06-26 Resolution No. 06-26
RESOLUTION
AUTHORIZING EXECUTION OF UTILITY PERMITS WITH THE ILLINOIS
DEPARTMENT OF TRANSPORTATION FOR SANITARY SEWER AND
WATER MAIN ON U.S. ROUTE 20 FOR THE CONSTRUCTION OF THE
OTTER CREEK INTERCEPTOR SEWER PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Olufemi Folarin, City Manager,be and is hereby authorized and directed to execute Utility Permits
necessary for the construction of the Otter Creek Interceptor Sewer and Water Main on behalf of the
City of Elgin with the Illinois Department of Transportation for the sanitary sewer and water main on
U.S. Route 20, a copy of which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: February 8, 2006
Adopted: February 8, 2006
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
V of Tansportafion
UTILITY PERMIT
Public Improvement Cl Yes No
IDOT Permit No.
Utility Reference No.
(We) City of Elgin .i _ _
Name of Applicant Mailing Address
Elgin Illinois 60120 hereinafter termed the Permittee.
City State&Zip '
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equest permission and authority to occupy, and to do certain work herein described on, the right-of-way of the State highway
nown as U.S. Route 20 Section
•om e/o Switzer Road to - in Kane County. The work
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;"described in detail below and/or on the attached sketch or plans.
.ermission to construct within the State Rights-of-way approximately an 125 foot auger of Rte. 20 of a 16 inch Ductile Iron
dater Main. See the attached plan and plan details.
his permit covers the operation and presence of specified equipment, material or facility on the right-of-way that may be
slated to the authorized work. A copy must be present when crews or equipment occupy highway right-of way.
allure to comply is cause:to stop all construction.
his permit is subject to conditions and restrictions of Part 530 of Title 92 of the Illinois Administrative Code, Accommodation
Utilities on Right-of-Way of the Illinois State Highway System. The removal, relocation or modification of'facilities
armitted to occupy the right-of-way is governed by Section 9-113 of the Illinois Highway Code, as amended lay
ublic Act 92-0470.The Permittee agrees to comply with the requirements of these laws and with all terms and
)nditions established by this permit. This permit is subject to revocation by the Department on violation of the
rms and conditions governing its use.
INDShould you have any questions concerning.this Utility
Permit, please contact our Region One Utility Coordinator, atu =at Agenffor rmi :e Date
Mr. David Krueger at(847)705-4258, Fax#(847) 705-4597. •
City of E •'
• Name of Permittee(Print.or Type)
Matting Address••
Elgin, IL 60120 •
City State Zip
work authorized by this permit shall be completed within 120 days (by ) after the date of.approval by the
partment otherwise the permit will be considered null and void.
)lic Improvement Projects only: The anticipated letting date is
s permit allowing occupancy and work on state right-of-way is approved. The Utility Coordination Council established
the Department in the area covered by this permit is Region One
Deputy Director of Highways,Region One Engineer Date
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fo) ,The applicant represents all parties in interest and shall furnish material,do at work,pay all costs and shall in a reasonable length of time restore the damaged
portions of the highway to a condition similar or equal to that existing before the commencement of the described work,including any lands ape restoration
necessary. (See Section 530.250 of Title 92).
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(2) The proposed work shall be located and construction to the satisfaction of the District Engineer or his duly authorized representative. No revisions or additions
shall be made to the proposed work on the right-of-way without the written permission of the District Engineer or his duly authorized representative(See Section
530.200 of Title 92).in certain circumstances the Department may require that the construction plans and/or the as-built documents be sealed by an
Illinois Registered Professional Engineer,Typical of such protects would be petroleum oraas pipelines.
(3) The applicant shall at all times conduct the work in such a manner as to minimize hazards to vehicular and pedestrian traffic. All signs,barricades,flaggers,etc.,
required for traffic control shall be furnished by the applicant. (See Section 530.240 of Title 92).
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(4) The applicant must ascertain the presence of Highway Authority Agreements established in accordance with 35 III.Admin.Code Section 742.1020 in tie path of its
proposed installation and take precautions to protect its workers,human health and the environment in those areas. (See Section 530.240 of Title 92). Where
contamination is encountered through excavation in the ROW,it should be managed offsite and IDOT's generator number for the appropriate county may be used.
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(5) The applicant shall not trim,cut or in any way disturb any trees or shrubbery along the highway without the approval of the District Engineer or his duly authorized
representative. (See Section 530.600 of Title 92).
(6) The facilities authorized to occupy the right-of-way by this permit are subject to removal,relocation or modification by the permittee at no expense to
the State on notice given by the Department in accordance with Section 9-113 of the Illinois Highway Code,as amended.Participation by the permittee
in the UTILITY Coordination Council identified on page-one of this permit is required as a condition of this permit.Permittee shall cooperate with the
Department with the scheduling.of any removal,relocation or modification.deemed necessary for highway or highway safety purposes,and,if Utility
Coordination Council participation is required by this permit,with the activities of the council identified on the first page of this permit.(See Section 9-
113 of the Illinois Highway Code.)Use of and compliance with current IDOT Traffic Control Standards will be.required.
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(7) If the applicant and the District cannot agree either on whether the permit should be issued or on what conditions would be appropriate,the applicant may,within
30 days of the issuance of written notice of the District's position,appeal the District's determination to the Chief of the Department's Central Bureau of Operations.
(See Section 530.900 of Title 92).
(8) The permittee agrees to fully comply with the following legal obligations in advance of entering and while upon any Right-of-way within the Illinois State Highway
System.
a) Only a permit issued by the Department under this Part will satisfy the"written consent"requirement of Section 9-113 of the Illinois Highway
Code(the Code).
b) A permit from the Department grants a license only to undertake certain activities in accordance with this Part on a State right-of-
way,and does not create a property right or grant authority to the permittee to impinge on the rights of others who may have an
interest in the right-of-way. Such others might include an owner of an underlying fee simple interest If the right-of-way is owned as
an easement or dedication of right of way,an owner of an easement,or another permittee.
c) It shall be the responsibility of the permittee to ascertain the presence.and location of existing above-ground or underground
facilities on the highway right-of-way to be occupied by their proposed facilities. The Department will
make its permit records available to a permittee for the purpose of identifying possibig facilities. When notified Of an
excavation or when requested by the Department,a permittee shall locate(physically mark,and indicate the depth of its
underground facilities within 48 hours excluding weekends and holidays.
d) The permittee shall avoid conflicts with any existing underground or above-ground facilities on or near the highway right-of-way.
Both the Department and J.U.L.i.E.are to be contacted for assistance during.the application process.
e) The permittee shall comply with all•other applicable laws relating to the placement of utility lines. •
t) The issuance of a utility permit by the Department does not excuse the permittee from complying with any existing statutes,local
regulations or requirements of other Department(e.g., oversize and overweight vehicles)or the requirements of other State
agencies including,but not limited to,the following:
Illinois Commerce Commission,Illinois Department of Agriculture
Illinois Department of Natural Resources,Illinois Department of Mines and Minerals
Illinois Environmental Protection Agency,Illinois Historic Preservation Agency •
g) Rights of abutting and underlying properly owners are protected by common law and Sections 9-113 and 9-127 of the Code. The
permitlee will address these rights prior to initiating activities on Slate right-of-way. The Department will not be a parry in any negotiations between the •
• utility and abutting property owners.
h) In no case shall the permit give or be construed to give an entity any easement,leasehold or other property Interest of any kind in, .
upon,under,above or along the State highway right-of-way.
I) Each person responsible for a utility,in'place on the effective date of this Part,on a State highway right-of-way shall notify the
Department in writing,if that facility does not comply with this Part The Department shall treat such a notice as a request for a
valiance under Section 530.130. Until informed that a variance will not be granted,a person responsible for a pre-existing utility
will not be in violation of this Part The failure to provide such notice constitutes a violation of this-Part and of the utility •
accommodation permit(if any)and would justify the imposition of the sanctions set forth in Section 530.810. •
Work to be coordinated with Department Representatives:
Phone ( )
IDOT Resident Engineer.(Public Improvements)
St.Charles Phone (630-584-4360 )
IDOT Maintenance Yard •
ity Contact Person: John Loete Phone (847)931-6001
rk to be done by:
Contractor: •
Daytime Phone: ( ). Emergency Phone:
'tic control operation: •
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Number of lane closures: Time of closures:
• Revised 06.17.05
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UTILITY PERMIT CONTINUED #
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City of Elgin—...
Contractor Applicant
This permit is.issued only with.the,express understanding that the Applicant has satisfied
all requirements of the Illinois Environmental;Protection Agency, Division of Public
Water Supplies.
The subject installation and appurtenant structures thereto shall adhere in every detail to
the marked and approved plan or record identified as EXHIBIT "A" and'revisions,
attached hereto and made a part thereof.
Any sidewalk or driveways damaged by this work is to be replaced within the timeframe
• of the permit. A temporary walk or driveway must be provided and maintained during
the construction period. The existing drainage of the highway must be preserved.• All •
manhole frames and covers shall be set flush with existing ground. Right of way shall be
satisfactorily restored. This includes replacement of culverts and the proper grading of
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ditches. All landscaping removed or damaged shall be replaced in kind.
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The latest edition of the State Standard Specifications for Road and Bridge Construction,
and amendments thereto, as -they, relate to the construction practice .and quality
workmanship and materials, shall apply to this work except when modified by conditions,
restrictions, and special provisions outlined in the attached Permit Specifications.
A properly executed bond has been submitted by the Contractor to insure fulfillment of
the obligations assumed under this permit.
The applicant shall assume all ability for interference with existing utilities in, along or
upon said highway. Utility companies to be notified before construction commences:
A satisfactorily executed resolution has been submitted by the municipality, where
applicable.
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:It is a condition of this permission that a copy of this permit be on the project site during
all work. Failure to comply is cause to stop all construction.
SIGNATURES
11111ftILI
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Contractor ' , Applicant
S;Vvigr2\Gen\WP\UTILITIE\mspage2.doc
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T. Illinois Department rtment nt individual Utility
of Transportation Permit Bond
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Bond No.
We
(Mailing Address)
as Permittee, and , as Surety, do hereby guarantee performance
of the work described in the Illinois Department of Transportation Utility Permit number which
grants permission and authority to perform that work upon or adjacent to U.S. Route 20 east of Switzer Road
Route in Kane County in accordance with the terms
and description in the permit and sketch and with Part 530 of Title 92 of the Illinois Administrative Code, Accommodation of
Jtilities on Right-of-Way of the Illinois State Highway System.
f the Permittee performs the work in accordance with the terms and conditions of and description in the permit and sketch
Ind with Part 530 of Title 92 of the Illinois Administrative Code, Accommodation of Utilities on Right-of-Way of the Illinois
State Highway System, no claim or demand will be made against this bond's monetary obligation. Otherwise,the Surety is
able to the Department for all expenses incurred in any action in which it prevails against the Permittee or Surety.
surety's monetary responsibility under this bond is limited to $ 5,000.00 and shall also be the responsibility.
f its successors and assigns for five years.
Iurety shall provide written notice to the Illinois Secretary of Transportation at least 30 days prior to the inability(due to
issolution or otherwise) of Surety to fulfill its commitments under this bond. Permittee and Surety have a joint and severable
:sponsibility to replace Surety within the 30 day period with another Surety acceptable to the department.
y our signatures below, we commit ourselves to the terms and the conditions of this bond:
Signature of Agent for Surety Si.'attire of A.-nt for Permittee
Name of Surety(Print or Type) Name o "ermitte= (Print or T ,e)
Mailing,Address Mailing Address
State Zip City State • Zip
( )
Telephone Number Date Telephone Number Date
OPER 1122(Rev. 1/94)
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• EXHIBIT A. '
IDOT II1UIY PERMIT•
for is.bat wow T6'WathAeln
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SECTION IA TOWNSHIP H,NA1Ot 1
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SO. 100.1040'U
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No OF Ezc.
§ City of Elgin Agenda Item No.
E
I
January 20, 2006 r Id i
uisG FRI
fi
TO: Mayor and Members of the City Council FINANCIALLY STABLE CITY GOVERNMENT
EFFICIENT SERVICES,
AND QUALITY INFRASTRUCTURE
FROM: Olufemi Folarin, City Manager
John Loete, Public Works Dire or
SUBJECT: Proposed Highway Permit with Illinois Department of Transportation for Sanitary
Sewer and Water Main on United States Route 20
PURPOSE,
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider approval of the proposed highway permit with the Illinois Department of
Transportation for sanitary sewer and water main crossings of U.S. Route 20 west of Coombs
k Road.
RECOMMENDATION
It is recommended that the City Council authorize the Mayor and the City Manager to execute
the highway permit with the Illinois Department of Transportation.
BACKGROUND
The development of the proposed subdivisions by Shodeen and Crown Development near
Pingree necessitates the extension of public sanitary sewer and water main. To extend these
utilities to their respective properties, two augured crossings of U.S. 20 are required. These
utilities are being constructed in accordance with City ordinance and both Shodeen and Crown
annexation agreements.
Illinois Department of Transportation(IDOT) requires a highway permit due to the occupation of
their rights-of-way for U.S. 20. Due to the nature of the project IDOT is also requiring the City
to be the permitee versus the developer who is constructing the utilities.
A copy of the permit and a location map are attached.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED,
Illinois Department of Transportation.
elk IDOT U.S. Rt 20 Water& Sewer Permit
January 20, 2006
Page 2
ç2&!IANCIAL IMPACT
There is no cost to the City for obtaining this permit.
L GAL IMPACT
None
ALTERNATIVES
1. In order to comply with the annexation agreement the City must act as the permitee to
allow the construction of the utilities.
2. Reject the permit.
Respectfully submitted for Council 011.4 (do)
Attachment
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Utility Crossin '; oc.tion
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PLANK
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CITY OF ELGIN C_
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
Crown and Shodeen IDOT
Utility Permit for Water and Sewer
Crossing US 20 ,