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01-277 Resolution No. 01-277 RESOLUTION AUTHORIZING EXECUTION OF A HIGHWAY PERMIT FROM THE KANE COUNTY DIVISION OF TRANSPORTATION FOR SIDEWALKS ALONG RANDALL ROAD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schack, Mayor, be and is hereby authorized and directed to execute a highway permit on behalf of the City of Elgin with the Kane County Division of Transportation for sidewalks along Randall Road, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: October 24 , 2001 Adopted: October 24 , 2001 Omnibus Vote : Yeas : 5 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk .`OF ECC , % � Agenda Item No. ; � Cityof Elgin -4""„0.- E •', L , � October 5, 2001 G ; t ` oft, o TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager NEIGHBORHOOD VITALITY SUBJECT: Proposed Highway Permit with Kane County for Sidewalks on Randall Road PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider the proposed highway permit with Kane County with respect to sidewalks along Randall Road. BACKGROUND rik One of the requirements of the Meijer/Menard development located along the east side of Randall Road between College Green Drive and Bowes Road is the construction of public sidewalks along the Randall Road frontage . The sidewalks are being constructed in accordance with City ordinance and at no cost to the City. Kane County requires a highway permit due to the proposed location of the sidewalk within Randall Road right-of-way. The attached highway permit requires the City to be the permittee although the developers will construct . The permit requires the City to maintain (snow removal, repairs, etc. ) and accept all liability for the sidewalk within the County' s right-of-way. The City will be required to maintain adjacent areas (ditch mowing) . Currently the mowing is performed by the property owners to maintain appearances . The County can direct the City to remove or pay for the removal of the sidewalk should the County need their right-of-way. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Paul Rogowski, Kane County Highway Department r Randall Road Sidewalks fek October 5, 2001 Page 2 ikp . FINANCIAL IMPACT uture maintenance costs will be the responsibility of the City and will be included in future years' street maintenance budgets . LEGAL IMPACT one . ALTERNATIVES None. RECOMMENDATION It is recommended that the City Council authorize the Mayor and the City Engineer to execute the highway permit with Kane County. ectcflYsubm2, rk � C Joyce A. Parker City Manager JE:do Attachment KANE COUNTY DIVISION OF TRANSPORTATION ,4,, N� ii J4 i::.., 9..\: Highway Permit �rw 4-7*.tzri) r Phone (630)584-1171 "Ne- GtticQo Fax (630)584-5239 7"1-2.3e. Issuance Date: i _ e Comments 6-v. -0-+24--j-74( “11-7. _ Until terminated by a written sixty (60) day notice by the City or County(see paragraph 54) ralk along the eastern right-of-way of Randall Road from �w�CyC v�een unve io tsowes i oaa in tigin, IL according to the plans"Randall Road Sidewalk Exhibit"dated June 6,2000 prepared by Manhard Consulting, LTD and site construction drawing sheet C200 prepared by Woolpert LLP dated May 2000. The sidewalk shall hereinafter be referred as Improvements. Development Information Name of Development Meijer/Menards Development Land Use Commercial "k Location Randall Road and Bowes Road northeast corner _ Township Elgin _ Section number 28 Highway Randall Road Construction Cost Estimate Permittee information Company City of Elgin Authorized Representative Joe Evers Street Address(1) 150 Dexter Court Street Address (2) City Elgin State Illinois Zip Code 60120-5555 Phone 847-931-5958 Fax: Municipality Information Municipality City of Elgin Authorized Representative _ Ed Shock Street Address(1) 150 Dexter Court Street Address(2) ellik City Elgin State Illinois Zip Code 60120-5555 Phone 847-931-5958 Fax: Page 1 County Information County Contact John Guddendorf —Permit Administrator Phone 630-406-7382 County Consultant Crawford Murphy and Tilley County Consultant Contact P.J. Fitzpatrick County Consultant Phone 630-820-1022 Signal Maintenance Contractor Aldridge Electric Signal Maintenance Contact Dispatch Signal Maintenance Phone _ 847-680-5210 General Requirements 1. Permittee is authorized to perform work in the County highway right-of-way to construct Improvements. 2. The County will not participate in any extra work that may arise from this Improvement. 3. The County Consultant shall oversee the Improvement in the interest of the County.The County and the County Consultant is not responsible for coordinating the Permittee's materials consultant for testing on this project.The Permittee will be responsible for the layout of the project. 4. No work is authorized to start until all of the Pre-Construction Requirements have been met. 5. No work activities that disrupt traffic are allowed before 9:00 am or after 3:00 pm. Extended work hours are allowed if approved by the County and: a. Work is done from behind the 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 schedule. 6. Site meeting with the County and Permittee's contractor every two weeks to review progress schedule. 7. An updated schedule shall be submitted to the County every two weeks at site meeting. 8. All disturbed areas in the highway right-of-way shall be restored to as good or better than before the work started. 9. Construction and other related activities of this permit shall not at any time or under any circumstances, create any hazard to the motoring public. 10. The term,provisions, and conditions of this permit shall apply to the successors or assigns. 11. Contractors must have a copy of this permit at the job site for inspection by the County. 12. The County and County Consultant shall be notified at least 48 hours in advance of the starting date of any work on any right of way,proof rolls,asphalt work,changes in traffic flow. Pre-Construction Requirements 13. The County receives and approves a progress schedule for the Improvements. 14. The County conducts a pre-construction meeting with the attendance of the County's consultant, Permittee and Permittee's contractor. 15. Certificates of Insurance from the Permittee, contractor, and sub contractors naming the County and the County's Consultant as additionally named insured. 16. Advanced Warning Signage and/or message board shall be posted and press release notices sent out indicating when work is to start and be published at least 48 hours prior to the start of construction. Notifications shall communicate the date when construction will start and the duration. 17. The County receives a list of 24-hour contact numbers for all contractors, sub-contractors and traffic control maintenance contractor. Page 2 18. The County Signal Maintenance Contractor shall be contacted for identification and location of traffic signal, interconnect and approach lighting items in the County right-of-way. Traffic Control Requirements 19. The County approval is required for any lane closure. Advanced Warning Signage and/or message boards 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. 20. The Permittee shall be responsible for provisions of traffic control during construction. Traffic control shall be in accordance with the Illinois Department of Transportation standards and the Manual of Uniform Traffic Control Devices for highway construction,and approved engineering plans. 21. The flow of traffic shall not be hindered at any time,unless authorized by the County. 22. The County shall limit work activities in the highway right-of-way if it is determined that such limitations are necessary to ensure the safety and efficiency of the motoring public. 23. The Kane County Division of Transportation reserves the right to control the operation and traffic movements of this Permit including future changes in operation and traffic movements needed because of improvements to or changing conditions of the County Highway. Requirements for Construction Activities 24. No equipment(i.e.trenchers,backhoes,etc.)is authorized to operate on the pavement of the roadway and shall be operated outside the shoulders of the roadway unless pre-approved by the County of Kane. 25. No excavated and/or backfill material shall be stockpiled on the roadway or the shoulder of the roadway. 26. All disturbed areas in or adjacent to the highway right-of-way shall be properly barricaded overnight, on weekends, and on days when no work is being performed. Barricades shalt be up and in conformance of the Illinois Department of Transportation standards at all times. 27. Unprotected open trenches are not allowed. 28. 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 construction. 29. The Permittee shall receive approval from the County for field changes needed prior to their implementation. 30. Pavement saw cutting is required when there is damage resulting from work activities, along edge of pavement for widening,or as directed by the County. 31. The Permittee is responsible during construction for maintenance and upkeep of the right-of-way, vicinity highway pavement, and Improvements,and other 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. 32. The Permittee shalt be responsible for the provision and maintenance of soil erosion and sedimentation control devices as provided in approved Improvement plans. 33. The Improvements and work activities required to construct such shall not interfere with natural drainage of the road and the right of way. 34. The Improvements and work activities required to construct such shall not interfere with other area highway construction or maintenance projects. 35. Trees or shrubbery shall not be removed, cut, trimmed, or disturbed within the highway right-of-way without the approval of the County. 36. All permanent road signage shall be erected before roadways and accesses are opened to the motoring public. The Permittee is responsible for any required signs associated with the safe travel of the motoring public through Vie"` the construction improvement. Page 3 • Authorization for Temporary Construction Access 37. No temporary construction access shall be allowed. /►� 38. All work shall be done from behind the curb and gutter. • 39. All debris placed or tracked in the County right-of-way shall be removed immediately from the roadway and properly disposed. Authorization for Public Use of Access 40. Public access will not be permitted for public use until the Improvements have been completed and accepted by the County. 41. Access shall be closed and barricaded until the County authorizes the use of the public access. License Attreement 42. The City shall have the right to use,operate,maintain,replace and remove the Improvements. 43. The City shall be responsible for all costs to use,operate,maintain,replace and remove the Improvements. 44. The City shall not use the premises for the purpose other than for the Improvements. 45. The City shall notify the County at least 48 hours in advance before making repairs. No notification is necessary for bona fide emergencies and routine inspection and maintenance. 46. The City agrees not to erect, install, construct or permit to be erected, installed or constructed, any building of either a temporary or permanent nature on or about the right-of-way. 47. The City shall perform routine maintenance on the Improvements and on that portion of right-of-way within the limits of the Improvements. Said right-of-way and Improvements shall be maintained in a neat,clean orderly and presentable condition to the satisfactory of the County. Routine maintenance shall consist of work necessary to keep the Improvements level with the surrounding terrain, cut grass and weeds, collection and disposal of litter and garbage,and the repair or replacement of damage or severely cracked areas. 48. The City shall perform routine maintenance on the Improvements and adjacent area as requested and directed by the County. If the City fails to perform routine maintenance to the satisfaction of the County within fifteen days of written notice,the County may at its election perform such routine maintenance. The City shall reimburse the County for the cost and expense of any routine maintenance within sixty days of receipt of invoice. 49. The City acknowledges that the County may at its option improve and/or realign Randall Road at any date(s) in the future. The County may direct the removal or relocation of the Improvements. The City,at the election of the County, shall either reimburse the County for all costs and expenses in any way associated with the removal, relocation and reinstallation of the Improvements or at the request of the County, the City at its sole cost and expense to provide the labor,material and equipment required to remove,relocate and reinstall,to other portions of the right-of-way of Randall Road. Said removal, relocation, reinstallation shalt be to a location deemed appropriate by the County. The City shall reimburse the County within sixty days upon invoice by the County. 50. The City shall comply with an applicable environmental statutes,ordinances,rules,regulations and others issued or promulgated by any federal, state or local government agency thereof. The City shall reimburse the County for all fines, penalties, or remedies to correct an actual or alleged violation when said violation is caused or permitted by the City. Notwithstanding the expiration or termination of this license,the City shall remain liable for all costs provided for in this paragraph, and shall further remain obligated to defend, indemnify and hold harmless the County for any and all violations or alleged violations directly related to the improvement upon the County right-of-way caused during the term of this license. 51. The County is not liable to the City for damage to the Improvements due to operation,maintenance or removal of any present or future highway or appurtenance of the County. The County reserves the right to construct, maintain,use,operate, relocate,reconstruct and renew any highway or appurtenance as it may at any time from time to time desire. l 52. The City agrees to require their contractor(s)to purchase and maintain an Owner's Protective Policy in the name of the County at the sole cost of the City or their contractor(s) and furnish said policy to the County prior to commencing work in the right-of-way. Insurance coverage shall be kept in force during the term of all work to be performed in the right-of-way. Page 4 53. Upon termination of this license,the City shall, only at the request of the County,and at the sole expense of the City, remove the Improvements and restore the right-of-way if disturbed by the City to the satisfaction of the County. The City shall reimburse the County for any expenses incurred by the County in connection with said removal and restoration. 54. The license shall remain in effect for as long as the city maintains the sidewalk at the subject location. The license may be terminated by a written 60 day notice by the City or the County in the event the City removes the sidewalk improvement from the County right of way or upon a written 60 day notice by the County in the event the County requires the relocation of the sidewalk for the widening of Randall Road. Enforcement and Security 55. Reduction in the letter of credit will not be granted if any previous bills have not been paid. 56. The County shall suspend this permit without notice if any conditions are not followed. 57. The County shall suspend this permit due to a lack of progress. 58. The County has the right to modify the letter of credit for this permit to cure defaults (i.e. engineering review costs, construction observation,work activity deficiencies, improvement deficiencies, claims for prime damage, etc.). Maintenance and Relocation Responsibilities 59. After completion and acceptance of these improvements, 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 area located within the right-of-way of the County Highway. 60. The City,after completion and acceptance of the Improvements, may provide additional mowing of turf areas as needed or provide other maintenance operations such as removing garbage and debris. 61. The City, after completion and acceptance of the Improvements, shall be responsible for the removal of snow, ice,gravel,and other debris from the sidewalk and keeping it in a safe condition for the motoring public. 62. The County does not allow without a permit, alteration work in the highway right-of-way after the acceptance of the Improvements. Claims, Liens,and Liability 63. The Permittee, 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 other business entity, furnishing labor or material in any work contemplated herein. Permittee, 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 lien which might arise or accrue under or be based upon any mechanic's lien law of the State of Illinois enforce from time to timer. 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,to be 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. 64. This permit is effective only insofar as the County has jurisdiction and does not presume to grant any consent or privilege over any right of way or any part of any road which may be under the control or ownership of some other entity, individual or jurisdictional body or to release Permittee from compliance with the provisions of any laws or statutes relating to such construction. 65. The Permittee and all persons involved in the construction and other related activities of this permit shall #11r4 indemnify,defend and hold harmless the County, including their elected and duly appointed officials,employees and representatives from and against any and all claims, suits, actions, losses, expenses, damages, injuries, deaths,judgments,and demands arising from and relating to the construction,use and other related activities. 66. 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's fee and court costs in connection with or resulting Page 5 from the construction, use and other related activities of this permit regardless of any limitations of insurance • coverage. 67. The Permittee and all persons involved in the construction and other related activities of this permit shall rik indemnify,defend and hold harmless the County for any damages 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. • THE UNDERSIGNED PERMITTEE AGREES TO FOLLOW ALL REQUIREMENTS OF THIS PERMIT AND THE KANE COUNTY ACCESS CONTROL REGULATIONS. 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