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Home My WebLink About94-42 Resolution No. 94-42 RESOLUTION IN LIEU OF SURETY BOND FOR WORK DONE IN STATE OF ILLINOIS RIGHTS OF WAY WHEREAS, the City of Elgin, located in the Counties of Kane* and Cook, State of Illinois, desires to undertake, in the years 1994 and 1995, the location, construction, operation and maintenance of driveways and street returns, watermains, sanitary and storm sewers, street lights, traffic signals, sidewalk, landscaping, etc. , on State highways, within the City of Elgin, which by law and/or agreement come under the jurisdiction and control of the Department of Transportation of the State of Illinois hereinafter referred to as Department; and WHEREAS, an individual working permit must be obtained from the Department prior to any of the aforesaid installations being constructed either by the City of Elgin or by a private person or firm under contract and supervision of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby pledges its good faith and guarantees that all work shall be performed in accordance with the conditions of the permit to be granted by the Department, and to hold the State of Illinois harmless on account of any damages that may occur to persons or property during the prosecution of such work, and assume all liability for damages to persons or property due to accidents or otherwise by reason of the work which is to be performed under the provision of said permit. BE IT FURTHER RESOLVED that all authorized officials of the City of Elgin are hereby instructed and authorized to sign said working permit on behalf of the City of Elgin. s/ Robert Gilliam Robert Gilliam, Mayor Pro Tem Presented: February 23, 1994 Adopted: February 23,• 1994 Omnibus Vote: Yeas 5 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk EVn 1-1-e!!)1111 Agenda Item No. January 27, 1994 TO: Mayor and Members of the City Council FROM: Robert 0. Malm, Interim City Manager SUBJECT: Resolution for Work Within State Right-of-Way PURPOSE This memorandum will provide the Mayor and Council with information to consider the proposed bi-annual resolution for work within the rights-of-way of State highways . BACKGROUND Each year City crews perform work within the rights-of-way of State highways. The work may be in the form of routine maintenance or of an emergency nature. If contractors are hired to do the work, they are required to obtain a performance bond for each project. However, the State will allow the City to perform work without a performance bond provided that the City adopts a resolution pledging its good faith and guarantees that all work will be performed in accordance with State standards, and that the City holds the State harmless from any accidents and damages. The resolution covers all work for a two year period. For normal work, a permit application and approval is necessary for each project. For emergency work we are required to call and get a oral approval. This is followed by an application for a permit. The period covered by this resolution is January 1, 1994 to December 31, 1995, a copy of which is attached for your review. FINANCIAL IMPACT There is no cost involved. The resolution permits the City crews to perform the work without delay and without any performance bond. t Mayor and Members of the City Council February 1, 1994 Page 2 LEGAL IMPACT None. RECOMMENDATION It is recommended that the City Council adopt this resolution, and direct the staff to transmit two certified copies to IDOT. dik. A LI / Robe . O. Malm, Interim City Manager ROM/JLK/do Attachments r r t _ Illinois Department of Transportation r Division of Highways/District 1 201 West Center Court/Schaumburg, Illinois/60196-1096 PERMITS Resolution for Construction on State Highway • Mayor or Village President All Municipalities in District-One . Chapter 121 of. the Illinois Revised Statutes requires that any person, firm or corporation desiring to do work on State maintained rights of way must first obtain a written permit from the Illinois Department of Transportation. This includes any emergency work on broken watermains or sewers. A surety bond is required with each permit application to insure that all work is completed in accordance with the State specifications and that the right of way is properly restored. For permit work to be performed by employees of a municipality a resolution is acceptable in lieu of the surety bond. This resolution does not relieve contractors hired by the municipality from conforming with the normal bonding - requirements nor from obtaining permits. As a departure from past practices we would like to increase the resolution rk from one to two years. This procedure will save time and effort as well as reduce the annual paperwork associated with an annual resolution. In order to expedite the issuance of permits to your municipality during the next two calendar years the attached sample resolution should be adopted and a signed and certified copy thereof returned to this office. This resolution does not constitute a blanket permit for work in the State system. A separate application must be made in each instance. In the case of an emergency, verbal authority may be given prior to receipt of the written application. After normal working hours or on weekends, this authority can be obtained from our Communications Center at (708)705-4612. We would appreciate the cooperation of your community in withholding the issuance of building permits along State highways until the builder shows evidence of a State highway permit having been obtained. Our permit staff would be willing to answer any questions you may have regarding current policies or practices and to work with your planning commission on any new developments within your municipality. Do not hesitate to contact us at (708)705-4131 if we may be of assistance. Very truly yours, Duane P. Carlson. P.E. District Engineer rk By:. Daniel R. Ehart, P.E. 4 District Permit Engineer DRE/das RESOLUTION WHEREAS, the , hereinafter referred to as MUNCIPALITY, located in the OOunty of , State of Illinois, desires to undertake, in the years 19 and 19 , the location, construction, operation and maintenance of driveways and street returns, watermains, sanitary and storm sewers, street light, traffic.signals, sidewalk, landscaping, etc., on State highways, within said MUNICIPALITY, which by law and/or agreement come under the jurisdiction and control of the Department of Transportation of the State of Illinois hereinafter referred to as DEPARTMENT, and, WHEREAS, an individual working permit must be obtained from the DEPARTMENT prior to any of the aforesaid installations being constructed either by the MUNICIPALITY or by a private person or firm under contract and supervision of the MUNICIPALITY. NOW, THEREFORE, be it resolved by the MUNICIPALITY: FIRST: That MUNICIPALITY hereby pledges its good faith and guarantees that all work shall be performed in accordance with the conditions of the permit to be granted by the DEPARTMENT, and to hold the State of Illinois harmless during the prosecution of such work, and assume all liability for damages to persons or property due to accidents or otherwise by reason of the work which is to be performed under the provision of said permit. SECOND: That all authorized officials of the MUNICIPALITY are hereby instructed and authorized to sign said working permit on behalf of the MUNICIPALITY. I, , hereby certify the above to be a true copy of the resolution passed by the MUNICIPALITY. Dated this day f°'' of A.D. 19 Corporate Seal By: