HomeMy WebLinkAbout25-0702 Joint Agreement FHWA Illinois Department of Transportation
Office of Highways Project Implementation/Bureau of Local Roads &Streets
2300 South Dirksen Parkway I Room 205/Springfield, Ilinois/62764
July 2, 2025
Kimberly Dewis
City Clerk
150 Dexter Court
Elgin, IL 60120
RE: LPA: City of Elgin
Section: 09-00176-00-BT
Project: 7FF8(480)
Job: C-91-305-09
Joint Agreement
Dear Kimberly Dewis,
Funding for the subject project was authorized by the Federal Highway
Administration (FHWA) on March 17, 2023 and the joint agreement was executed
by the Department on June 26, 2025.
A copy is enclosed.
Please contact Teresa Cline (Teresa.Cline@illinois.gov) if you have any questions.
Sincerely,
6rtif.) ----
i
_Alip
Greg S. Lupton, P.E.
Acting Engineer of Local Roads and Streets
Enclosure
cc: David Kaptain, Mayor
Jose Rios- Region 1 do Chad Riddle- District 1
Programming do DOT.CO.Programminq a(�.illinois.gov
Project Control c/o Sara.Reynolds@illinois.gov
Construction c/o Stefanie.Kent(a�illinois.gov
Fiscal Control do DOT.BLRSFiscalControl a(�illinois.nov
Docusign Envelope ID: F715212B-20CB-4C8D-A291-F4A226D390A0
IlinoLS Department Joint Funding Agreement for
Of Transportation State-Let Construction Work
LOCAL PUBLIC AGENCY
Local Public Agency County Section Number
City of Elgin Kane 09-00176-00-BT
Fund Type ITEP,SRTS,HSIP Number(s) MPO Name MPO TIP Number
CMAQ N/A CMAP 09-09-0007
Construction
State Job Number Project Number
C-91-305-09 7FF8(480)
® Construction on State Letting ® Construction Engineering ❑ Utilities ❑ Railroad Work
This Agreement Is made and entered into between the above local public agency,hereinafter referred to as the"LPA"and the State of
Illinois,acting by and through its Department of Transportation, hereinafter referred to as"STATE".The STATE and LPA jointly propose to
improve the designated location as described below.The improvement shall be consulted In accordance with plans prepared by, or on
behalf of the LPA and approved by the STATE using the STATE's policies and procedures approved and/or required by the Federal
Highway Administration,hereinafter referred to as"FHWA".
LOCATION
Stationing
Local Street/Road Name Key Route Length From To
Bowes Road FAP 0528 1.65 mi. 2.32 3.97
Location Termini
Bowes Creek Boulevard to Randall Road
Current Jurisdiction Existing Structure Number(s) Add Location
Kane County N/A Remove
LOCATION
Stationing
Local Street/Road Name Key Route Length From To
Randall Road FAP 0336 0.55 mi. 9.67 10.22
Location Termini
Bowes Road to College Green Drive
Current Jurisdiction Existing Structure Number(s) Add Location
Kane County N/A Remove
LOCATION
Stationing
Local Street/Road Name Key Route Length From To
East Road MS 0740 0.47 mi. 0.00 0.47
Location Termini
Sports Way to IL 31
Current Jurisdiction Existing Structure Number(s) Add Location
City of Elgin N/A Remove
PROJECT DESCRIPTION
The work consists of completion of curb &gutter and sidewalk repair; ADA ramps, HMA resurfacing; HMA
pavement widening; shared use path construction, storm sewers, HMA pavement patches, shared use path
patches, adjustment of drainage structures; parkway restoration; and other incidental and miscellaneous items of
work in accordance with the Plans, Standard Specifications, and these Special Provisions (Elgin Bikeway Rt.4)
LOCAL PUBLIC AGENCY APPROPRIATION -REQUIRED FOR STATE LET CONTRACTS
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By execution of this Agreement the LPA attests that sufficient moneys have been appropriated or reserved by resolution or ordinance to
fund the LPA share of project costs A copy of the authorizing resolution or ordinance Is attached as an addendum.
METHOD OF FINANCING-(State-Let Contract Work Only)
Check One
❑ METHOD A-Lump Sum(80%of LPA Obligation
Lump Sum Payment-Upon award of the contract for this improvement,the LPA will pay the STATE within thirty(30)calendar days of
billing,in lump sum,an amount equal to 80%of the LPA's estimated obligation incurred under this agreement.The LPA will pay to the
STATE the remainder of the LPA's obligation(including any nonparticipating costs)in a lump sum within thirty(30)calendar days of billing
In a lump sum,upon completion of the project based on final costs.
❑ METHOD B- Monthly Payments of due by the of each successive month.
Monthly Payments-Upon award of the contract for this improvement,the LPA will pay to the STATE a specified amount each month for
an estimated period of months,or until 80%of the LPA's estimated obligation under the provisions of the agreement has been paid.The
LPA will pay to the STATE the remainder of the LPA's obligation(including any nonparticipating costs)in a lump sum,upon completion of
the project based upon final costs.
® METHOD C-LPA's Share Balance divided by estimated total cost multiplied by actual progress payment.
Progress Payments-Upon receipt of the contractor's first and subsequent progressive bills for this improvement, the LPA will pay to the
STATE within thirty(30)calendar days of receipt,an amount equal to the LPA's share of the construction cost divided by the estimated
total cost multiplied by the actual payment(appropriately adjust for nonparticipating costs)made to the contractor until the entire obligation
Incurred under this agreement has been paid.
Failure to remit the payment(s)in a timely manner as required under Methods A, B,or C shall allow the STATE to internally offset,reduce,
or deduct the arrearage from any payment or reimbursement due or about to become due and payable from the STATE to the LPA on this
or any other contract.The STATE at Its sole option,upon notice to the IPA, may place the debit into the Illinois Comptroller's Offset
System(15 ILCS 405/10.05)or take such other and further action as may be required to recover the debt.
THE LPA AGREES:
1. To acquire In its name,or in the name of the STATE if on the STATE highway system,all right-of-way necessary for this project in
accordance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Properly Acquisition Policies
Act of 1970,and established State policies and procedures.Prior to advertising for bids,the LPA shall certify to the STATE that
all requirements of Titles It and III of said Uniform Act have been satisfied.The disposition of encroachments,if any,will be
cooperatively determined by representatives of the LPA,the STATE,and the FHWA if required.
2. To provide for all utility adjustments and to regulate the use of the right-of-way of this improvement by utilities,public and private,
in accordance with the current Utility Accommodation Policy for Local Public Agency Highway and Street Systems.
3. To provide for surveys and the preparation of plans for the proposed improvement and engineering supervision during
construction of the proposed improvement.
4. To retain jurisdiction of the completed improvement unless specified otherwise by addendum(addendum should be accompanied
by a location map).If the improvement location is currently under road district jurisdiction, a jurisdictional addendum is required.
5. To maintain or cause to be maintained the completed improvement(or that portion within its jurisdiction as established by
addendum referred to in item 4 above)In a manner satisfactory to the STATE and the FHWA.
6. To comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and
Nondiscrimination Regulations required by the U.S. Department of Transportation.
7. To maintain for a minimum of 3 years after final project close out by the STATE,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 shall be available for review and audit by the
Auditor General and the STATE.The LPA agrees to cooperate fully with any audit conducted by the Auditor General,the STATE,
and to provide full access to all relevant materials.Failure to maintain the books,records,and supporting documents required by
this section shall establish presumption in favor of the STATE for 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.
8. To provide if required, for the improvement of any railroad-highway grade crossing and rail crossing protection within the limits of
the proposed improvement.
9. To comply with Federal requirements or possibly lose(partial or total)Federal participation as determined by the FHWA.
10. To provide or cause to be provided all of the Initial funding,equipment, labor,material,and services necessary to complete locally
administered portions of the project.
11. (Railroad Related Work)The LPA is responsible for the payment of the railroad related expenses in accordance with the LPA/
railroad agreement prior to requesting reimbursement from the STATE. Requests for reimbursement should be sent to the
appropriate IDOT District Bureau of Local Roads and Streets Office, Engineer's Payment Estimates shall be in accordance with
the Division of Cost.
Printed 03/10/23 Page 2 of 7 BLR 05310C(Rev.03/31/22;
Docusign Envelope ID F715212B-20CB-4C8D-A291-F4A226D390A0
12. Certifies to the best of Its knowledge and belief that it's officials:
a. are not presently debarred,suspended,proposed for debarment,declared ineligible or voluntarily excluded from covered
transactions by any Federal department or agency;
b. have not within a three-year period preceding this agreement been convicted of or had a civil judgment rendered against
them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a
public(Federal,State or local)transaction or contract under a public transaction;violation of Federal or State anti-trust
statutes or commission of embezzlement, theft,forgery, bribery,falsification or destruction of records,making false
statements receiving stolen property;
c. are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal,State, Local)
with commission of any of the offenses enumerated in item(b)of this certification;and
d. have not within a three-year period preceding the agreement had one or more public transactions(Federal, State,Local)
terminated for cause or default.
13. To include the certifications,listed in Item 12 above,and al other certifications required by State statutes,in every contract,
Including procurement of materials and leases of equipment.
14. That execution of this agreement constitutes the LPA's concurrence in the award of the construction contract to the responsible
low bidder as determined by the STATE.
15. That for agreements exceeding$100,000 In federal funds,execution of this agreement constitutes the LPA's certification that:
a. No federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for
influencing or attempting to influence an officer or employee of any agency,a member of congress,an officer or
employee of congress,or any employee of a member of congress in connection with the awarding of any federal
contract,the making of any cooperative agreement,and the extension,continuation,renewal,amendment or
modification of any Federal contract,grant, loan or cooperative agreement.
b. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency,a member of congress,an officer or employee of congress
or an employee of a member of congress in connection with this federal contract, grant,loan,or cooperative agreement,
the undersigned shall complete and submit standard form-LLL,"Disclosure Form to Report Lobbying",in accordance
with its Instructions.
c. The LPA shall require that the language of this certification be included in the award documents for all subawards
(including subcontracts,subgrants and contracts under grants,loans,and cooperative agreements),and that all
subrecipients shall certify and disclose accordingly
16. To regulate parking and traffic in accordance with the approved project report.
17. To regulate encroachments on public rights-of-way In accordance with current Illinois Compiled Statutes.
18. To regulate the discharge of sanitary sewage into any storm water drainage system constructed with this Improvement in
accordance with the current Illinois Compiled Statutes.
THE STATE AGREES:
1. To provide such guidance,assistance,and supervision to monitor and perform audits to the extent necessary to assure validity of
the LPA's certification of compliance with Title II and III Requirements.
2. To receive bids for construction of the proposed improvement when the plans have been approved by the STATE(and FHWA, if
required)and to award a contract for construction of the proposed improvement after receipt of a satisfactory bid.
3. To provide all initial funding and payments to the contractor for construction work let by the STATE.The LPA will be Invoiced for
their share of contract costs per the method of payment selected under Method of Financing based on the Division of Costs
shown on Addendum 2.
4. For agreements with federal and/or state funds In construction engineering, utility work and/or railroad work:
a. To reimburse the LPA for federal and/or state share on the basis of periodic billings, provided said billings contain
sufficient cost information and show evidence of payments by the LPA;
b. To provide independent assurance sampling and fumish off-site material inspection and testing at sources normally
visited by STATE Inspectors for steel, cement,aggregate,structural steel,and other materials customarily tested by the
STATE.
IT IS MUTUALLY AGREED:
1. Construction of the project will utilize domestic steel as required by Section 106.01 of the current edition of the Standard
Specifications for Road and Bridge Construction and federal Buy America provisions
2. That this Agreement and the covenants contained herein shall become null and void in the event that the FHWA does not
approve the proposed improvement for Federal-aid participation within one (1)year of the date of execution of this agreement
3. This agreement shall be binding upon the parties,their successors,and assigns.
4. For contracts awarded by the LPA,the LPA shall not discriminate on the basis of race,color, national origin or sex in the award
and performance of any USDOT-assisted contract or in the administration of Its DBE program or the requirements of 49 CFR
part 26.The LPA shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award
and administration of USDOT-assisted contracts.The LPA's DBE program,as required by 49 CFR part 26 and as approved by
USDOT,is incorporated by reference in this agreement. Upon notification to the recipient of its failure to carry out its approved
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program,the STATE may impose sanctions as provided for under part 26 and may,In appropriate cases,refer the matter for
enforcement under 18 U.S.C 1001 and/or the Program Fraud Civil Remedies Act of 1986(31 U.S.0 3801 et seq.). In the
absence of a USDOT-approved LPA DBE Program or on state awarded contracts,this agreement shall be administered under
the provisions of the STATE'S USDOT approved Disadvantaged Business Enterprise Program.
5. In cases where the STATE is reimbursing the LPA, obligation of the STATE shall cease immediately without penalty or further
payment being required if, in any fiscal year,the Illinois General Assembly or applicable federal funding source fails to appropriate
or otherwise make available funds for the work contemplated herein.
6. All projects for the construction of fixed works which are financed in whole or in part with funds provided by this agreement and/or
amendment shall be subject to the Prevailing Wage Act(820 ILCS 130/0.01 et seq.)unless the provisions of the act exempt its
application.
FISCAL RESPONSIBILITIES:
1. Reimbursement Requests:For reimbursement requests the LPA will submit supporting documentation with each invoice.
Supporting documentation is defined as verification of payment,certified time sheets or summaries,vendor invoices,vendor
receipts,cost plus fix fee invoice,progress report, personnel and direct cost summaries,and other documentation supporting the
requested reimbursement amount(Form BLR 05621 should be used for consultant invoicing purposes). LPA invoice requests to
the STATE will be submitted with sequential invoice numbers by project.
2. Financial Integrity Review and Evaluation(FIRE)program:LPA's and the STATE must justify continued federal funding on
inactive projects. 23 CFR 630.106(a)(5)defines an inactive project as a project which no expenditures have been charged
against Federal funds for the past twelve(12)months. To keep projects active, invoicing must occur a minimum of one time
within any given twelve(12)month period. However,to ensure adequate processing time,the first invoice shall be submitted to
the STATE within six(6)months of the federal authorization date. Subsequent invoices will be submitted In Intervals not to
exceed six(6)months.
3. Final Invoice:The LPA will submit to the STATE a complete and detailed final Invoice with applicable supporting documentation
of all incurred costs,less previous payments, no later than twelve(12)months from the date of completion of work or from the
date of the previous invoice,whichever occurs first. If a final Invoice Is not received within this time frame,the most recent invoice
may be considered the final invoice and the obligation of the funds closed. Form BLR 05613(Engineering Payment Record)is
required to be submitted with the final invoice for engineering projects.
4. Project Closeout:The LPA shall provide the final report to the appropriate STATE district office within twelve(12)months of the
physical completion date of the project so that the report may be audited and approved for payment. If the deadline cannot be
met,a written explanation must be provided to the district prior to the end of the twelve(12)months documenting the reason and
the new anticipated date of completion. If the extended deadline is not met,this process must be repeated until the project is
closed. Failure to follow this process may result In the immediate close-out of the project and loss of further funding.
5. Project End Date:The period of performance(end date)for state and federal obligation purposes is five(5)years for projects
under$1,000,000 or seven(7)years for projects over$1,000,000 from the execution date of the agreement.
Requests for time extensions and joint agreement amendments must be received and approved prior to expiration of the project
end date.Failure to extend the end date may result in the immediate close-out of the project and loss of further funding.
6. Single Audit Requirements: If the LPA expends$750,000 or more a year in federal financial assistance,they shall have an audit
made in accordance with 2 CFR 200.LPA's expending less than$750,000 a year shall be exempt from compliance.A copy of
the audit report must be submitted to the STATE(IDOT's Office of Internal Audit, Room 201,2300 South Dirksen Parkway,
Springfield, Illinois,62764)within 30 days after the completion of the audit, but no later than one year after the end of the LPA's
fiscal year.The CFDA number for all highway planning and construction activities Is 20.205. Federal funds utilized for construction
activities on projects let and awarded by the STATE(federal amounts shown as Participating Construction'on Addendum 2)are
not Included in a LPA's calculation of federal funds expended by the LPA for Single Audit purposes..
7. Federal Registration: LPA's are required to register with the System for Award Management or SAM,which is a web-enabled
government-wide application that collects,validates, stores,and disseminates business Information about the federal
government's trading partners in support of the contract award and the electronic payment processes.To register or renew,
please use the following website:https//www Barn go.y SAM!
8. Required Uniform Reporting: For work not included on a state letting,the Grant Accountability and Transparency Act(30 ILCS
708)requires a uniform reporting of expenditures. Uniform reports of expenditures shall be reported no less than quarterly using
IDOT's BoBS 2832 form available on IDOT's web page under the"Resources"tab.Additional reporting frequency may be required
based upon specific conditions or legislation as listed in the accepted Notice of State Award(NOSA).Specific conditions are based
upon the award recipient/grantee's responses to the Fiscal and Administrative Risk Assessment(ICO)and the Programmatic Risk
Assessment(PRA)..
NOTE:Under the terms of the Grant Funds Recovery Act(30 ILCS 705/4.1), `Granter agencies may withhold or suspend the
distribution of grant funds for failure to file requirement reports"if the report is more than 30 calendar days delinquent,without
any approved written explanation by the grantee,the entity will be placed on the Illinois Stop Payment List.(Refer to the
Grantee Compliance Enforcement System for detail about the Illinois Stop Payment List: httpsJLwww_ilbn41s.Q4v/siles/QAIAi
Pa es/'ResourccLibrary.asDx)
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Docusign Envelope ID F715212B-20CB-4C8D-A291-F4A226D390A0
ADDENDA
Additional information and/or stipulations are hereby attached and identified below as being a part of this agreement.
® 1. Location Map
• 2. Division of Cost
® 3. Resolution'
IN 4. g' hw 3i t<IV4
'Appropriation altd signature authority resolution must be in effect on,or prior to,the execution date of the agreement
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Docusign Envelope ID:F715212B-20CB-4C8D-A291-F4A226D390A0
The LPA further agrees as a condition of payment,that it accepts and will comply with the applicable provisions set forth in this agreement
and all Addenda indicated above.
APPROVED
Local Public Agency
Name of Official(Print or Type Name)
David J. Kaptain
Title of Official
Mayor
Signature Date
2/22/2023
The ate"ah"vg.cinnature ce ies the a ncy's TIN number is
366005862 conuucting business as a Governmental Entity.
DUNS Number 010224772 , Y`/
UEI NA/1I/y/Uioi Pia 7
APPROVED
State of Illinois
Department of Transportation
Gia Biagi,Secretary of Transportation Date
Signed by:
KiA Xi M15011, S 6/26/2025 14:02 PM CDT
D 1 aBaon,u,t9ava
Greg Lupton,Acting Engineer of Loral Rnarlc RL Streets Date
N`A
Lora Rensing,Director of Highways 1?I ,r Date
Michael PraterChief Counsel Date
Vicki Wilson,Chief Fiscal Officer Date
Av4
NOTE:A resolution authorizing the local official(or their delegate)to execute this agreement and appropriation of local funds is
required to be attached as an addendum.The resolution must be approved prior to,or concurrently with,the execution of this
agreement.If BLR 09110 or BLR 09120 are used to appropriate local matching funds,attach these forms to the
signature authorization resolution.
❑ Please check this box to open a tillable Resolution Form within this Addenda.
Printed 01/19/23 PagiE&f 7 SLR 05310C(Rev.03/31/22)
Docusign Envelope ID:F715212B-20CB-4C8D-A291-F4A226D390A0
Nlinois Department of Transportation
Memorandum
To: Omer Osman
From: George Tapas, P.E., S.E.
Subject: LPA Agreement Fiscal Approval
Date: May 15, 2023
Attached for your review and signature is a listing and description of local
public agency projects scheduled for the State Letting. The agreements have
been reviewed and found acceptable for fiscal approval.
Page numbers shown with the list of projects correspond to the page number
and line number of the attached project detail spreadsheet.
Should any project need to be excluded from approval on the attached list,
please indicate by check marking the respective"Excluded from Approval" box.
If you have any questions or would like to review individual agreements, please
let me know and we will follow up.
Docusign Envelope ID F715212B-20CB-4C8D-A291-F4A2260390A0
Bureau of Local Roads and Streets
Joint Agreement Approval List
Amount of Excluded
Page Job Number Local Agency Agreement from
Approval
1-1 C-91-196-22 Oak Brook $1,217,562
1-2 C-91-239-22 Bloomingdale $802,350
1-3 C-91-134-22 Warrenville $581,400
1-4 C-91-170-22 Elk Grove Village $949,350
1-5 C-91-030-22 Downers Grove $317,622
1-6 C-91-028-22 Downers Grove $411,859
2-1 C-91-072-23 Sugar Grove $693,157
2-2 C-91-069-23 Aurora $781,523
2-3 C-91-094-23 Clarendon Hills $423,500
2-4 C-92-015-20 Moline $540,295
2-5 C-94-028-21 Washington $7,700,000
2-6 C-98-003-21 Belleville $948,000
3-1 C-91-073-23 Montgomery $1,072,370
3-2 C-93-010-23 Bureau County $2,163,785.26
3-3 C-93-001-24 Iroquois County $1,200,000
3-4 C-95-001-24 McLean County Highway Department $4,050,704.12
3-5 C-96-054-21 Adams County Highway Department $825,000
3-6 C-97-073-23 Wayne County $3.540,000
4-1 C-97-066-22 Lawrence County $977,690.91
4-2 C-98-020-24 Washington County $2,025,000
4-3 C-99-528-12 Perry County $3,218,037
5-1 C-91-123-22 Evanston $6,734,590
5-2 C-91-061-23 Glenview $590,775
5-3 C-98-032-23 Columbia $345,900
5-4 C-99-001-23 Herrin $1,693,785
6-1 C-91-305-09 Elgin $2,885,699
7-1 C-91-003-23 Northlake $1,342,000
7-2 C-91-138-17 Melrose Park $2,641,000
Docusign Envelope ID:F715212B-20CB-4C8D-A291-F4A226D390A0
Bureau of Local Roads and Streets
Joint Agreement Approval List
Excluded
Page Job Number Local Agency Amount of from
Agreement
Approval
7-3 C-92-043-20 Whiteside County $2,225,000
7-4 C-92-052-22 Stephenson County $600,000
7-5 C-93-007-23 Iroquois County $452,564.86
7-6 C-96-091-21 Hancock County $925,000
8-1 C-97-003-22 Fayette County $350,000
8-2 C-97-106-22 Fayette County $450,000
8-3 C-98-010-22 Washington County $400,000
8-4 C-99-002-20 Saline County $320,000
9-1 C-91-079-20 McHenry County $1,250,000
9-2 C-92-045-22 Winnebago County $2,318,625.16
9-3 C-95-012-23 Bement $213,000
10-1 C-97-006-22 Macon County $29,000,000
10-2 C-98-014-20 Sauget $1,372,500
10-3 C-98-004-21 Troy $1,268,000
The above is a listing of joint agreements for improvements scheduled for the
State Letting. The joint funding agreements associated with these projects have
been reviewed by the Department and recommended for execution. Concurrence
is hereby given to execute the joint funding agreements listed above.
•
By: ► By: vi.
Omer Osman, cretary Vicki Wilson, Chief Fiscal Officer
Date: (al 1t -3----
Date: rf . -
By: By:
Steph M. Travia, Dir or o ""-3 an Kim, Chief Coun ,I S. era. a17-
Highways 1�ue
Date: SIaSI�-5 Date: '`
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ADDENDA NUMBER 2 `n
rn
Local Public Agency County Section Number _ State Job Number Project Number
m
City of Elgin I Kane 09-00176-00-BT C-91-305-09 7FF8(480)
m
DIVISION OF COST 0
-n
Federal Funds State Funds Local Public Agency
Type of Work Fund Type Amount % i Fund Type Amount % Fund Type Amount % Totals N
N
Participating Construction CMAQ $2,090,143.00 • LOCAL S522,536.00 BAL $2,612,679.00 07
N
Construction Engineering CMAQ S218,416.00 • LOCAL $54,604.00 BAL $273,020.00 W
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Total $2,308,559.00 Totals Total $577,140.00 $2,885,699 00
If funding is not a percentage of the total place an asterisk(')in the space provided for the percentage and explain below:
*Maximum FHWA (CMAQ) participation 80% not to exceed $2,308,559 (Construction Engineering portion 80% not to exceed $218,416)
NOTE:The costs shown in the Division of Cost table are approximate and subject to change.The final LPA share is dependent on the final Federal and State participation The actual
costs will be used in the final division of cost for billing and reimbursement.
Printed 03/10/23 Page 7 of 7 BLR 05310C(Rev.03/31/22)
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- OPi?S ROAD LEGEND
• EXISTING OFF-STREET PATH ,.
• ADDENDUM 1
�• ' `� . NEW ON-STREET ROUTE PROJECT LOCATION MAP
• NEW OFF-STREET PATH ' ` ELGIN BIKEWAY ROUTE 4
w FOX RIVER TRAIL
• BY OTHERS ALTERNATIVE
ELGIN, ILLINOIS
Docusign Envelope ID:F715212B-20CB-4C8D-A291-F4A226D390A0
State of Illinois )
County of Kane)
City of Elgin )
CERTIFICATE OF CITY CLERK
I, Kimberly Dewis, DO HEREBY CERTIFY that I am the duly qualified City Clerk of
the City of Elgin, in the Counties of Kane and Cook in the State of Illinois, and that as such City
Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal
thereof.
I DO FURTHER CERTIFY that the attached is a full, true, and correct copy of:
RESOLUTION NO. 23-27
RESOLUTION
APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF
ILLINOIS AND THE CITY OF ELG1N APPROPRIATING $577,140 FOR BIKEWAY
ROUTE 4, SW QUADRANT FROM BOWES ROAD/BOWES CREEK BLVD (WEST
LIMITS)TO EAST ROAD/IL ROUTE 31 (EAST LIMITS)
adopted by the Elgin City Council at its legally convened meeting held on February 22, 2023.
In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the
City of Elgin at the said City in the County and State aforesaid this February 28, 2023.
--7-1 2)----(A‘-(--
Kimberly Dewis, City Clerk
).
i► -
Docusign Envelope ID:F715212B-20CB-4C8D-A291-F4A226D390A0
City of Elgin
Location: Various (Bike Path IV)
Section No.: 09-00176-00-BT
Project No.: 7FF8(480)
Job No.: C-91-305-09
Resolution No. 23-27
RESOLUTION
APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF
ILLINOIS AND THE CITY OF ELGIN APPROPRIATING $577,140 FOR BIKEWAY ROUTE
4, SW QUADRANT FROM BOWES ROAD/BOWES CREEK BLVD (WEST LIMITS)TO
EAST ROAD/IL ROUTE 31 (EAST LIMITS)
WHEREAS, the City of Elgin endeavors to construct bikeway route 4, SW quadrant from
Bowes Road/Bowes Creek Blvd to East Avenue/IL Route 31, for a total length of approximately
5.8 miles and known to the Illinois Department of Transportation as Section Number 09-00176-
00-BT and State Job Number C-91-305-09; and
WHEREAS, the construction and construction engineering cost of said improvements has
necessitated the use of federal funds; and
WHEREAS, the City of Elgin received two million three hundred and eight thousand five
hundred fifty-nine and 00/100 dollars($2,308,559.00)in CMAQ federal funding through the Kane
County Council of Mayors for Phase III construction and construction engineering; and
WHEREAS, the federal fund source requires a match of local funds; and
WHEREAS, the use of federal funds requires a joint funding agreement (hereinafter
"AGREEMENT") with the Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED that the City of Elgin authorizes five hundred
seventy-seven thousand one hundred forth and 00/100 ($577,140.00) or as much of such sum as
may be needed to match federal funds in the completion of the aforementioned project known as
Section Number 09-00176-00-BT.
BE IT FURTHER RESOLVED that Mayor is hereby authorized and directed to execute
the above-mentioned AGREEMENT and any other such documents related to advancement and
completion of said project.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: February 22, 2023
Adopted: February 22, 2023
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
Docusign Envelope ID F715212B-20CB-4C8D-A291-F4A226D390A0
Kane County Division of Transportation
Highway Permit: ROW-2023-00004 Z .;.
41W011 Burlington Road St.Charles,IL 60175 .,.0
Phone:(630)584-1171 Fax:(630)584-5239 r, "'
PERMIT INFORMATION
Permit Is NOT valid and NO WORK can begin until an issued date is added and Permittee&County Engineer
signs last page
Permit Number:ROW-2023-00004 Issuance Date.08/01/2023
Permit Type Expiration Date Comments
Right-Of-Way Alteration Permit 08/01/2024 City of Elgin
DESCRIPTION OF PERMITTING IMPROVEMENTS
Docusign Envelope ID.F715212B-20CB-4C8D-A291-F4A226D390A0
Kane County Division of Transportation
Highway Permit: ROW-2023-00004
41W011 Burlington Road St.Charles,IL 60175 ;
Phone:(630)584-1171 Fax:(630)584-5239
permit authorizes the construction for the creation of the bike way along Bowes Road and Randall Road in the City
of Elgin. All work will conform to the following plans,stamped approved by KDOT on 7/26/23,except as modified herein:
Plans for Proposed Federal Aid Highway
FAU 0528(Bowes Road):Bowes Creek Blvd to Randall Road
FAP 0336(Randall Road):Bowes Road to College Green Drive
Roadway Widening and Bike Path Construction
Section 09-00176.00-BT
Letting Date.April 28,2023,Contract No.61J55
With Added and Amended Sheets 4.65."65b".66,"66b",and"66c".
Work shall consist of all appurtenant work including,but not limited to traffic control and protection,utility coordination,
erosion control measures,excavation and embankment,asphalt widening,urethane pavement marking,signage,right of
way regrading and restoration,landscaping,and utility coordination as well as unforseen work required by the Kane
County Division of Transportation. The work is summarized as follows:
LOCATION#1,Bowes Road(Bowes Creek Blvd to Randall Road--
Bowes Road pavement will be widened on the north and south edges to provide for a designated bike lane in the
eastbound and westbound directions. The widening will be as follows:
—North Side of Bowes Road
300'W of Koshare Trail to 925'W of Longcommon Parkway
650'W of Longcommon Parkway to 400'E of Longcommon Parkway
1000'E of Longcommon Parkway to 890'W of Del Webb Boulevard
--South Side of Bowes Road
300'W of Koshare Trail to 250'W of Longcommon Parkway
1000'E of Longcommon Parkway to 890'W of Del Webb Boulevard
Lane Closures will be limited to the hours of 9AM-3PM,Monday-Friday. Message Boards(1 eastbound, 1 westbound)
are required throughout the duration of construction to alert motorists to construction activities.
All Pavement Marking will be Modified Urethane. The Pavement Marking will extend from Sante Fe Trail to Del Webb
Boulevard.
LOCATION#2,Randall Road(Bowes Road to College Green Drive--
The existing 5'wide sidewalk along the east side of Randall Road will be removed and replaced with a 10'wide asphalt
multi-use path in generally the same alignment. Various utility relocations(fire hydrants,drainage structures,etc)will
be necessary to facilitate this work.
Lane closures,if necessary,will be limited to the hours of 9AM-3PM,Monday-Friday. A message board(northbound)
is required throughout the duraction of construction to alert motorists to construction activities.
All Pavement Marking will be Modified Urethane.
LOCATION#3,ADA Improvements at various intersections along the bikeway:
--Bowes Road at Del Webb Blvd
--Bowes Road at Reserve Drive
--Bowes Road at Randall Road
--Randall Road at Menards RIIRO entrance
--Randall Road at Popeye's Right-Out exit
--Randall Road at College Green Drive
Lane closures,if necessary,will be limited to the hours of 9AM-3PM,Monday-Friday.
DEVELOPMENT INFORMATION
Development Name:City of Elgin-Bike Route 4
Township:
Highway Name:Bowes Road and Randall Road
Parcel Number:
Work Order Number
Docusign Envelope ID.F715212B-20CB-4C8D-A291-F4A226D390A0
Kane County Division of Transportation
Highway Permit: ROW-2023-00004
41W011 Burlington Road SI.Charles,IL 60175
Phone:(630)584-1171 Fax:(630)584-5239 :
Permittee Name: Ronald Rudd
Company Title: City of Elgin
Address: 1900 Holmes Road,Elgin,IL 60123(-120
Business Phone 847-931-6081
Mobile Phone.
Email: rudd_r@cityofelgin.org
Contractor Name: David Miller
Company Title: Plote Construction
Address: 1100 Brandt Drive,Hoffman Estates,IL
Business Phone:
Mobile Phone: 847-560-1034
Email: dmiller@plote corn
Engineer Name: Christine Code
Company Title: Baxter&Woodman
Address: 8840 West 192nd Street,Mokena,IL 60448
Business Phone: 815-444-3334
Mobile Phone: 708-870-0245
Email: ccode@baxterwoodman.com
Traffic-Permit Dept.Contact Name: Doris Hohertz
Company Title Chief of Permitting
Address: 41W011 Burlington Road,St Charles,IL 60175
Business Phone: (630)584-1171
Mobile Phone:
Email: hohertzdoris@co.kane.il.us
i
Definitions
• The terms,wherever utilized in this Permit,shall have the same meaning as set forth in the DEFINITIONS
section of the KDOT-TPR unless otherwise set forth herein below:
• Contractor-The Permittee of the agent(s)of the Permittee who will construct or assist in the construction of the
improvement.
• County Consultant-an individual of entity that possesses a Professional Engineer's License and provides
professional advice and expertise on engineering matters to the County relative to the Permittee's Plans and
construction of the improvement
• Improvement-the entire project including all work and material therefor as described in this permit and as
contained and set forth in the approved Plans.
• Signals-Electronic traffic control devices also referred to as:traffic lights,traffic control devices,stop and go
lights or traffic control signals,intended for the regulation of vehicular and pedestrian traffic at an Intersection
where such devices on the different legs of the same intersection altemately direct traffic to stop and to proceed
• Standard Specifications of Road and Bridge Construction-the most recent edition of the Illinois Department of
Transportation's manual by the same title.
• Supplemental Specifications and Recurring Special Provisions-the most recent edition of the Illinois Department
of Transportation's manual by the same title.
• Throat-the area of a highway,access road,internal access road,leg of an intersection,private road,alley or
driveway where the intersection with any of the same is not permitted.
A-General
Docusign Envelope ID:F715212B-20CB-4C8D-A291-F4A226D390A0
Kane County Division of Transportation
Highway Permit: ROW-2023-00004 . ,,;;;,.
41W011 Burlington Road St.Charles,IL 60175 3',-•!-;,,
Phone:(630)584-1171 Fax:(630)584-5239
• A-001 -This Permit is issued pursuant to the Kane County Division of Transportation-Permit Regulations and
Access Control Regulations(KDOT-TPR)as may be amended which regulations are incorporated herein and
made a part hereof.The provisions of this permit are provided for quick reference by the Permittee and are not
intended to modify the provisions of KDOT-TPR unless otherwise specifically indicated herein.
• A-002-Only this Permittee is authorized to perform work in the County highway right-of-way to construct the
Improvements.
• A-003-The County will not perform or financially participate in any work that may be a part of or arise from the
Improvement
• A-004-The County Permit Department and/or Consultant shall oversee the Improvement in the interest of the
County.The County and/or the Consultant are not responsible for coordinating the Permittee's materials
consultant for testing on the Improvement The Permiltee will be responsible for the layout of the Improvement.
• A-005-No work is authorized to start until all of the Pre-Construction Requirements as set forth herein have been
met.
• A-006-No work activities that disrupt vehicular traffic are allowed before 9:00 am or after 3:00 pm.Extended
work hours are allowed if approved in writing by the County and:a)Work is done from behind barricades and
traffic is not disrupted.b)It is proven that extended hours will result in the completion of the Improvements
significantly ahead of the County approved completion schedule.
• A-007-A site meeting with the County and Permittee's contractor shall be held every two weeks to review the
Improvement's progress schedule.The County shall set the time and date of the site meeting.The Contractor
shall be required to attend all site meetings.
• A-008-An updated schedule shall be submitted to the County by the Permittee every two weeks at the site
meeting.
• A-009-All disturbed areas of the highway right-of-way shall be restored to as good or better condition than
before the work started.
• A-010-Construction and other related activities allowed pursuant to this Permit shall not at any time or under any
circumstances,create any hazard to the motoring public or other users of the County right of way.
• A-011 -The term,provisions,and conditions of this Permit shall apply to the successors or assigns of the
Permittee.The Permittee shall not assign this permit.
• A-012-Contractors must have a copy of this Permit and approved plans at the job site for inspection by the
County al alt times.
• A-013-The County(KDOT Permit Department)and/or the County Consultant shalt be notified at least 2
approved working days(weekends and County holidays not included)in advance of(i)the starting date of any
work on any right-of-way,(ii)proof rolls,(iii)asphalt work,and(iv)changes in traffic flow.
• A-014-The Permittee is responsible for any damages to any County owned facility or property whether personal
or real.within the construction limits of the Improvement.
• A-015-All work performed hereunder shall comply with the Kane County Stormwater Ordinance,latest edition.
• A-016-All debris placed or tracked in or on the County Highway right-of-way shall be removed immediately and
properly disposed of by the Permittee.
• A-017-All workers within the right-of-way of a County Highway are required to wear high-visibility safety apparel
(ANSI Class 2 or 3)per FHWA 23 CFR Part 634.
B-Pre-Construction
• B-001 -The Permittee shall submit a progress schedule for the Improvement to the County. The County shall
review the progress schedule and when requested by the County the Permittee shall adjust it to the satisfaction
of the County.
• B-002-The County will conduct a pre-construction meeting with the County Consultant in attendance(to be
determined by the County).The Permiltee and the Contractor shall attend the pre-construction meeting.
• B-003-Prior to commencing any work on the Improvement,the Permittee shall submit required certificates of
insurance from the Permittee,the Contractor,and any sub-contractors.
Docusign Envelope ID F715212B-20CB-4C8D-A291-F4A226D390A0
Kane County Division of Transportation
Highway Permit: ROW-2023-00004 8',�••• q\Q
41W011 Burlington Road St.Charles,IL 60175
Phone:(630)584-1171 Fax:(630)584-5239
iZ rUnP
• B-004-Advanced Warning Signage and/or a message board shall be posted by the Permittee as required by the
County.The County will prepare the press release notice(s)which will be published at least 72 hours prior to the
start of construction of the Improvement. Notifications shall communicate the date when construction will start
and the duration of the project.The Permittee shall be responsible for all costs of any newspaper publication.
• B-005-The Permittee shall submit and the County shall receive a list of 24-hour contact numbers for all
Permittee Contractors,sub-contractors and traffic control maintenance contractor.
• B-006-The County's Signal Maintenance Contractor shall be contacted for identification and location of traffic
signal,interconnect and approach lighting facilities in County right-of-way.
C-Traffic
• C-001 -The County approval is required for any highway lane closure.Advanced Warning Signage and/or
message boards shall be posted at least 3 days in advance of construction activities that will cause significant
disruption(i e.work changing from one side of street to the other,lane closures,etc.)to the motoring public If
there is no ongoing work activities that require the lane closure,no lane closures will be allowed.
• C-002-The Permiltee shall be responsible for providing traffic control during construction of the Improvement.
Traffic control shall be in accordance with the IDOT and KDOT standards and the MUTCD for highway
construction,and the Plans.
• C-003-The flow of traffic shall not in any manner be hindered at any time,unless authorized by the County.
• C-004-The County shall limit Permittee activities in the right-of-way if it is determined that such limitations are
necessary to ensure the efficiency of vehicular traffic and the safety of the motoring public.
• C-005-The County reserves the right to control the operation and movement of vehicular traffic affected by the
Improvement or this Permit including future changes in operation and traffic movements needed because of
improvements to or changing conditions of the County Highway.
• C-006-All temporary traffic control(TTC)signs shall be placed per Section 6F.03 of the MUTCD.
• C-007-All TTC signs shall be installed on permanent,in-ground mounted posts.Two posts per sign.
• C-008-All TTC signs shall be equipped with flashing warning lights to call attention to the advance warning
signs.
D-Construction
• D-001 -No equipment(i.e.trenchers,backhoes,etc.)is authorized to operate on the pavement of the highway
and shall be operated outside the shoulders of the highway unless pre-approved by the County
• D-002-No excavated and/or backfill material shall be stockpiled on the highway or the shoulder of the highway
• D-003- All disturbed areas in or adjacent to the right-of-way shall be properly barricaded overnight on
weekends,and on days when no work is being performed.Barricades shall be erected and in conformance of
IDOT standards at all times.
• D-004-Unprotected open trenches are not allowed.
• D-005-The Permittee shall be responsible for any revisions needed to accommodate construction due to
unforeseen field conditions,highway maintenance,or safety problems that become apparent during construct on
of the Improvements.
• D-006-The Permittee shall receive approval from the County for any and all field changes needed prior to
implementation thereof.
• D-007-Pavement saw cutting shall be required of the highway pavement or other facilities when damage thereto
results from Permittee activities,said cutting in the case of widening shall be along the edge of pavement,or as
directed by the County.
• D-008-The Permittee is responsible,during construction of the Improvement for maintenance and upkeep of the
County right-of-way,any highway pavement,and the Improvement,and other appurtenances as deemed
necessary by the County.This includes,but is not limited to,removal of mud and debris from highway surface.
and the maintenance of drainage systems and turf areas.
Docusign Envelope ID F715212B-20CB-4C8D-A291-F4A226D390A0
Kane County Division of Transportation ;;" ;;�
Highway Permit: ROW-2023-00004
41W011 Burlington Road St.Charles,IL 60175 S t.y 1•::
Phone:(630)584-1171 Fax:(630)584-5239 ti
• D-009-The Permittee shall be responsible for the provision and maintenance of soil erosion and sedimentation
control devices as provided in the Plans.
• D-010-The Improvement and work activities required to construct the Improvements shall not interfere with
natural drainage of the highway and/or the right-of-way.
• D-011 -The Improvement and work activities required to construct the Improvements shall not interfere with other
area highway construction or maintenance projects.
• D-012-Trees or shrubbery shall not be removed,cut,trimmed,or disturbed within the highway right-of-way
without the prior approval of the County.
• 0-015-Proof roll acceptance of the sub-grade/sub-base by the County is required prior to any paving operations.
The Permittee shall be required to perform proof rolls after rain events when requested by the County.
• D-016-The County shall suspend construction activities and require a winterization plan,as determined by the
County,if pavement improvements cannot be completed by November 15th.The winterization plan shall require:
(a.)Pavement marking with water borne or modified urethane paint.(b.)Road surface shall be smooth with
feathering of pavement at ends of the project.(c.)Road signage as required by the County on permanent posts.
(d.)Shoulders shall be compacted and level with the roadway pavement.(e.)Erosion control shall be put in
place.(f.)Monitoring of pavement and shoulder conditions every two weeks,or after a snow removal operation.
Winterization may require additional pavement markings or other remedial work as required by the County to
insure the safety of the motoring public.
• D-017-The Permittee is responsible for any required signs associated with the safe travel of the motoring public
through the Improvement construction zone.
E-Paving
• E-001 -Fresh Oil Ahead signs shall be erected a minimum of 500 feet in advance of each end of the area to be
primed and surfaced at least 24 hours prior to applying bituminous materials(prime coat)and aggregate(prime
coat). Additional signs shall be installed for all side roads within the area to be primed. If the area to be primed
does not begin at the intersection of two roads,an additional sign shall be installed at the nearest intersection
preceding the area to be primed.
• E-002-All signs shall remain in place until the leveling binder course has been placed or until the prime coat has
fully cured as determined by the County.
• E-003-Signage shall have minimum dimensions of 48 inches by 48 inches,black lettering and border,and
orange reflective background Trained personnel are to be stationed to control traffic at all intersections and
crossroads until the prime coat has cured.
• E-004-No priming shall be performed unless the pavement is dry and conditions are forecast to be dry
immediately prior to the start of priming.
• E-005-The lane being primed shall be closed to traffic until the binder prime has cured and pavement markings
have been placed.
• E-006-Compliance with Sections 404,405 and 406 of the Standard Specifications is required.
• E-007-Bituminous base course shall be in accordance with latest edition of the Standard Specifications and
Supplemental Specifications.
• E-008-Asphalt surface mix"padding'shall be placed at the transition between the new and existing pavement.
• E-009-Pavement markings shall be placed on the level binder or surface coarse prior to opening to traffic.
H-Special Req
• H-009-No equipment will be allowed to park along the County Highway right-of-way that will block or hinder
traffic or vehicle sight lines.No overnight parking will be allowed on the right of way.
Docusign Envelope ID:F715212B-20CB-4C8D-A291-F4A226D390A0
Kane County Division of Transportation 0.54:
Highway Permit: ROW2023.00004 41W011 Burlington Road St.Charles,IL 60175Phone:(630)584-1171 Fax:(630)584-5239
• H-011 -At the completion of the Improvement the County will require an"As Built"set of Plans.These Plans shall
include all changes that have been done in the field to complete the Improvement.The improvements shall be
tied in to the State Plane Coordinating System-Zone IL.E and North American Datum 83(NAD83). The record
drawings shall be submitted in the form of a burned CD,as follows:a)Drawing format shall be Micro Station
(.dgn)and/or AutoCad(.dwg);b)Plan sheets shall be included as a collection of scanned files or images as
Tagged Information File Format(.tif)files.
•Enforcement
• J-001 -The Permittee shall pay any vehicular damage claims that the County deems to be caused by a failure of
the Permittee to follow the requirements of the PAVING REQUIREMENTS section of this Permit.The County
shall cause payment of the claim plus processing costs to be made from the letter of credit for this Permit if the
Permittee fails to pay the claim as directed by the County.The County Engineer shall have the final decision on
any claim against the Contractor,subcontractor or the Permittee for non-compliance.
• J-004-The County has the right to suspend this Permit without prior notice if any of its requirements or
conditions are not followed.
• J-005-The County has the right to suspend this Permit due to a lack of progress on the Improvement
• J-007-The Permittee shall not perform any work or participate in any activity within the right-of-way that is
beyond the scope of this Permit.
X-Maintenance
• K-001 -After completion and acceptance of these Improvements by the County,the County shall maintain,in
accordance with its normal maintenance policies,the drainage system,(including ditches),pavement widening
including turning lanes,pavement markings and traffic control devices,curb and/or gutters,shoulders and turf
areas located within the right-of-way of the County highway.
• K-002-The Permittee,after completion and acceptance of the Improvement,may provide additional mowing of
turf areas as needed or provide other maintenance operations such as removing garbage and debris within the
County highway right-of-way.
• K-003-The Permittee,after completion and acceptance of the Improvements,shall be responsible for the
removal of snow,ice,gravel,and other debris from the paved surface on the access and all other access
roadways to or from the County highways,keeping the access in a safe condition at all times for the roadway
user.
• K-004-The County does not allow without a permit,alteration work in the highway right-of-way after the
acceptance of the Improvement by the County
L-Claims
• L-001 -The Permittee,its heirs,its successors,grantees and assigns,covenants and agrees that it will not let or
permit or suffer any lien to be put,placed upon,arise or accrue against the right-of-way or funds of the County in
favor of any person or persons,individual or corporate,furnishing labor or material in any work contemplated
herein.Permittee,its heirs,its successors,grantees and assigns,further covenants and agrees to hold said right
of-way and/or funds of the County free from any and all liens,or rights or claims of ten which might arise or
accrue under or be based upon any Mechanic's Lien Law of the State of Illinois either now in force or to be
enacted.All contracts and agreements that may be made by Permittee or Permittee's contractor relating to any
work herein proposed shall expressly state that the interest and reversion of the County in and to said right-of-
way or funds shall be wholly free from and not subject to any lien or claim of any contractor,subcontractor,
mechanic,material man or laborer whether passed upon any law,regulation of the State of Illinois,or any other
authority,now in force or hereafter to be enacted,and Permittee or Permittee's contractor also agrees and
covenants that it will not enter into any contract for such work which shall not in express terms contain the
aforesaid provisions.The County does not allow without a permit,alteration work in the highway right-of-way
after the acceptance of the Improvement
Docusign Envelope ID F715212B-20CB-4C8D-A291-F4A226D390A0
Kane County Division of Transportation
Highway Permit: ROW-2023-00004 0
41 W011 Burlington Road St.Charles,IL 60175
Phone:(630)584-1171 Fax:(630)584-5239 "' F^
TF-.1111
• L-002-This Permit is effective only insofar as the rights of the County in the right-of-way or property or to the
extent that the County has jurisdiction over the right-of-way or property and does not presume to grant any
consent or privilege over any right-of-way,property or any part of any right of way or property which may be
under the control or ownership of some other entity,individual or jurisdictional body nor to release Permittee from
compliance with the provisions of any standards,regulations.Ordinances,laws and/or statutes relating to such
construction.It is the sole responsibility of the Permittee to ensure that all other necessary permissions,licenses
and easements have been obtained from any other property owners prior to the commencement of the work
described in this Permit.
• L-003-The Permittee and all persons involved in the construction and other related activities of this Permit shall
pay all damages,judgments,costs and expenses,including attorney fees and court costs in connection with or
resulting from the construction and other related activities of this permit regardless of any limitations of insurance
coverage.
• L-004-The Permitlee shall be responsible for the repair of any damage to highway facilities and/or facilities of
others located within the County Highway right-of-way caused by the construction of this permit or Improvements
to the property served by this Permit.This includes,but is not limited to,the highway pavement,shoulders,ditch
lines and signage.
• L-005-To the fullest extent permitted by law,the Permittee and any all persons involved in the construction and
other related activities of this Permit shall indemnify and hold harmless the COUNTY,and its officials,directors,
officers,agents,and employees from and against any and all claims,damages,losses,and expenses,including
but not limited to court costs and attorney's fees,arising out of or resulting from performance of the work to
construct,repair or maintain the improvement,provided that such claim,loss or expense is attributable to bodily
injury,sickness,disease or death,or to injury to or destruction of property,including loss of use resulting
therefrom,to the extent caused in whole or in part by negligent acts or omissions of the CONSULTANT,a sub-
consultant,anyone directly or indirectly employed by them or anyone for whose acts they may be liable.Such
obligation shalt not be construed to negate,abridge or reduce other rights or obligations of indemnity,which
would otherwise exist as to a party or person described in this paragraph.In claims against the COUNTY and its
officials,directors,officers,agents,and employees by an employee of the Permittee,a sub-contractor,anyone
directly or indirectly employed by them or anyone for whose acts they may be liable,the indemnification
obligation under this paragraph shall not be limited by a limitation on the amount or type of damages,
compensation or benefits payable by or for the Permittee or a sub-contractor under worker's or workmen's
compensation acts,disability benefit acts or other employee benefit acts.
• L-006-Nothing contained herein shall be construed as prohibiting the COUNTY,its officials,directors,officers,
agents,and employees,from defending through the selection and use of their own agents,attorneys and experts,
to defend any claims,actions or suits brought against them.
• L-007-If any errors,omissions,intentional or negligent acts are made by the Permittee or sub-contractor in any
phase of the Improvement,the correction of which requires additional field or office work,the Permittee shall be
required to perform such additional work as may be necessary to remedy same without undue delay and without
charge to or cost of the COUNTY.
• L-008-Acceptance or approval(as the case may be)of the improvement by the COUNTY will not relieve the
Permittee of the responsibility for the quality of the work,nor of the Permilee's liability for loss or damage to
property or persons resulting therefrom.
N-License Agreement
• N-001 -This permit is effective only insofar as the County has jurisdiction and does not presume to grant any
consent or privilege over any part of any road which may be under the control of some other jurisdiction body or
to release Applicant from compliance with the provisions of any laws or statutes relating to such construction.
• N-002-It is understood that the construction work permitted hereunder shall commence within one year after the
date this permit is approved,unless an extension of a shorter or longer time is granted by the County Engineer.
Otherwise,this permit shall become null and void.
• N-003-Permittee,its successors,grantees and assigns,in performing the work shall not interfere with or
obstruct traffic on said road or roads,and,as soon as practical after laying and constructing said Improvements,
shall restore the road or roads to the former condition,including not limited to regrading shoulder,shoulder slope,
ditch,and back slope to its original cross section,fertilizing,reseeding and covering same with mulch and
replacing the aggregate shoulder along pavement. In the event any costs are incurred by the County that are
directly necessary and attributed to interim maintenance of the above in order to provide safe road conditions,the
Permittee,it successors,grantees and assigns,agrees to reimburse the County in full for all costs upon
submission of a proper invoice covering and explaining the same.
Docusign Envelope ID:F715212B-20CB-4C8D-A291-F4A226D390A0
Kane County Division of Transportation ,;
Highway Permit: ROW-2023-00004
41W011 Burlington Road St.Charles,IL 60175 S l;•�,;y @
Phone:(630)584-1171 Fax:(630)584-5239R;� .
• N-004•Permittee,its successors,grantees and assigns,shall install road crossing or crossings.without +'
disturbing the existing surface or base of the roadway,by auguring.All boring,auguring,or jacking pits shall be a
minimum of ten(10)feet from the closest edge of pavement or traveled portion of the road.
• N-005-Perrnittee,its successors.grantees and assigns,shall not carry on construction activity between the
shoulder points of any of the County roads covered in this permit.All equipment,including trenchers,backhoes,
and the like,shall at all times be operated outside the shoulder point limits.All excavated and backfill material
shall be stockpiled or placed outside the shoulder point limits.
• N-006-Permittee,its successors,grantees and assigns,shall lay,construct,operate,and maintain said
Improvements so as not to interfere with the natural drainage of the road and so as not to Interfere with the
construction or maintenance of said road.The County shall riot be liable for any damages to the improvements
which may result from routine maintenance of the right-of-way.Said improvements shall be placed below the
surface so as not to interfere with public travel as shown on the attached drawings.The minimum depth below
the bottom of the ditch line shall be five(5)feel
• N-007-Permittee,its successors,grantees and assigns,shall lay,construct,and erect said Improvements in
such a manner as not to interfere with private entrances or subsurface drainage of properties now abutting on the
highways or roads associated with this permit.If private entrances are disturbed,they shall be replaced by
regrading.replacing aggregate and bituminous cover and fertilizing,seeding and mulching and replacing
aggregate shoulders.If subsurface drainage tile is disturbed,it shall be properly repaired or replaced.The County
shall not be liable for any damages,including crop damage,due to any act or failure to act of the Permittee
associated with the requirements of this paragraph and the Permittee further hereby indemnifies and holds the
County harmless regarding the same
• N-008-Permittee,its successors,grantees and assigns,shall not trim,cut or in any way disturb any trees or
shrubbery along said highway without the approval of the County Engineer or his duly authorized representatives.
• N-009-Permittee,its successors,grantees and assigns,shall assume all risks and liabilities and forever hold the
County harmless for any and al accidents and damages that may accrue to persons or property that are in ANY
WAY associated with or relating to the construction,laying,maintenance,and/or operation of said Improvements.
• N-010-Permittee,its successors,grantees and assigns,shall notify the County Engineer not less than 48 hours
in advance of the starting date of any work on the road or roads listed herein.
• N-011 -Permission for future maintenance work required on said Improvements is not granted by this permit
Individual work orders or permits will be granted by the County Engineer for future maintenance work on said
Improvements that will disturb the road right-of-way.
• N-012-The Permittee acknowledges that this permit does not grant an easement to the County right-of-way
Should the County's construction,operation,maintenance and/or future expansion of any highway or roadway
associated with this permit require any alteration or change of location of the Improvement provided for in this
permit,said requested alteration shall be made by the Permittee without expense to the County,upon a written
request of the County Engineer.
• N-013-All obligations,agreements,representations,warranties and indemnifications made hereunder shall
survive the one(1)year construction period set forth in Paragraph 2 above.
Docusign Envelope ID:F715212B-20CB-4C8D-A291-F4A226D390A0
Kane County Division of Transportation
Highway Permit: ROW-2023-00004
41 W011 Burlington Road St Charles,IL 60175
Phone.(630)584 1171 Fax (630)584 5239 ,.�-f�
<-,w
Permit Number ROW•2023.00004
Total Foes S
THE UNDERSIGNED PERMITTEEJAPPLICANT AGREES TO FOLLOW ALL REQUIREMENTS OF THIS PERMIT AND
THE KANE COUNTY ACCESS CONTROL REGULATIONS,(KDOT•TPR)
All Permittee signatures not signed and witness in the offices of Kane County Division of Tansportation must be
NOTARIZED before the County will accept and issue the permit.
Ls R(>,fo{ (2 ' ',4 //z3
Permittee of Authorized Representative(Print) Signarrnc Date
CO-Pcnnittec of Authorized Representative(Punt) Signature Date
Notary Signature Date
Authorized Municipal Officer(Print) , na we Date
Doris Hohcrtz,P.E. `� L •
08/01 /2023
Approved by Chief of P 'mtmng(Print) op, Srgnaturr t Da;e
Carl Schoedel,P.E County Engineer 08
/01 1 2023
Authorized County Officer(Print) ra tie Date