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Home My WebLink About10-207 Resolution No. 10-207 RESOLUTION REGARDING WORK PERFORMED IN THE STATE OF ILLINOIS RIGHT-OF-WAY WHEREAS,the City of Elgin,hereinafter referred to as Municipality,located in the Counties of Kane and Cook, State of Illinois, desires to undertake, in the years 2010 and 2011, 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 CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: FIRST: That Municipality hereby pledges its good faith and guarantees that all work shall be performed in accordance with conditions of the permit to be granted by the Department,and to hold State of Illinois harmless during the prosecution of such work, and assume all liability for damages to person or property due to accidents or otherwise by reason of the work which is to be performed under the provisions 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. s/Ed Schock Ed Schock, Mayor Presented: November 3, 2010 Adopted: November 3, 2010 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk siLL -PORT TO MAYOR & MEMBERS OF CITY COUNCIL E LG I N THE crrY IN THE SUBURBS MEETING DATE: October 27, 2010 INITIATIVE D: Illinois Department of Transportation Resolution for Work Performed in the State Right-of-Way COMMUNITY GOAL • Customer Service: Enhance the city's relationship with the Illinois Department of Transportation and provide timely customer service repairs to utilities and roads for our citizens OBJECTIVE • Provide city staff with a means to complete repair work in the State's right-of- way and to expedite issuance of permits PURPOSE • • Provide timely repairs of city utilities and streets that are governed by the Illinois Department of Transportation in order to strengthen the city's neighborhoods and the overall appearance of the community RECOMMENDATION • Approve resolution with IDOT to guarantee that all work shall be performed in accordance with conditions of the permit granted by the department in lieu of a surety bond BACKGROUND Public works personnel regularly respond to and repair watermain breaks and sewer backups. These repairs often must be completed within roadways under the jurisdiction of the Illinois Department of Transportation (IDOT). Roadways in Elgin that fall under IDOT's jurisdiction include: • Illinois Route 25 (Dundee Ave., Page Ave., Liberty St., Bluff City Blvd., St. Charles St.) • Illinois Route 31 (State St.) • Illinois Route 19 (East Chicago St.) • Illinois Route 58 (Summit St.) • • U.S. Route 20 (Lake St.) c1''- • Weld Rd. • Foothill Rd. • Bluff City Blvd. (east of Gifford Rd.) Whenever work is completed within an IDOT right-of-way, permits are required from IDOT to guarantee that all necessary traffic control is utilized and to ensure that all work is completed in accordance with IDOT's minimum specifications. A watermain break is considered an emergency repair so time is of the essence to complete the repair. Delaying repairs while permits are secured can cause more severe damage and increased repair costs. It is therefore beneficial to agree with IDOT on a process that will expedite issuance of permits. OPERATIONAL ANALYSIS Existing provisions in the State's regulations allow IDOT to hold municipalities accountable for work conducted in the State's right-of-way that is not performed in accordance to IDOT's standards. In lieu of requiring municipalities to post a surety bond to guarantee the work they perform in an IDOT right-of-way, IDOT is merely requesting that municipalities pass resolutions guarantying the quality of their work in lieu of a surety bond. Adopting the resolution will allow the city to proceed with required work in an IDOT right-of- way without first securing a permit and posting a surety bond with IDOT. This action will ensure the city's ability to effect timely repairs without delay. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS There is no cost to the city for the adoption of this resolution. BUDGET IMPACT Funding for this work will need to be identified. FUND(S) ACCOUNT(S) PROJECT#(S) AMOUNT AMOUNT BUDGETED AVAILABLE N/A N/A N/A N/A N/A 1111 h 2 1 • LEGAL IMPACT None. ALTERNATIVE COURSES OF ACTION Reject the resolution and secure individual permits for each repair. NEXT STEPS 1. Execute the resolution and forward to IDOT Prepared by: Colby Basham, Utility Supervisor Reviewed by: David L. Lawry, Public Services Director Reviewed by: Colleen Lavery, Chief Financial Officer Reviewed by: William A. Cogley, Corporation Counsel/Chief Development Officer Final Review by: Richard G. Kozal, Assistant City Manager/Chief Operating Officer Approved by: 110 Sean R. Stegall, City Man er ATTACHMENTS A. Sample Resolution from IDOT • 3 RESOLUTION Whereas, the , hereinafter referred to as MUNICIPALITY, �r<< located in the County of , State of Illinois, desires to undertake, in the years 20_ and 20the 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 of 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 conditions of the permit to be granted by the Department, and to hold State of Illinois harmless during the prosecution of such 4 1 work, and assume all liability for damages to person or property due to accidents or otherwise by reason of the work which it 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 true copy of the resolution passed by the MUNICIPALITY. Dated this day of A.D. Corporate Seal By: _