
Respondents
Petition for assignment of an Association of American Railroads
(AAR) grade crossing inventory number for Hoover Road, a
dedicated public street,including approval of installing active warning
devices across railroad track at grade.
TO ALL COUNSEL OF RECORD:
ADMINISTRATIVE LAW JUDGE'S PROPOSED ORDER
Attached is a copy of the Administrative Law Judge's Proposed Order in the above referenced
matter.—
The Administrative Law Judge's Proposed Order is being sent to you pursuant to the
Commission's Rules of Practice(83 III.Adm.Code 200). Your case is a"contested case"or"licensing
case"as defined in Section 200.40 of the Rules and,therefore,the Administrative LawJudge is required
under Section 200.820 to issue a Proposed Order to all parties.
Under Section 200.830 of the Rules,exceptions to the Proposed Order and replies thereto may
be filed by the parties within the time periods established by the rules or such other times as fixed by
the Administrative Law Judge. The times for filing Briefs on Exceptions and Briefs in Reply to
Exceptions are 14 days and seven days,respectively.
Entered: August 31,2016
da ej /141arj
Latrice Kirkland-Montaque
Chief Administrative Law Judge
LKM:rsc Review&Examination Program
537 East Capitol Avenue,6th Moor,Springfield,Illinois 6a7oi
Page 18 of 40
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Agreement No 408698
Revision Date:June 6,2019
Exhibit B
Docket Number—T16-0003
Service List
Kathleen Field Orr David Guritz
Kathleen Field Orr&Associates Kendall County Forest Preserve District
53 W.Jackson Blvd.,Suite 964 110 West Madison Street
Chicago,IL 60604 * Yorkville,IL 60560 *
kfo@kfoassoc.com
Omer Osman Gary Golinski
Director of Highways-IDOT Mayor
2300 South Dirksen Parkway,Room 205 City of Yorkville
Springfield,IL 62764 * 800 Game Farm Road
jason.johnson@illinois.gov Yorkville,IL 60560 *
Fax:(630)553-7575
John T.Sharkey Brian A.Vercruysse
CTC,Inc. Rail Safety Specialist
37W890 Acorn Lane Railroad Section
Elgin,IL 60124 * Illinois Commerce Commission
jsharkey@ctcinc.com 527 East Capitol Avenue
Springfield,IL 62701 *
bvercruy@icc.illinois.gov
William M.Barnes Jennifer R.Kuntz
Chief Counsel Assistant Chief Counsel
Illinois Department of Transportation Illinois Department of Transportation
2300 South Dirksen Parkway 2300 South Dirksen Parkway,Room 313
Springfield,IL 62764 Springfield,IL 62764 *
william.m.bames@illinois.gov jennifer.kuntz@illinois.gov
Lawrence D.Parrish Tommy Gibson
Assistant Chief Counsel Divisional General Manger
Illinois Department of Transportation Illinois Railway,Inc.
100 W.Randolph,Ste.6-600 430 West Madison
Chicago,IL 60601 * Ottawa,IL 61350 '
Iawrence.parrish@illinois.gov tgibson@omnitrax.com
-- Jason Scott
Vice President Signals and Communications
OmniTRAX,Inc.,for Illinois Railway,LLC
252 Clayton Street,4th Floor
Denver,CO 80206
jpscott@omnitrax.com
*Active Parties -2-
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Agreement No 408698 '
Revision Date:June 6,2019
Exhibit B
STATE OF ILLINOIS
ILLINOIS COMMERCE COMMISSION
United City of Yorkville, Kendall County, Illinois, •
a municipal corporation •
•
Petitioner •
•
v. : T16-0003
Illinois Railway, LLC,a subsidiary of OmniTRAX,
and •
Illinois Department of Transportation •
•
Respondents •
Petition for assignment of an Association of American Railroads :
(AAR) grade crossing inventory number for Hoover Road, a :
dedicated public street, including approval of installing active :
warning devices across railroad track at grade.
PROPOSED ORDER
By the Commission:
On December 18, 2015, the United City of Yorkville ("Petitioner" or"City")filed its
Petition requesting the assignment of an AAR crossing number for Hoover Road,a public
right-of-way, including permission to install active warning devices at the Hoover Road
grade.crossing of.the.11linois Railway's("IR")track, located in the City of Yorkville, Kendall-_
County, Illinois.
No party contested the requests of the Petition or filings.
PROCEDURAL HISTORY
Pursuant to notice, the matter came on for hearing before a duly authorized
Administrative Law Judge("ALJ")of the Commission at the Commission's Chicago office
on July 6, 2016. Petitioner and Respondents were represented by counsel. An
appearance was also entered by Brian Vercruysse, Senior Railroad Safety Specialist,
representing the Commission's Transportation Bureau, Railroad Section("Staff"). At the
hearing the parties indicated that coordination has taken place with all parties, including
a meeting on June 16,2016 with representatives from the IL Railway.
Page 20 of 40
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Agreement No 408698
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Exhibit B
T16-0003
On July 25, 2016, the City filed Group Exhibit 1, which included the location map,
plat,jurisdictional transfer information,and pictures associated with the Hoover Road grade
crossing of the IR. The City also late filed Exhibit 2,a letter to Staff that provided the daily
use statistics at the Hoover Forest Preserve site.
On July 28, 2016, Staff filed a draft Proposed Order, the terms of which had been
coordinated with all the parties. On August 30, 2016,the record was marked"Heard and
Taken."
PETITIONER'S EVIDENCE
Hoover Road crosses at grade one railroad track owned and operated by the IR
(a subsidiary of OmniTRAX), which was acquired from the BNSF Railway in 1997.
Hoover Road extends in a northeast-southwest direction approximately 1,055 feet north
of West Fox Road to the northern boundary of the IR line where there is an existing
highway-rail grade crossing identified as a Private Crossing. The existing crossing is a
twenty-four feet(24')wide timber crossing equipped with Crossbuck warning signs and
separate STOP signs.
On the northwest quadrant crossbuck post there is a USDOT inventory sign identifying
the crossing as AAR/DOT#065 039J(milepost 51.45). However,this number is assigned
in the Federal Railroad Administration's (FRA) database to a pedestrian tunnel
approximately 100 feet east of the Hoover Road crossing.
The property adjacent to the Hoover Road crossing was purchased by the Kendall County
Forest Preserve District ("District") from the Boy Scouts of America and became the
Hoover Forest Preserve. The District has subsequently improved the property with lodge
rentals,outdoor education programs,pre-school,camping facilities and other recreational
features and improvements for public use.
The total number of visitors to the Hoover Forest Preserve is estimated at 80,000 per
year. Depending upon the activity and time of year, the daily number of visitors to the
preserve could range from 50 to over 700. -
The right-of-way of Hoover Road from Fox Road to the north right-of-way line of the IR
line was transferred by an Intergovernmental Agreement, dated November 24, 2015,
between the District and the City,becoming a public right-of-way under the jurisdiction of
the City. The City approved the Intergovernmental Agreement by its Resolution Number
2015-22, adopted November 24,2015
Automatic flashing light signals, bell and gates controlled by appropriate warning control
circuitry are proposed to be installed at the Hoover Road crossing. Funding for the
2
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Agreement No 408698
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Exhibit B
T16-0003
proposed crossing signals has been secured through the Illinois Department of
Transportation(IDOT),utilizing the 23 USC Section 130 Safety Fund. Such devices are,
by public convenience and necessity,required to provide safe and efficient access to the
Hoover Forest Preserve.
RESPONDENT IL RAILWAY'S POSITION
IL Railway did not appear at the hearing,and has not filed an objection to the City's
Petition.
STAFF'S POSITION
Staff has no objection to the City's Petition. Staff concurs that the general public
already utilizes the crossing to enter the Hoover Forest Preserve and in the interest of
public safety the crossing should have active warning devices consisting of flashing light
signals,gates,and bell controlled by constant warning time(CWT)circuitry. Staff notes
that the Company must submit warning device plans for Staff approval by filing a Form 3
of Section 1535 of Title 92 of the Illinois Administrative Code. The Company is also
required to file an updated USDOT Inventory form.
Staff believes that the IR should provide a cost information to all parties for the
installation of the new warning devices within sixty(60)days from the date of this Order.
All work should be completed within twelve(12)months from the date of this Order.
PROPOSED ORDER
A Proposed Order was served on the Parties on September 1,2016.
FINDINGS AND ORDERING PARAGRAPHS
The Commission, having given due consideration to the Petition, is of the opinion
and finds that:
(1) The Commission has jurisdiction over the parties and the subject matter of
this proceeding;
(2) The recitals of fact as set forth in the prefatory portion of this Order are
supported by the record and are hereby adopted as findings of fact;
(3) The United City of Yorkville, Illinois,is an Illinois municipal corporation with
jurisdiction over Hoover Road and its designation should be changed from
private to public;
3
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Agreement No 408698
Revision Date:June 6,2019
Exhibit B
T16-0003
(4) The Illinois Railway should provide a cost estimate to all parties for the
installation of the new warning devices within sixty(60)days from the date
of this Order;
(5) That Illinois Railway should provide warning device plans for approval by
filing a Form 3 of Section 1535 of Title 92 of the Illinois Administrative Code;
(6) All work should be completed within twelve (12) months from the date of
this Order;
(7) The costs associated with the installation of the active railroad waming
devices should be the responsibility of the United City of Yorkville via the
funding provided from the Illinois Department of Transportation,utilizing the
23 USC Section 130 Safety Fund;
(8) The maintenance costs associated with the warning devices and crossing
surface at the Hoover Road grade crossing should be the responsibility of
the Illinois Railway Company;
(9) 625 ILCS 5/18c-1701 and 1704 require each "person", as defined by
Section 18c-1104, to comply with every regulation or order of the
Commission. These sections further provide that any person who fails to
comply with a Commission regulation or order shall forfeit to the state not
more than$1,000 for each such failure,with each day's continuance of the
violation being considered a separate offense. While the Commission
expects all parties to comply with this Order in all matters addressed herein
and in a timely manner,the Commission advises that any failure to comply
may result in the assessment of such sanctions;
IT IS THEREFORE OR DERED by the Illinois Commerce Commission that the .
Hoover Road grade crossing the Illinois Railway's track be designated as a public
crossing,with the Illinois Railway Company installing new automatic flashing light signals,
gates,and a bell controlled by constant warning time circuitry in accordance with Findings
(2)through(9).
IT IS FURTHER ORDERED that Illinois Railway shall file a Form 3 of Section 1535
of Title 92 of the Illinois Administrative Code,and shall receive approval by resolution of
the Commission Transportation Bureau Rail Safety Program Administrator.
IT IS FURTHER ORDERED that Illinois Railway shall submit a completely updated
United States Department of Transportation Inventory Form (#6180.71)to the Director of
Processing and Information,Transportation Bureau of the Commission.
4
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Agreement No 408698 '
Revision Date:June 6,2019
Exhibit B
T16-0003
IT IS FURTHER ORDERED that any person making a Request for an Extension
of Time up to 30 days to complete a project ordered by the Commission must file a request
with the Director of Processing and Information no later than 14 days in advance of the
scheduled deadline. An Administrative Law Judge will consider and decide the request.
IT IS FURTHER ORDERED that any person making a Request for an Extension
of Time that exceeds 30 days must file a Petition for Supplemental Order with the Director
of Processing and Information no later than 21 days in advance of the scheduled deadline.
The Commission will decide Petitions for Supplemental Orders.
IT IS FURTHER ORDERED that Requests for Extension of Time and Petitions for
Supplemental Orders must include the reason(s) the additional time is needed to
complete the work and the time within which the project will be completed. Prior to
submitting a Request for Extension of Time or a Petition for Supplemental Order, the
person must notify the Commission's Rail Safety Program Administrator that it is unable
to complete the project within the ordered timeframe.
IT IS FURTHER ORDERED that the Commission or its Administrative Law Judge
reserves the right to deny Petitions for Supplemental Orders and Requests for Extension
of Time, if the reason(s)supporting the request is (are) insufficient or where it appears
the person has not made a good faith effort to complete the project within the allotted
time. Failure of the Commission or Administrative Law Judge to act on a pleading prior
to the deadline means the originally ordered completion date remains in effect.
IT IS FURTHER ORDERED that,subject to Section 18c-2201 and 18c-2206 of the
Law,this is a final decision of the Commission subject to Administrative Review Law.
By Order of the Commission this_day of 2016.
BRIAN SHEAHAN
CHAIRMAN
5
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Agreement No 408698
Revision Date:June 6,2019
Exhibit C
Exhibit C:IDOT-IL Railway-Yorkville Grant Agreement
Agreement No 408698
Resolution No.2019-15
A RESOLUTION OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,
ILLINOIS,APPROVING A RAILWAY-HIGHWAY GRADE CROSSING
IMPROVEMENT AGREEMENT FOR HOOVER DRIVE
WHEREAS,the United City of Yorkville,Kendall County,Illinois(the"City-)is a duly
organized and validly existing non home-rule municipality created in accordance with the
Constitution of the State of Illinois of 1970 and the laws of this State;and,
WHEREAS,the City and the Kendall County Forest Preserve District(the"District")have
determined that it is in the public interest that Hoover Drive should cross the railroad tracks of
Illinois Railway,LLC(the Railroad")for access to the District's Forest Preserve;and,
WHEREAS,for the construction of the warning devices and crossing gates with federal
funds the State of Illinois Department of Transportation has created a Railway-Highway Grade
Crossing Improvements Local Public Agency Agreement for said funding with the City as the
Local Public Agency and the Railroad.
NOW,THEREFORE,BE IT RESOLVED,by the Mayor and City Council of the United
City of Yorkville,Kendall County,Illinois,as follows:
Section 1. That the STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION
AGREEMENT for Railway-Highway Grade Crossing Improvements Local Public Agency,
attached hereto and made a part hereof as Exhibit A, between the United City of Yorkville, the
State of Illinois acting through its Department of Transportation,and Illinois Railway, LLC. is
hereby approved and the Mayor is hereby authorized to execute such agreement.
Section 2.This Resolution shall be in full force and effect from and after its passage and
approval as provided by law.
Resolution No.2019-15
Page I
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Exhibit C
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois,
this 14th day of May,2019.
��CL A IA
CITY CLERK (�
KEN KOCH AYE DAN TRANSIER AYE
JACKIE MILSCHEWSKI AYE ARDEN JOE PLOCHER AYE
CHRIS FUNKHOUSER AYE JOEL FRIEDERS AYE
SEAVER TARULIS AYE JASON PETERSON AYE
APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,
this/ i day of ^;••_ ,2019.
11 1
MAYOR •
Attest:
�64aoe
CITY CLERK te4e CJ
Resolution No.2019-15
Page 2
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Exhibit C
Route: HOOVER DRIVE(MUN 2730)
Section: 13-F3001-00-SP
County: Kendall
Project: 0093(015)
Job No: C-93-036-14
Agreement No:N/A
AAR/DOT NO, 065039J
STATE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION
AGREEMENT
for
Railway-Highway Grade Crossing Improvements
Local Public Agency
This agreement,hereinafter referred to as the"Agreement",made and entered into by and
between the STATE OF ILLINOIS, acting by and through its Department of Transportation,
hereinafter referred to as the"STATE", and the Local Public Agency, United City of Yorkville
(Kendall County), State of Illinois,acting by and through its City Council,hereinafter referred to
as the "LPA" , and the Illinois Railway, LLC(IR), hereinafter referred to as the"COMPANY";
collectively referred to as the"PARTIES"and individually referred to as"PARTY".
WITNESSETH:
WHEREAS,in the interest of public safety the STATE proposes to improve crossing warning
signal devices,hereinafter referred to as the"Project',at the location listed on the attached Exhibit
-A,'and as shown on ttie Exhibit A's location map;and
WHEREAS,the parties mutually agree to accomplish the proposed improvements through
the use of Federal funds which are provided under applicable Federal act,law or appropriation,
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements as hereinafter contained the parties hereto agree as follows:
SECTION 1 The Project covered under this Agreement shall be subject to all applicable
Federal laws,rules,regulations,orders and approvals pertaining to all agreements,specifications,
award of contracts,acceptance of work and procedure in general. The STATE and the COMPANY
shall be governed by the applicable provisions of the Federal-Aid Policy Guide, Part 646,dated
December 9, 1991, and any supplements or amendments thereto hereinafter referred to as the
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Exhibit C
"Policy Guide". The COMPANY shaft meet the Buy America requirements specified in 23 CFR
635.410.Upon completion of the COMPANY's work,the COMPANY shall sign and return with its
Final Invoice,the Certification of Compliance with Buy America,attached hereto as Exhibit B.
SECTION 2. The COMPANY shall prepare the detailed plans(including surveys and other
engineering services),and detailed estimates of cost. The detailed plans shall be submitted to the
Illinois Commerce Commission (ICC) in accordance with Section 5 of this Agreement and
estimates shall be submitted to the STATE for their approval.
SECTION 3. The completed crossing warning devices shall conform to Part VIII of the most
current edition of the National Manual on Uniform Traffic Control Devices(MUTCD),including any
amendments which may be contained in the Illinois Supplement to the MUTCD. Barrier systems,
such as guardrail and impact attenuators should not be used at railroad grade crossings except in
extraordinary circumstances. Approval for the erection of any roadside barrier by the COMPANY
must be obtained in writing in advance from the LPA. LPA shall notify STATE in writing of such
request prior to LPA's approval.
SECTION 4 All required installation work at the grade crossing(s)shall be performed by the
COMPANY with its own forces or in accordance with 23 CFR, part 646.216. In the event the
COMPANY intends to use forces other than its own under a continuing contract or contracts,the
COMPANY shall provide the Department with a list of the items of work to be accomplished under
such contract or contracts and a list of the name of each contractor whose services will be used to
perform the work. Such contracts shall be in compliance with the Civil Rights Act of 1964 and
implementing regulations applicable to Federal-Aid Projects as well as the Illinois Fair Employment
Practices Act and implementing rules and regulations.
SECTION 5. The COMPANY will not begin to work without written authorization from the
STATE to proceed. The COMPANY shall file a form 1 or form 3 Petition of Illinois Administrative
Code 1535 with the Illinois Commerce Commission(ICC)showing details of the automatic warning
devices herein required,and shall receive approval thereof by X-Resolution before commencing
with the installation. Upon receipt of authorization from the STATE and the ICC, the COMPANY
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shall promptly schedule the work set forth in the Agreement and shall notify in writing the agencies
listed on Exhibit A, a minimum of twenty-one (21) days before commencing work. Any work
performed prior to this notification will be considered non-reimbursable.
SECTION b. The COMPANY shall keep an accurate and detailed account of the actual cost
and expense as incurred by it, or for its account,in the performance of the work it herein agrees
to perform. The COMPANY, for performance of its work as herein specified, shall bill the STATE
immediately, for its share of Preliminary Engineering costs incurred to date upon receiving
authorization to proceed with construction,and.may bill the STATE monthly for the STATE's share
of the cost of materials purchased,delivered and stored on the COMPANY's property but not yet
installed. The materials will become the property of the STATE and must be designated for
exclusive use on the Project.
In the event the COMPANY fails to install the stored material within one year of the fully
executed agreement date, the State may provide a written notice to the COMPANY,requiring the
COMPANY to promptly deliver the stored material to a location indicated in writing by the STATE
Upon delivery, the STATE shall then take possession of said material for the STATE'S own use.
The delivery of the material to the STATE shall in no way serve to terminate this Agreement or
affect the other provisions of this Agreement and in addition shall not affect the COMPANY's right
to claim payment for stockpiled material to replace that taken by the STATE. In the event of any
loss of material after payment,the COMPANY will replace the material at no cost to the STATE
The storage area of such materials shall be available for STATE inspection upon 24-hour notice.
SECTION 7, The COMPANY, for performance of its work as herein specified, may bill the
STATE monthly for the STATE's share of its expense as incurred. These progressive invoices
may be rendered on the basis of the estimated percentage of the work completed, plus allowable
FHWA approved additives Reimbursement of labor additives will be limited to only the most
current direct labor additives, small tools additives, equipment additive rate, if so developed, and
public liability/property damage liability insurance rates as audited and approved by a cognizant
State agency and FHWA. Indirect overhead or general and administrative expenses, or those
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expenses which may be classified as such under generally accepted accounting principles are not
eligible for reimbursement on this Project.
The STATE after verifying that the bills are reasonable and proper shall promptly reimburse
the COMPANY in accordance with the State Prompt Payment Act (30 ILCS 540/1 et seq.), as
currently enacted. Payment under this paragraph shall not be claimed for any progressive invoice
totaling less than$500 The progressive invoices may be rendered on the basis of an estimated
percentage of work completed
The COMPANY, upon the completion of the work, shall, within one hundred twenty (120)
calendar days, render to the STATE a detailed final invoice of the actual cost and expense as
incurred by it or for its account After the STATE's representatives have checked the progressive
invoices and the final invoice and they have agreed with the COMPANY's representatives that the
costs are reasonable and proper, insofar as they are able to ascertain,the STATE shall promptly
reimburse the COMPANY in accordance with the State Prompt Payment Act(30 ILCS 540/1 et
seq.),as currently enacted, for the amount of the final invoice, except that for any portion of the
final invoice in excess of the estimated cost of such excess costs as shown in Section 6,the STATE
may withhold payment of such excess costs until the COMPANY has provided reasonable backup
detail as requested by the STATE to justify the additional cost, and the STATE shall promptly
review such backup detail as provided by the COMPANY and shall thereafter promptly pay the
costs in excess of the estimated costs unless reasonable exception is taken thereto. If the parties
cannot reach agreement on reimbursement of the COMPANY's costs above the estimated costs.
each Party retains all legal and equitable remedies regarding the payment of same: such
reimbursements,however,are subject to the provisions of Section 13 hereof.
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Exhibit C
All invoices shall be clearly marked as"progressive invoice"or"final invoice`,as applicable.
and should be sent to:
Illinois Department of Transportation
Attn:Fiscal Control Unit
Bureau of Local Roads and Streets
2300 S. Dirksen Parkway
Springfield, IL 62764
The COMPANY shall maintain,for a minimum of three(3)years after the date of the final bill,
adequate books, records, and supporting documents to verify the amounts, recipients, and uses
of all disbursements of funds passing in conjunction with the contract:the contract and all books,
records,and supporting documents related to the contract,which may be stored on electronic files,
shall be available for review and may be audited by the AUDITOR GENERAL. The COMPANY
agrees to cooperate fully with any audit conducted by the AUDITOR GENERAL and to provide full
access to all relevant materials. Failure to maintain the books,records,and supporting documents
required by this section shall establish a presumption in favor of the STATE for the recovery of any
funds paid by the STATE under the contract for which adequate books, records, and supporting
documentation are not available to support their purported disbursement.
After the federal or STATE representatives have audited the expenses as incurred by the
COMPANY, including such amounts as may have been suspended from any previous payment,
the STATE shall promptly reimburse the COMPANY for the suspended amounts, less the
deduction of any item(s)of expense as may be found by the federal or STATE representatives as
not being eligible for reimbursement. If the total of the item(s)of expense as may be found by the
federal or STATE representatives as not being eligible for reimbursement exceeds the retained
percentage plus any amounts which may have been suspended, then the COMPANY shall
promptly reimburse the STATE for the overpayment.
SECTION 8. The crossing warning signal system should be placed in service immediately
after the installation is completed The COMPANY shall notify the STATE in writing of the date of
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the completed installation. The STATE will perform a final inspection upon receiving the written
notification
SECTION 9. When construction of this Project is completed, and so long as State law shall
so require,the COMPANY shall maintain at its expense or, by agreement with others. provide for
maintenance of the crossing warning signal devices.
SECTION 10. If at any time subsequent to the completion of this improvement,the tracks in
the area of the crossing are eliminated for any reason whatsoever, then the said signal system
may be removed, relocated and reinstalled at another grade crossing of the COMPANY mutually
designated and agreed to by the Parties hereto and subject to the approval of the public authorities
having any jurisdiction The reinstalled signal system shalt thereafter be subject to the terms of
this Agreement.
SECTION 11. In compliance with the Federal-Aid Policy Guide,dated December 9, 1991
Section 646.210, the railroad work as herein contemplated requires no contribution from the
COMPANY, however the COMPANY agrees to contribute zero percent(0%) of the cost of this
Project. Per the alternative Federal-State procedure in 23 C.F.R. §646.220,the STATE will have
a representative present at the job site during construction to certify the work and to assure that
all work and materials meet thesequirements,is complete.acceptable and in accordance with the
terms of this Agreement.
SECTION 12. In the event that delays or difficulties arise in securing necessary federal or
state approvals, or in acquiring rights-of way,or in settling damage dams.or for any other cause
which in the opinion of the STATE render it impracticable to proceed with the construction of the
Project, then at any time before construction is started, the STATE may serve formal notice of
cancellation upon the COMPANY and this Agreement shall thereupon terminate. In the event of
cancellation,the STATE shall reimburse the COMPANY for all eligible cost and expense incurred
by the COMPANY prior to receipt of notice of cancellation and payment by the STATE.
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Exhibit C
SECTION 13. It is the policy of the U.S Department of Transportation that disadvantaged
business enterprises,as defined in 49 CFR Part 26,shall have maximum opportunity to participate
in the performance of agreements financed in whole or in part with federal funds. Consequently,
the disadvantaged business enterprise requirements of 49 CFR Part 26 apply to this Agreement
The COMPANY agrees to take all necessary and reasonable steps to ensure that disadvantaged
business enterprises,as defined in 49 CFR Part 26,have the maximum opportunity to participate
in the performance of this Agreement. The COMPANY, sub-recipient or subcontractor shall not
discriminate on the basis of race. color, national origin, or sex in the performance of this
Agreement. The COMPANY shall carry out applicable requirements of 49 CFR part 26 in the
award and administration of STATE ed contracts. Failure by the COMPANY to carry out
these requirements is a material breach of this Agreement,which may resuk in the termination of
this contract or such other remedy as deemed appropriate.
In the event any work is performed by other than COMPANY forces,the provisions of"an act
regulating wages of laborers,mechanics and other workers employed in public works by the State,
County,City or any public body or any political subdivision or by anyone under contract for public
works" (Illinois Compiled Statutes, 820 ILCS 130/1 et seq.) shall apply. Pursuant to 820 ILCS
130/4,COMPANY is hereby notified"the prevailing rate of wages are revised by the Department
of Labor and are available on the Department's official website".
SECTION 14. This Agreement shall be binding upon the Parties hereto,their successors or
assigns.
SECTION 15. The COMPANY shall complete all work or shall be responsible that all work
is completed by other forces within one year of the date of the fully executed agreement. In the
event that all work cannot be completed within one year,the COMPANY shall notify the STATE in
writing the cause for the delay before the one-year deadline has expired. Otherwise,the STATE
will consider petitioning the Illinois Commerce Commission to order the work to be completed.
SECTION 16. At the time this Agreement was executed,there were funds available for the
Project; however, obligations assumed by the STATE under this Agreement shall cease
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immediately, without penalty or payment beyond that which the COMPANY has already
accumulated,should the Illinois General Assembly or the Federal Highway Administration fail to
appropriate or otherwise make available funds for the Project
SECTION 17. The COMPANY was hereby requested and authorized to accrue costs by the
STATE, to perform the necessary preliminary engineering to develop an estimate of cost for the
proposed work described on Exhibit A,on March 6,2014. The COMPANY hereby agrees to not
invoice the STATE until such time this Agreement is fully executed
SECTION 18, The COMPANY certifies its correct Federal Taxpayer Identification Number,
as indicated on the attached Exhibit C
SECTION 19. This Agreement shall be construed and interpreted according to the laws of
the State of Illinois.
IN WITNESS WHEREOF,the Parties hereto have caused this Agreement to be executed in
duplicate counterparts, each of which shall be considered as an original, by their duly authorized
officers as of the dates below indicated.
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Exhibit C
COMPANY: Illinois Railway.LLC
Accepted By y
Typed name: Ni\u,Leir Co "i1'
Typed title. VAC...naG o!
Date: '3!g10\_�\c1
LPA: United City of Yorkville , J
Accepted By.
Typed name: J Of4Ja URCEI.L"
Typed title: MAYOR.
Date: 51/7 fi
STATE OF ILLINOIS,DEPARTMENT OF TRANSPORTATION
Matt Magalis Date
Acting Secretary
Joanne Woodworth Date
Chief Fiscal Officer
Paul A Loete,P.E. Date
Director,Highways Project Implementation
Philip C Kaufmann Date
Chief Counsel
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Exhibit C
•
EXHIBIT A
CROSSING IDENTIFICATION,
Railroad: Illinois Railway, LLC
AAR/DOT No:065039J
RR M.P.: 51.45
Roadway: Hoover Drive(MUN 2730)
Location: At the Illinois Railway Tracks
gXISTING CONDITIONS:
Crossbucks
DESCRIPTION OF WORK TO BE DONE BY RAILROAD FORCE ACCOUNT:
1. Install Automatic flashing LED light signals with bells and gates controlled by constant
warning time circuitry with event recorder and remote monitor system.
2. Incidental work necessary to complete the items hereinabove specified.
3. CFDA Number: 20.205(Information is available at http flwww.cfda.4ov/)
PESCRIPTION OF WORK TO BE DONE BY THE LPA;
Local Public Agency(LPA)agrees to provide at Its expense any necessary advance warning
signs and pavement markings as required by the most current edition of the following
documents' !DOT Standard Specifications for Road and Bridge Construction, Supplemental
Specifications and Recurring Special Provisions, Highway Standards for Temporary Traffic
Control, National Manual on Uniform Traffic Control Devices ('MUTCD') and the Illinois
Supplement to the MUTCO. When a marked traffic detour is required,the LPA at its expense
shall furnish, erect, maintain and remove the traffic control devices necessary to detour
highway traffic.
X No additional work to be performed lay the LPA.
Additional work will be performed by the LPA and funded by the Federal Railway-
Highway Crossing Program(Section 130)will be under a separate agreement
with the STATE.
ATTACHMENTS:
1. Location Map(consisting of one page)
2. COMPANY's Estimate(consisting of_ pages)
3. General Plan Layout(consisting of pages)
PROGRAM COST ESTIMATE:
$250,000
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Exhibit C
COMPANY COST ESTIMATE
Total (100.0%) $
(To be filled in by the RAILROAD)
Federal Participation (100.0%) $
(To be completed by the STATE)
COMPANY Participation (0.0%) $
(To be completed by the STATE)
LPA Participation (0.0%) $
(To be completed by the STATE)
AGENCIES TO BE NOTIFIED BEFORE COMMENCING WORK:
Illinois Department of Transportation
Bit Bearsall,Highway-Railway Safety Engineer
2300 South Dirksen Parkway,Room 005
Springfield,Illinios 62704
(217)785-2986
wiIIiam.pea sd iltnois.gov
Illinois Railway,LLC
Jason Scott,Vice President of Signals&Communications
252 Clayton Street,4th Floor
Denver,CO 80206
(303)398-4528
jpecott@omnitrax,com
Ken Rose,Director of Engineering&Environmental Services
252 Clayton Street,4th Floor
Denver,CO 80206
(303)398-4549
krose@omnitrax.com
United City of Yorkville
Eric Muse,Director of Public Works
800 Game Farm Road
• Yorkville, Illinois 60560
(630)553-4349
edhuse@yorkville.iI.us
SUBMIT ALL BILLS FOR THE STATE'S SHARE TO;
Illinois Department of Transportation
Attn:Fiscal Control Unit
Bureau of Local Roads and Streets
2300 S.Dirksen Parkway
Springfield,IL 62764
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Exhibit C
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Exhibit C
EXHIBIT B
ILLINOIS DEPARTMENT OF TRANSPORTATION
BUY AMERICA
CERTIFICATE OF COMPLIANCE
Agreement No
Job No. C-93-036-14
WE, Illinois Railway,LLC
(UTILITY/RAILROAD OWNER)
Address: 430 West Madison Street,Ottawa,Illinois 61350
Hereby certify that we are in compliance with the`Buy America'requirements of this project.
As required,we will maintain all records and documents pertinent to the Buy America
requirement,at the address given above,for not less than 3 years from the date of project
completion and acceptance. These file will be available for inspection and verification by the
Department and/or FHWA.
I
We further certify that the total value ofgn steel as described in the Buy America
requirements for this project does not e cooed onelenth of one percent(0 1%)of the total
contract price or$2,500.00,whichever Is greater.f'
Signed by Title h/1..o•Y,o..yve
Printed Name r.rZc
a oi-___ day of`4110.neit• • Cly
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Exhibit C
EXHIBIT C
TIN CERTIFICATION
The COMPANY certifies that
1. The number shown on this form is the COMPANY's correct taxpayer identification
number(or the COMPANY is waiting for a number to be issued to them),and
2. The COMPANY is not subject to backup withholding because: (a)the COMPANY is
exempt from backup withholding,or(b)the COMPANY has not been notified by the
Internal Revenue Service(IRS)that the COMPANY is subject to backup withholding
as a result of a failure to report all interest or dividends,or(c)the IRS has notified the
COMPANY,that the COMPANY is no longer subject to back-up withholding,and
3. The COMPANY's person with signatory authority for this Agreement is a U.S.
person(including a U.S.resident alien).
Taxpayer Identification Number: J r " y t h j
Legal Status
Individual , Government
- Sole Proprietor Nonresident Alien
Partnership/Legal Corporation Estate or Trust
Tax-exempt _ Pharmacy(Non Corp.)
Corporation providing or billing _ pharmacy/Funeral home
medical and/or_ _health care /Cemetery
services
- Corporation NOT providing ar Limited Liability Company(select
billing medical and/or health care applicable tax classification)
services
Other It D=Disregarded entity
C=Corporation
P=Partnership
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