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12-63 Resolution No. 12-63 RESOLUTION IN LIEU OF BOND FOR WORK PERFORMED BY THE CITY OF ELGIN IN THE ILLINOIS DEPARTMENT OF TRANSPORTATION'S RIGHT-OF-WAY WHEREAS, the City of Elgin, hereinafter referred to as "City", located in the Counties of Cook and Kane, State of Illinois, desires to undertake in the years 2012 and 2013, the location, construction, operation and maintenance of driveways and street returns, watermain, sanitary and storm sewers,street light,traffic signals, sidewalk,landscaping,etc.,on State highways,within said City,which by law and/or agreement come under the jurisdiction and control of the Department of Transportation of the State of Illinois, hereinafter referred to as "Department", and WHEREAS, an individual working permit must be obtained from the Department prior to any of the aforesaid installations being constructed either by the City or by a private person or firm under contract and supervision of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that City hereby pledges its good faith and guarantees that all work shall be performed in accordance with conditions of the permit to be granted by the Department,and to hold State of Illinois harmless during the prosecution of such work, and assume all liability for damages to person or property due to accidents or otherwise by reason of the work which is to be performed under the provisions of said permit BE IF FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that all authorized officials of the City are hereby instructed and authorized to sign said working permit on behalf of the City. s/ David J. Kaptain David J. Kaptain, Mayor Presented: April 11, 2012 Adopted: April 11, 2012 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk State of Illinois ) County of Kane) ss City of Elgin ) CERTIFICATE OF CITY CLERK I, Kimberly A. Dewis, DO HEREBY CERTIFY that I am the duly qualified City Clerk of the City of Elgin, in the Counties of Kane and Cook in the State of Illinois, and that as such City Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal thereof. I DO FURTHER CERTIFY that the attached is a full, true, and correct copy of: RESOLUTION NO. 12-63 RESOLUTION IN LIEU OF BOND FOR WORK PERFORMED BY THE CITY OF ELGIN IN THE ILLINOIS DEPARTMENT OF TRANSPORTATION'S RIGHT-OF-WAY passed by the Elgin City Council at its legally convened meeting held on April 11, 2012. In Witness Whereof, I have hereunto set my hand and affixA the corporate seal of the City of Elgin at the said City in the County and State aforesaid this k.511'"day of April, 2012. )VIAA, 6A- LIP City Clerk of Fac tJpas FWMINis,�..v .. Illinois Department of Transportation Division of Highways/Region One l District One 201 West Center Court/Schaumburg, Illinois 601 96-1 096 PERMITS Resolution for Construction on State Highway February 9, 2012 The Honorable David Kaptain Mayor City of Elgin 150 Dexter Court Elgin, IL 60120 Dear Mayor Kaptain: Chapter 121 of the Illinois revised statutes requires that any person, firm or corporation desiring to do work on state maintained rights of way must first obtain a written permit from the Illinois department of transportation. This includes any emergency work on broken watermains or sewers. A surety bond is required with each permit application to insure that all work is completed in accordance with state specifications and that the right of way is properly restored. For permit work to be performed by employees of a municipality a resolution is acceptable in lieu of the surety bond. This resolution does not relieve contractors hired by the municipality from conforming with the normal bonding requirements nor from obtaining permits. The resolution should be enacted for a period of two years. This procedure will save time and effort as well as reduce the annual paperwork associated with an annual resolution. in order to expedite the issuance of permits to your municipality during the next two calendar years the attached sample resolution should be adopted and a signed and certified copy thereof returned to this office. This resolution does not constitute a blanket permit for work in the State system. A separate application must be made in each instance. In the case of an emergency, verbal authority may be given prior to receipt of the written application. After normal working hours or weekends, this authority can be obtained from our Communications Center at(847)705-4612. February 9, 2012 Page two We would appreciate the cooperation of your community in withholding the issuance of building permits along State highways until the builder shows evidence of a State highway permit having been obtained. Our permit staff would be willing to answer any questions you may have regarding current policies or practices and to work with your planning commission on any new developments within your municipality. Do not hesitate to contact Ms. Beverly Hawley, Office Coordinator at(847) 705-4142. Very truly yours, Diane M. O'Keefe, P.E. Deputy Director of Highways, Region One Engineer 112-C4 ,fit( By: ', ,r4j('= Thomas G. Gallenbach, P.E. Traffic Permits Engineer irk ELGIN THE CITY IN THE SUBURBS AGENDA ITEM: C MEETING DATE: March 21, 2012 ITEM: Bi-Annual Renewal of a Resolution in Lieu of Bond for Work Performed by the City in the Illinois Department of Transportation's Right-of-Way (No Cost to the City) OBJECTIVE: Provide city staff with a means to complete repair work in the state's right-of-way and to expe- dite issuance of permits. RECOMMENDATION: Approve resolution with the Illinois Department of Transportation to guarantee that all work shall be performed in accordance with conditions of the permit granted by the department in lieu of a surety bond. r BACKGROUND Public works personnel regularly respond to and repair watermain breaks and sewer backups throughout the city. On many occasions, these repairs must be completed within roadways un- der the jurisdiction of the Illinois Department of Transportation (IDOT). Roadways in Elgin that fall under IDOT's jurisdiction include: • Illinois Route 25 (Dundee Ave., Page Ave., Liberty St., Bluff City Blvd., St. Charles St.) • Illinois Route 31 (State St.) • Illinois Route 19 (East Chicago St.) • Illinois Route 58 (Summit St.) • U.S. Route 20 (Lake St.) • Weld Rd. • Foothill Rd. • Bluff City Blvd. (east of Gifford Rd.) Whenever work is completed within an IDOT right-of-way, permits are required from IDOT to guarantee that all necessary traffic control is utilized and to ensure that all work is completed in accordance with IDOT's minimum specifications. A watermain break is considered an emergen- cy repair so time is of the essence to complete the repair. Delaying repairs while permits are secured can cause additional severe damage and increased repair costs. It is therefore benefi- cial to agree with IDOT on a process that will expedite issuance of permits. OPERATIONAL ANALYSIS Existing provisions in the state's regulations allow IDOT to hold municipalities accountable for work conducted in the state's right-of-way that is not performed in accordance to IDOT's standards. In lieu of requiring municipalities to post a surety bond to guarantee the work they perform in an IDOT right-of-way, IDOT is merely requesting that municipalities pass resolutions that guarantee the quality of their work in lieu of a surety bond. Adopting the resolution will allow the city to proceed with required work in an IDOT right-of- way without first securing a permit and posting a surety bond with IDOT. This action will ensure the city's ability to effect timely repairs without delay. INTERESTED PERSONS CONTACTED None. FINANCIAL ANALYSIS There is no cost to the city for the adoption of this resolution. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT#(S) AMOUNT AMOUNT BUDGETED AVAILABLE N/A N/A N/A N/A N/A LEGAL IMPACT None. ALTERNATIVES The city council may choose to reject the resolution, issue surety bonds and secure individual permits for each repair. NEXT STEPS Execute the resolution and forward to IDOT. Iw r Originators: Colby Basham, Public Works Superintendent Final Review: Colleen Lavery, Chief Financial Officer William A. Cogley, Corporation Counsel/Chief Development Officer Richard G. Kozal, Assistant City Manager/Chief Operating Officer Sean R. Stegall, City Manager ATTACHMENTS A. Sample IDOT Resolution B. IDOT Request for Renewal of Resolution rok r RESOLUTION Whereas, the , hereinafter referred to as MUNICIPALITY, located in the 44) County of , State of Illinois, desires to undertake, in the years 20_ and 20 , the location, construction, operation and maintenance of driveways and street returns, watermain, sanitary and storm sewers, street light, traffic signals, sidewalk, landscaping, etc., on State highways, within said MUNICIPALITY, which by law and/or agreement come under the jurisdiction and control of the Department of Transportation of the State of Illinois hereinafter referred to as Department, and, Whereas, an individual working permit must be obtained from the Department prior to any of the aforesaid installations being constructed either by the MUNICIPALITY or by a private person of firm under contract and supervision of the MUNICIPALITY. NOW, THEREFORE, be it resolved by the MUNICIPALITY: FIRST: That MUNICIPALITY hereby pledges its good faith and guarantees that all work shall be performed in accordance with conditions of the permit to be granted by the Department, and to hold State of Illinois harmless during the prosecution of such work, and assume all liability for damages to person or property due to accidents or otherwise by reason of the work which it to be performed under the provision of said permit. SECOND: That all authorized officials of the MUNICIPALITY are hereby instructed and authorized to sign said working permit on behalf of the MUNICIPALITY. I, , hereby certify the above to be true copy of the resolution passed by the MUNICIPALITY. Dated this day Of A.D. Corporate Seal By: S:\WP1PERMITSWISCNMERGES12012Resolutionlet..docx •wi Illinois Department of Transportation Division of Highways/Region One!District One 201 West Center Court/Schaumburg, Illinois 60196-1096 PERMITS Resolution for Construction on State Highway February 9, 2012 The Honorable David Kaptain Mayor City of Elgin 150 Dexter Court Elgin, IL 60120 Dear Mayor Kaptain: Chapter 121 of the Illinois revised statutes requires that any person, firm or corporation desiring to do work on state maintained rights of way must first obtain a written permit from the Illinois department of transportation. This includes any emergency work on broken watermains or sewers. A surety bond is required with each permit application to insure that all work is completed in accordance with state specifications and that the right of way is properly restored. For permit work to be performed by employees of a municipality a resolution is acceptable in lieu of the surety bond. This resolution does not relieve contractors hired by the municipality from conforming with the normal bonding requirements nor from obtaining permits. The resolution should be enacted for a period of two years. This procedure will save time and effort as well as reduce the annual paperwork associated with an annual resolution. In order to expedite the issuance of permits to your municipality during the next two calendar years the attached sample resolution should be adopted and a signed and certified copy thereof returned to this office. This resolution does not constitute a blanket permit for work in the State system. A separate application must be made in each instance. In the case of an emergency, verbal authority may be given prior to receipt of the written application. After normal working hours or weekends, this authority can be obtained from our Communications Center at(847)705-4612. C February 9, 2012 Page two A, We would appreciate the cooperation of your community in withholding the issuance of building permits along State highways until the builder shows evidence of a State highway permit having been obtained. Our permit staff would be willing to answer any questions you may have regarding current policies or practices and to work with your planning commission on any new developments within your municipality. Do not hesitate to contact Ms. Beverly Hawley, Office Coordinator at(847) 705-4142. Very truly yours, Diane M. O'Keefe, P.E. Deputy Director of Highways, Region One Engineer By: 'Abta) Thomas G. Gallenbach, P.E. Traffic Permits Engineer A, . ELGIN THE CITY IN THE SUBURBS' DATE: May 17, 2012 TO: Colby Basham, Public Works Superintendent FROM: Jennifer Quinton, Deputy City Clerk SUBJECT: Resolution No. 12-63 Adopted at the April 11, 2012, Council Meeting Enclosed you will find the resolution listed below. Please distribute this agreement to the other party and keep a copy for your records if you wish. If you have any questions please feel free to contact our office 847-931-5660 and we will do our best to assist you. Thank you. • Certified Copy of Resolution 12-63