03-78 JULY,2007
IN REVIEWING THIS FILE,IT WAS DETERMINED THAT AN EXECUTED COPY
OF THE AGREEMENT LISTED BELOW WAS NEVER RETURNED TO THE
CLERK'S OFFICE.
ALL THAT IS AVAILABLE IS THE ATTACHED DRAFT COPY OF THE
AGREEMENT AND ITS SUPPORTING PAPERWORK.
REFERENCE: RESOLUTION NO. 03-78
PASSED: APRIL 2, 2003
SUBJECT: AGREEMENT FROM THE ILLINOIS STATE TOLL HIGHWAY
AUTHORITY FOR THE FOX LANE WATER MAIN PROJECT.
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44-900•Duplicate
Resolution No. 03-78
RESOLUTION
AUTHORIZING EXECUTION OF A PERMIT FROM THE ILLINOIS STATE
TOLL HIGHWAY AUTHORITY FOR THE FOX LANE WATER MAIN PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that David M. Dorgan, City Manager, be and is hereby
authorized and directed to execute a permit on behalf of the
City of Elgin from the Illinois State Toll Highway Authority for
the Fox Lane Water Main Project, a copy of which is attached
hereto and made a part hereof by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: April 2 , 2003
Adopted: April 2 , 2003
Omnibus Vote : Yeas : 5 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
•
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Resolution No. 03-78
RESOLUTION
AUTHORIZING EXECUTION OF A PERMIT FROM THE ILLINOIS STATE
TOLL HIGHWAY AUTHORITY FOR THE FOX LANE WATER MAIN PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that David M. Dorgan, City Manager, be and is hereby
authorized and directed to execute a permit on behalf of the City
of Elgin from the Illinois State Toll Highway Authority for the Fox
Lane Water Main Project, a copy of which is attached hereto and
made a part hereof by reference .
Ed Schock, Mayor
Presented: March 26, 2003
Adopted:
Vote : Yeas Nays
Recorded:
Attest :
Dolonna Mecum, City Clerk
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PERMIT NO NW 02-15 ; . '
o C.
THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY
111 AY AUTHORITY
THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY (hereinafter called c,
"Authority") hereby grants a concession in the form of this Permit this _19 day of F?
_DECEMBER 19, _2002. F
TO: *:
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NAME CITY OF ELGIN
F. :
ADDRESS 150 Dexter Court '
Elgin, Illinois
FOR THE PURPOSE on 1
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This permit is for the installation, operation and
maintenance of a 20" water main along the south
property line of the eastbound entrance ramp from
Randall Road to the Northwest Tollway. $
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Mile Post 26.6
Q EFFECTIVE DATE O
Work may commence under this permit only after the Authority
has received the Permit Bond, insurance coverage and accepted the
terms and condition of this Permit.
' CONSTRUCTION
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All work and construction done under this Permit shall be
performed at the location and in accordance with plans and
specifications filed with the application for this Permit and approved by
the Authority, which are made a part hereof; and also subject to the
terms and conditions contained in this Permit. Q
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Permit No. NW 02-15
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THIS PERMIT is subject to the following terms and conditions:
(a) This permit is granted only insofar as the Authority has the legal right to �•
do so under applicable provisions of 605 ILCS 10/11 et. seq. of the Illinois Revised ��
•
Statutes (as amended), and in accordance with all current Authority Standard ;;
Specifications and Utility Regulations adopted from time to time by the Authority.
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(b) Nothing contained in this permit shall in any way be construed as a sale,
lease or other disposition or encumbrance of the toll Highway right-of-way or any part '
thereof or as creating any charge or lien on the revenues of the Authority. kr
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t.ti • (c) All work done under this permit and any maintenance or repairs during `r
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or required after installation shall be at expense of permittee and at no cost or risk .5-!-
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0 whatsoever to the Authority.
(d) Should it at any time be necessary or convenient, in the sole discretion
11 of the Authority, in connection with the improvement, maintenance, operation or
safety of the tollway to change, alter, relocate or remove permittee's work or ��
improvements, such change, alteration, relocation or removal shall promptly be made ��.:•
by the permittee at the written direction of the Chief Engineer of the Authority, at no
cost or expense to the Authority. In the event the facility must be removed, the 0
permittee will be given the opportunity to reinstall the facility in a different location.
If permittee fails to change, alter, relocate, or remove the facility upon said written
demand, the required work may be performed by the Authority, and permittee shall
Ipromptly reimburse the Authority for all engineering, construction and administrative
�t,; costs, fees and expenses, including legal expenses, incurred by the Authority in
connection therewith.
1 This permit does not in any way release the permittee from any liability
ii.
for damage to persons or property caused by or resulting from the work covered by this
permit and by the operation of the facilities installed under this permit and is effective
only insofar as the Authority has jurisdiction and does not sanction any infringement
of any applicable federal, state or local laws or regulations. Permittee shall be liable for
any damage to Authority property caused by permittee or its agents and employees, or
by the installation and operation of the facility.
(f) The work authorized herein, while under the direct control and
supervision of the permittee, shall be subject to inspections by the Authority or its
duly authorized representative.
accomplished in accordance with all
The work authorized herein shall be accom
(g) p
current Authority Standard Specifications and Utility Regulations adopted from time to
time by the Authority.
(h) This permit shall terminate and be null and void if the work covered by
this permit is not started on or before _DECEMBER 19, 2003 unless
permittee submits a written request explaining the delay and requesting additional =
At time to start work.
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Permit No. NW 02-15
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01 Written notice of beginning of the work shall be given to the Authority at
least three (3) days before the work begins. Written notice of completion of the work
shall be given the Authority no later then three (3) days after completion. Any notice
required under this permit shall be mailed to the Chief Engineer or his authorized
representative, at The Illinois State Toll Highway Authority, 2700 Ogden Avenue,
Downers Grove, Illinois 60515. -1
(j) The work authorized herein shall not deviate from the approved plans
and specifications submitted with the application without prior approval in writing by
the Chief Engineer of the Authority or his authorized representative.
(k) The Authority, in issuing this permit, has relied upon the statements and
i representations made by the permittee in the application. In the event any statement
or representation in said application is found to be false, the Authority, at its option,
may revoke the permit and, when so revoked, all rights of the permittee hereunder
shall thereupon cease and be null and void. `y
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(1) No trees or shrubbery in the right-of-way of the Authority shall be
? trimmed, cut or disturbed without the approval of the Chief Engineer of the Authority, r
or his authorized representative. Areas within the right-of-way disturbed by work •
covered under this permit shall be restored to the same condition as existed before :,
such work begins. Restoration work shall be subject to the approval of the Authority.
1' (m) Where fence removal is necessary, removal shall be accomplished by
disconnecting the webbing from the post starting at pull post locations. When re-
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:;;:-, erecting the fence, old webbing must be discarded and new webbing must be used.
�� (11) The Authority's fiber optic cable and all other underground tollway
''o facilities must be located before digging on Authority property. Permittee agrees,
4.• without limitation, to accept all liability for damage to the Authority's fiber optic cable
' resulting from its underground construction or maintenance activities within the
,* tollway right-of-way. Q
I,;y� (o) The installation allowed by this permit shall not cause any harm or ti
•
interference to the Authority's public safety communications systems.
,,,a (p) If the permittee must perform any work which the Authority, in its sole ;1;c
''':3 discretion, determines will affect traffic or require traffic control or protection, the O
permittee shall submit maintenance of traffic plan to the Authority for approval. No
A• work affecting traffic shall be performed without the written approval of the Chief
• Engineer of the Authority or his representative. All costs for traffic control, including ::
any police protection determined by the Authority to be necessary shall be paid for by
y the permittee. All traffic control shall be in accordance with the Authority's Standard
;E' Specifications and Traffic Control Manual.
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K. �O .1/1 •• �::4i iO O O'.,.yr* •7122' $ •0�+ S KSti 5. 0 � ►` ..5'
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Permit No. NW 02-15
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(q) Permittee, its successors and assigns, shall be responsible for and
shall protect, indemnify and save harmless, the Authority, its officers, directors,
employees, successors, assigns and Consor Townsend Envirodyne Engineers from
any and all liability, loss, costs, fees, damages, expenses, claims, actions and suits
of every kind and character due to, but not limited to, damage to property or
injury to or death of any person whomsoever, arising directly or indirectly out of
or incident to the granting of this permit, or the construction, maintenance, p le
use, actions or inaction of permittee or its employees, agents and successors, all
to the fullest extent permitted by law, and liability of permittee shall not be
limited by any insurance required or provided by permittee. Nothing herein
. . contained shall be construed as prohibiting the Authority, Consor Townsend ;
;; Envirodyne Engineers , its successors and assigns from defending any claims, ;.;
s actions or suits brought against the Authority or Consor Townsend Envirodyne n;
i Engineers, through the selection and use of its own attorneys. The permittee O
shall be liable for all costs, fees and expenses incurred by the Authority or Consor
Townsend Envirodyne Engineers in its defense of any such claim, action or suit,
including reasonable attorney's fees.
it
(r) The Authority shall have the right to revoke this permit in the 0
event the installation or operation of the facility adversely affects the safety,
maintenance or operation of the tollway.
(s) Insurance Requirements: Before commencing work under this
permit, the Authority must receive sufficient insurance, in the form, term and
amount specified, insuring permittee, the State of Illinois, the Authority and its
• authorized representatives and Consor Townsend Envirodyne Engineers, against
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any damages and liability arising from or caused by the work authorized by this
.; permit.
'''' (t) Bond Requirements: Before commencing work under this permit,
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the Authority must receive a permit bond in the amount shown on the Bond form
provided by the Authority. $60,000
t� (u) Permittee agrees to pay all costs necessary, including lost revenue, :-
y as determined by the Authority and without time limitation, to eliminate voids ``
and restore pavement caused by settlement that occurs over and along a casing or J.
4 carrier pipe augered and jacked under tollway pavement. The area between the r
=:.:4 casing and the surrounding soil must be grouted. Permittee agrees to pay all costs �ti;
a necessary, including lost revenue, to repair pavement and structures damaged by
FCI a directional drilling operation.
hij
; 'ri Permit Fees: This permit is subject to the payment of the following fees:
1
.Ntii Engineering review / administrative fee: $ none
Annual occupancy / maintenance fee: $ none 0
ell119 0
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g ;'� Permit No. NW 02-15•
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L7 This permit is subject to special terms and conditions attached to this
permit.
PERMITTEE
The terms and conditions of this permit are accepted by:
' ' Permittee
4..
Title i
\./ THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY O it
Recommended for approval by: r
O Chief •Engineer .
'i Approved by the Board of Directors
•s. .,;
1 1> Resolution No.
: Chairman O
Attest: .
O.
Secretary C
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?a APPROVED AS TO FORM AND CONSTUTIONALITY
. .� t .
ATTORNEY GENERAL
STATE OF ILLINOIS
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Resolution No. 03-78
RESOLUTION
AUTHORIZING EXECUTION OF A PERMIT FROM THE ILLINOIS STATE
TOLL HIGHWAY AUTHORITY FOR THE FOX LANE WATER MAIN PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that David M. Dorgan, City Manager, be and is hereby
authorized and directed to execute a permit on behalf of the
City of Elgin from the Illinois State Toll Highway Authority for
the Fox Lane Water Main Project , a copy of which is attached
hereto and made a part hereof by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: April 2 , 2003
Adopted: April 2 , 2003
Omnibus Vote : Yeas : 5 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
•
• y OF
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City of Elgin
E
March 7, 2003 G
6 11
N � .,,
s�d� LO
TO: Mayor and Members of the City Council
Y Y a'z I
FINANCIALLY STABLE CITYGOVERNMENT
EFFICIENT SERVICES,
FROM: Olufemi Folarin, Interim City Manager AND OLwL1TYINFRASTRUCTURE
SUBJECT: Permit from Illinois Toll Highway Authority for Fox
Lane Water Main Project .
PURPOSE
The purpose of this memorandum is to provide the Mayor and
members of the City Council with information to consider
accepting a permit from Illinois Toll Highway Authority for Fox
Lane Water Main project .
emk BACKGROUND
This project consists of a 20-inch transmission main from the
newly constructed Fox Lane Pump Station to Randall Road south of
the intersection with I-90 . This main is approximately 4, 500
feet in length. This project has been designed by Alvord,
Burdick & Howson. The permit from Illinois Toll Highway is to
allow the City to install the 20-inch main inside the Illinois
Toll Highway right of way.
The cost of the permit will be included in the bid document for
Fox Lane Transmission Main Project, and the contractor will be
responsible to furnish a certificate of insurance providing the
coverage required by the Toll Highway Authority. A copy of the
permit is attached for your consideration.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
FINANCIAL IMPACT
"''' There is no expense incurred by the City in securing this
permit .
•
ep. Permit from Illinois Toll Highway for Fox Lane Water Main
March 7, 2003
Page 2
GAL IMPACT
None.
ALTERNATIVES
1 . Accept the permit form Illinois Toll Highway.
2 . Do not accept this permit from Illinois Toll Highway.
RECOMMENDATION
It is recommended that the City Council, accept the permit from
Illinois Toll Highway Authority to install a 20-inch water main
in their right-of-way.
Respectfully submitted,
tem. Olufemi Fo 'rin
Interi it / - •er
LED/PLB
Attachments