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04-32 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. 04-32 PASSED: FEBRUARY 25, 2004 SUBJECT: AGREEMENT WITH KANE COUNTY TO EXECUTE A HIGHWAY PERMIT TO INSTALL A 20 INCH.WATER IN THE KANE COUNTY RIGHT OF WAY FOR THE FOX LANE WATER MAIN PROJECT SPEED MESSAGE TO FROM < a 1 •SUBJECT i` '';�: r. �t,�. _ o' I, DATE N O Ct iQt t N O V SIGNED WilsonJones® WHITE—ORIGINAL CANARY—DUPLICATE 44-900•Duplicate Resolution No. 04-32 RESOLUTION AUTHORIZING EXECUTION OF A HIGHWAY PERMIT WITH KANE COUNTY FOR THE FOX LANE WATER MAIN PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Larry Deibert,Water Director,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 the Fox Lane Water Main Project, a copy of which is attached hereto and made a part hereof by reference. Ed Schock, Mayor Presented: February 25, 2004 Adopted: Vote: Yeas Nays Recorded: Attest: Dolonna Mecum, City Clerk Resolution No. 04-32 RESOLUTION AUTHORIZING EXECUTION OF A HIGHWAY PERMIT WITH KANE COUNTY FOR THE FOX LANE WATER MAIN PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Larry Deibert,Water Director,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 the Fox Lane Water Main Project, a copy of which is attached hereto and made a part hereof by reference. Ed Schock, Mayor Presented: February 25, 2004 Adopted: Vote: Yeas Nays Recorded: Attest: Dolonna Mecum, City Clerk r ' G1NAL '0 PY • K ane County Division of Transportation :Highway Permit q„a. M „. 41W011 Burlington Road,St Charles,IL 60175 - Phone(630)584-1171 Fax(630)584-5239 PERMIT INFORMATION Permit Number TA-2003-0206 Issuance Date Permit Type Exipration Date Comments License Agreement Valid until terminated by a wriften90 day notice by the City Elgin or Kane County Right-of-Way Alteration 11/15/2004 Mason Road west of Randall Road Utility Modif or New Const 11/15/2004 DESCRIPTION OF PERMITTED IMPROVEMENTS Construction of Improvements are located at the intersection of Randall Road and Mason Road in the City of Elgin.The work along Randall Road includes temporary constructon access,auger,temporary lane closure of Randall Road,installation of a 36 inch casing pipe and 20 inch water main and the restoration of the right of way along Randall Road.Hereinafter referred to as"Improvements".The' improvements begin approximately 350 feet northwest of the intersection of Randall Road and Mason Road,continuing southwest to the intersection of Mason Road and Randall Road,crossing under Randall Road 90 degrees to the roadway,ending 4,100 feet east of the intersection of Mason Road and Randall Road.The"improvements"are to be constructed according to the following plans: "City of Elgin,Illinois Fox Lane and Riverside Water Treatment Plant to State Street Water Mains” Revision date:February 13,2003 Prepared by Alvord,Burdick&Howson,LLC DEVELOPMENT INFORMATION Development Name IL Fox Lane&Riverside Water Treatment Land Use Commercial Township Elgin 411111) Section 31 Highway Name Randall Rd Parcel Number - - - Construction Cost Estimate $98,000.00 Work Order Number Permittee Name Larry Delbert Main Phone (847)931-6100 Company/Title City of Elgin Secondary Phone (847)931-6150 Street Address 150 Dexter Ct Fax (847)931-6152 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 Consultant Rd Imp Name D Paulus Main Phone (847)697-6700 Company/Title Hampton Lenzini&Renwick Secondary Phone ( ) - Street Address 380 Shepard Dr Fax (847)697-6753 City/State/Zip Elgin IL 60123-7010 Email dpaulusl @hir.com 41111) w _ Kane County Division of Transportation ;« Highway Permit tY \; 't a.v t a 41W011 Burlington Road,St Charles,IL 60175 b ' 7_ Phone(630)5841171 Fax(630)584-5239 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 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 wilt 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/or the County's Consultant 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 • 1 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. 2 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. Kane County Division of Transportation Highway Permit f n 41W011 Burlington Road,St Charles,IL 60175 Phone(630)5841171 Fax(630)584-5239 3 The flow of traffic shall not be hindered at any time,unless authorized by the County. 4 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. 5 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 ACTIVITY 1 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. 2 No excavated and/or backfill material shall be stockpiled on the roadway or the shoulder of the roadway. 3 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 shall be up and in conformance of the Illinois Department of Transportation standards at all times. 4 Unprotected open trenches are not allowed. 5 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. 6 The Permittee shall receive approval from the County for field changes needed prior to their implementation. 7 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. 4‘1411) 8 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. 9 The Permittee shall be responsible for the provision and maintenance of soil erosion and sedimentation control devices as provided in approved Improvement plans. 10 The Improvements and work activities required to construct such shall not interfere with natural drainage of the road and the right-of-way. 11 The Improvements and work activities required to construct such shall not interfere with other area highway construction or maintenance projects. 12 Trees or shrubbery shall not be removed,cut,trimmed,or disturbed within the highway right-of-way without the approval of the County. 13 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 the construction improvement. 14 Work shall be done on one side of the roadway at a time. 15 Proof roll acceptance of the sub-grade/sub-base by the County is required prior to paving operations.The Permittee may be required by the County to perform proof rolls after rain events. 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. • Kane County Division of Transportation Highway Permit ,..*1..!rF, 4.1 W 011 Burlington Road,St Charles,IL 60175 ey• — �' r" hone(630)584-1171 Fax(630)584-5239 ern � AUTHORIZATION FOR TEMPORARY CONSTRUCTION ACCESS 1 Temporary Construction Access is permitted at the intersection of Randall Road and Mason Road,30 feet south of the casing pipe and water main location as a right out only. 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. 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. REQUIREMENTS OF THE MUNICIPAUTY 5 The Municipality shall have a resolution passed by their City Council approving an authorized person to sign the permit on behalf of the City of Elgin.A copy of the passed resolution shall accompany the signed permit when retumed to the County for issuance. 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 8 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 c ontrol devices,curb and/or gutters,shoulders and turf area located within the right-of-way of the County Highway. 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. rib* . . Kane County Division of Transportation Highway Permit 41W011 Burlington Road,St Charles,IL 60175 Phone(630)584-1171 Fax(630)584-5239 3 The Municipality,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 them in a safe condition for the motoring public. 4 The County does not allow without a permit,alteration work in the highway right-of-way after the acceptance of the Improvements. CLAIMS,UEN&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 shalt 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 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 fines and signage. Permit Number. TA-2003-0206 Total Fees: $1,250.00 THE UNDERSIGNED PERMITTEE I APPUCANT AGREES TO FOLLOW ALL REQUIREMENTS OF THIS PERMIT AND THE KANE COUNTY ACCESS CONTROL REGULATIONS. Permittee or Authorized Representative(Please Print) Signature Date Authorized Municipal Officer(Please Print) Signature Date Authorized County Officer(Please Print) Signature Date E L l t III i G , oil I February 6, 2004 I Ea�� �s pr�IKl L,, G N ;iii, TO Mayor and Members of the City Council 10 1 FINANCIALLY STA BLE CITY GOVERN MENT EFFICIENT SERVICES, FROM: David M. Dorgan, City Manager AND QUALITYINFRASTRUCTURE Larry E. Deibert, Water Department Director SUBJECT: Kane County Highway Permit 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 authorizing Larry E. Deibert, Director of the Water Department, to execute a Highway Permit to install a 20-inch water main in the Kane County right-of-way. RECOMMENDATION It is recommended that the City Council authorize, Larry E. Deibert, Director of the Water Department, to execute a permit granted by the Kane County Division of Transportation, and authorize payment to the Kane County Division of Transportation in the amount of$1,250 as a permit fee. BACKGROUND The Fox Lane Water Main 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. Construction of improvements in the Kane County right-of-way are located at the intersection of Randall and Mason Roads. The work along Randall Road includes temporary construction access, auger, temporary lane closure of Randall Road, installation of a 36-inch casing pipe and a 20-inch water main, and the restoration of the right of way along Randall Road. The work also includes construction of approximately 350 feet of 20-inch water main northwest of the intersection of Randall Road and Mason Road. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Kane County Division of Transportation • • Kane County Permit for Fox Lane Water Main February 6, 2004 Page 2 FINANCIAL IMPACT Kane County Division of Transportation's fee for the permit for Fox Lane Water Main project is $1,250. There are sufficient funds budgeted and available ($975,000) in the 2004 General Obligation Bond Fund, account number 384-4000-795.92-41, project number 409600 (Fox Lane to Randall Road Water Main) to pay for this permit with the Kane County Division of Transportation. LEGAL IMPACT None ALTERNATIVES 1. Accept the permit from Kane County Division of Transportation and authorize Director of Water Department to execute the permit. 2. Do not accept this permit from Kane County Division of Transportation. Respectfully submitted for Council consideration. PLB/LED Attachments