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04-155 Resolution No. 04-155 RESOLUTION AUTHORIZING EXECUTION OF A HIGHWAY PERMIT FROM KANE COUNTY FOR A WATER MAIN ALONG AND ACROSS BOWES ROAD 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 Highway Permit from Kane County on behalf of the City of Elgin for a water main along and across Bowes Road, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: June 23, 2004 Adopted: June 23, 2004 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk • Kane County Division of Transportation Highway Permit P 0. 41W011 Burlington Road,St Charles,IL 60175 Wig' Phone(630)584-1171 Fax(630)584-5239 PERMIT INFORMATION Permit Number TA-2004-0095 Issuance Date Permit Type Exipration Date Comments License Agreement Agreement will remain until terminated by written ninety day notification by the County Temporary Construction 11/15/2004 Utility Modif or New Const 11/15/2004 Bowes Road west of Randall Road at Pulte Site DESCRIPTION OF PERMITTED IMPROVEMENTS The utility modification/new construction work is located along Bowes Road in the City of Elgin,IL.The work shall consist of installation of a 12-Inch watermain,2 augers across Bowes Road right of way with 24-inch casing pipes,2 temporary construction accesses and restoration of Bowes Road right of way.The 12-inch watermain work will begin at the west end of the project on the north side of the road at approximately station 355+25,continuing east along the north right of way of Bowes Road,at approximately station 376+50,the watermain will turn 90 degrees south and cross the entire Bowes Road right of way,ending in an easement outside the right of way.A second augur perpendicular to Bowes Road at approximately station 376+50 connecting the north watermain and ending with a plug and blocked in a private easement south of the Bowes Road right of way.Temporary watermain will be placed from station 384+40 to approximately station 388+50 along the north side of Bowes Road.There will be two temporary construction accesses along Bowes Road:the first on the north side at approximately station 376+65,the second on the north side approximately 383+50.This work hereinafter shall be referred to as"Improvements".The improvements shall be constructed according to the following plans: "Bowes Road(County Highway 17)Improvements for Pulte Active Adult Community,City of Elgin,IL.",prepared by Manhard Consulting Ltd.,revision date April 29,2004. DEVELOPMENT INFORMATION Development Name The Reserve-Watermain Land Use Township Elgin Section 29 Highway Name Bowes Road Parcel Number - - - Construction Cost Estimate Work Order Number Permittee Name Mark Mastrorocco Main Phone (847)841-3500 Company/Title Pulte Homes Corp. Secondary Phone ( ) - Street Address 2250 Point Blvd. Fax (847)783-0875 City/State/Zip Elgin IL 60120 Email County Contact Name John Guddendorf Main Phone (630)406-7382 Company/Title Permit Administrator-KDOT Secondary Phone ( ) - Street Address 41W011 Burlington Road Fax (630)584-5239 City/State/Zip St Charles IL 60175 Email GuddendorfJohn @co.kane.il.ur County Contact Name Jay Seyller Main Phone (630)406-7309 Company/Title Utility Coordinator-KDOT Secondary Phone ( ) - Street Address 41W011 Burlington Road Fax (630)584-5239 City/State/Zip St Charles IL 60175 Email SeyllerJay@co.kane.il.us Municipal Representative Kane County Division of Transportation Highway Permit a � ow. 41W011 Burlington Road,St Charles,IL 60175 (630)584-1171 Fax(630)584-5239 rs' Name Mayor Ed Schock Main Phone (847)931-6100 Company/Title City of Elgin Secondary Phone ( ) - Street Address 1500 Dexter Court Fax (847)931-5610 City/State/Zip Elgin IL 60123 Email 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 Permit Department and/or Consultant shall oversee the Improvement in the interest of the County. The County and/or 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 7:00 am or after 3:30 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 Permit Department and/or 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. 13 The Permittee is responsible for damages of any County owned facility within the construction limits of the permitted activity within the County right-of-way. PRE-CONSTRUCTION REQUIREMENTS 1 The County receives and approves a progress schedule for the Improvements. 2 The County conducts a pre-construction meeting with the attendance of the County's Consultant(if applicable), Permittee and Permittee's Contractor. 3 Certificates of Insurance from the Permittee,contractor,and sub-contractors naming the County of Kane and the County's Consultant(if applicable)as additionally named insured. 4 Advanced Warning Signage and/or message board shall be posted by the Permittee and Kane County will handle the press release notice(s)which wil be published at least 72 hours prior to the start of construction. Notifications shall communicate the date when construction will start and the duration of the project. 5 The County receives a list of 24-hour contact numbers for all contractors,sub-contractors and traffic control maintenance contractor. 6 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 Kane County Division of Transportation 46 v. ., ,• Grp Highway Permit ,„; Kane County Division of Transportation ' e.;.% Highway Permit . .. M 41W011 Burlington Road,St Charles,IL 601754 Phone(630)584-1171 Fax(630)584-5239 16 The County shall suspend construction activities and require a winterization plan if pavement improvements cannot be completed by November 15th,as determined by the County.The winterization plan shall require: a.Pavement marking with epoxy 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.This may require additional pavement markings or other remedial work as required by the County to insure the safety of the motoring public. PAVING OPERATIONS 1 Fresh Oil Ahead signs shall be erected approximately 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. 2 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. 3 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 prime coat has cured. 4 No priming shall be performed unless the pavement is dry and conditions are forecast to be dry immediately prior to the start of priming. • 5 The lane being primed shall be closed to traffic until the binder prime has cured and pavement markings have been placed. 6 Compliance with Sections 404,405 and 406 of the Road and Bridge Construction Manual is required. 7 Bituminous base course shall be in accordance with latest edition of the Standard Specifications for the Road and Bridge Construction.Supplemental Specifications and Recurring Special Provisions. 8 Asphalt surface mix"padding"shall be place at the transition between the new and existing pavement. 9 Pavement markings shall be placed on the level binder or surface coarse prior to opening to traffic. AUTHORIZATION FOR TEMPORARY CONSTRUCTION ACCESS 1 Temporary Construction Access is permitted on the north and south sides of Bowes Road at the Reserve and Adult Community accesses. 3 Authorization is contingent upon the installation of a mud tracking system to prevent the spread of debris and sediments in the County highway right-of-way.Mud tracking shall be placed for a minimum of 150'to allow mud and debris to fall free of the tires before entering the County highway right-of-way. If mud tracking does not prevent the deposition of mud and debris,a tire wash shall be constructed to clean mud and debris from tires before entering the roadway. 4 Use is for construction traffic only. 5 These are full accesses. 6 The County reserves the rights to reduce,relocate,or eliminate the temporary access if it is found to be a traffic hazard or consistent mud and debris are placed on the pavement. 7 All debris placed or tracked in the Bowes Road right-of-way shall be removed immediately from the roadway and properly disposed. AUTHORIZATION FOR PUBLIC USE OF ACCESS 1 There will be no public access to the temporary construction accesses. SPECIAL 1 The work shall be done between 9 AM and 3:00 PM if the work will disrupt the flow of traffic. If all work can be done from outside the traffic lanes the hours can be extended to the contractors work schedule. Kane County Division of Transportation Highway Permit G YG.fy wsy 1y` 41W011 Burlington Road,St Charles,IL 60175 (630)584-1171 Fax(630)584-5239 2 Barricades shall be placed to alert the motoring public to the work being done in the area over night. 3 The City of Elgin Public Works Dept.and Kane County Division of Transportation or the County's consultant shall be on site at the time this work is being done. 4 The traffic lanes of Bowes Road shall not be interrupted at any time during the placement of the watermain and/or casing pipe installation.The work shall not progress out into the Bowes Road roadway.The contractors shall use only the temporary construction access to gain access into the Bowes Road right of way while working on the watermain/ casing pipe project. 5 No vehicles except those needed to perform work on the watermain/casing pipe work shall be in the Bowes Road right of way.All personal vehicles of employees working on this project shall be parked outside the Bowes Road right of way. 6 There shall be no stock piles of materials or waste material placed in the Bowes Road right of way at any time during the course of the project. 7 All open trenches in the Bowes Road right of way shall be protected nightly to insure the motoring public and pedestrian safety. 8 The watermain between station 384+40 to station 388+50 is temporary and shall remain in the north right of way of Bowes Road until the McKay Development is constructed within the next two years.At the time of the watermain's abandonment,the watermain shall be removed from the Bowes Road right of way. ENFORCEMENT AND SECURITY 1 The Permittee shall pay any vehicular damage claims related to paving materials 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 for non-compliance. 2 Reduction in the letter of credit will not be granted if any previous bills have not been paid. 3 Violation of any condition of this permit may result in the suspension or revocation of the temporary construction access. 4 The County shall suspend this permit without notice if any conditions are not followed. 5 The County shall suspend this permit due to a lack of progress. 6 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.). 7 The Permittee shall not perform any work or participate in any activity that is beyond the scope of this permit. MAINTENANCE&RELOCATION RESPONSIBILITIES 1 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. • Kane County Division of Transportation Highway Permit W011 Burlington Road,St Charles,IL 60175 (630)584-1171 Fax(630)584-5239 2 The Permittee,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. 4 The County does not allow without a permit,alteration work in the highway right-of-way after the acceptance of the Improvements. CLAIMS,LIEN&LIABILITY 1 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 corporate,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 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. 2 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. 3 The Permittee and all persons involved in the construction and other related activities of this permit shall indemnify, defend and hold harmless and 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 and other related activities. 4 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. 5 The Permittee 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. LICENSE AGREEMENT 1 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. 2 It is understood that the construction work permitted hereunder shall commense 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. 3 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 watermain and casing pipe,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. 4 Permittee,its successors,grantees and assigns,shall install road crossing or crossings,without disturbing the existing surface or base of the roadway,by augering.All boring,augering,or jacking pits shall be a minimum of fifteen (15)feet from the closest edge of pavement or traveled portion of the road. 5 Permittee,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. . • t Kane County Division of Transportation Highway Permit,' .•.\�� c�a "` p71'$, � 41W011 Burlington Road,St Charles,IL 60175 �,; ' .;,u'3' Phone(630)584-1171 Fax(630)584-5239 y`R 6 Permittee,its successors,grantees and assigns,shall lay,construct,operate,and maintain said watermain and casing pipe 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,and said watermain and casing pipe 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)feet. 7 Permittee,its successors,grantees and assigns,shall lay,construct,and erect said watermain and casing pipe 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. 8 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. 9 Permittee,its successors,grantees and assigns,shall assume all risks and liabilities and forever hold the County harmless for any and all 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 watermain and casing pipe. 10 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. 11 Permission for future maintenance work required on said watermain and casing pipe is not granted by this permit. Individual work orders or permits will be granted by the County Engineer for future maintenance work on said pipeline that will disturb the road right-of-way. 12 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. 13 All obligations,agreements,representations,warranties and indemnifications made hereunder shall survive the one (1)year construction period set forth in Paragraph 2 above. Permit Number: TA-2004-0095 Total Fees: $1,250.00 THE UNDERSIGNED PERMITTEE/APPLICANT AGREES TO FOLLOW ALL REQUIREMENTS OF THIS PERMIT AND THE KANE COUNTY ACCESS CONTROL REGULATIONS. - / Permittee or Authorized Representative(Please Print) ignature Date ,OXPIW ni ode i(ad w Authorized Municipal Officer(Please Print) Signature Date Ii Authorized County Officer(Please Print) Signature Date