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Resolution 2009-50 aoog -SCE RESOLUTION WHEREAS, the City of Yorkville is located in the county of Kendall, state of Illinois, wishes to allow construction on of a signalized intersection on IL Route 47 which by law comes under the jurisdiction and control of the Department of Transportation of the state of Illinois, and WHEREAS, a permit from said department is required before said work can be legally undertaken by said signalized intersection; now THEREFORE, be it resolved by the city of Yorkville, county of Kendall, state of Illinois. FIRST: That we do hereby request from the Department of Transportation, state of Illinois, a permit authorizing the city to proceed with the work herein described and as shown on enclosed detailed plans. SECOND: Upon completion of the signalized intersection by the developer and acceptance by the city council guarantees that all work has been performed in accordance with the conditions of the permit to be granted by the Department of Transportation of the state of Illinois. Further, the city will hold the state of Illinois harmless for any damages that may occur to persons or property during such work. The city will require the developer to obtain a bond and a comprehensive general liability insurance policy in acceptable amounts and will require the developer to add the State of Illinois as an additional insured on both policies. THIRD: That we hereby state that the proposed work8l; is not, (delete one) to be performed by the employees of the city of Yorkville. FOURTH: That the proper officers of the City of Yorkville are hereby instructed and authorized to sign said permit in behalf of the city of Yorkville. SC e- LLN.Sk —I , hereby certify the above to be a City Clerk true copy of the resolution passed by the city council of the city of Yorkville, county of Kendall, State of Illinois. Dated this day of_)CNnv A.D. 2009 1 q nature) (CORPORATE SEAL) RESOLUTION Illi Department aoo9 • SO 1Fan5�Ortat�Ot1 Highway Permit L -10829 District Serial No. Whereas, I (We) City of Yorkville /Fountainview 20 S. Main Development OLWritcoro. PC , (Name of Applicant) (Mailing Address) Oswego it 60543 hereinafter termed the Applicant, (City) (State) request permission and authority to do certain work herein described on the right -of -way of the State Highway known as IL Route 47 , Section , from Station to Station Kendall County. The work is described in detail on the attached plan or sketch and /or as follows: * LOCATED North of IL Route 71 Upon approval this permit authorizes the applicant to locate, construct, operate and maintain at the above mentioned location, a signalized intersection and related improvements as shown on the attached plans which become a part hereof. The applicant shall notify John Humenick,,Field Engineer, Phone: 630 - 553 -7337 or the District Permit Section, Phone: 815 - 434 -8490 twenty -four hours in advance of starting any work covered by this permit. The state right of way shall be left in good condition. (No advertising matter shall be placed on the state right of way). The petitioner, their successors, or assigns, shall maintain that portion of the driveway on state right of way in such a manner satisfactory to the department, otherwise the department will maintain the shoulders included in the entrance driveways to the same standard that exists on adjacent shoulders, and if necessary, such areas will be restored to the original cross section and earth shoulders. (SEE ATTACHED SPECIAL PROVISIONS) All work authorized by this permit shall be completed 180 days after the date this permit is approved, otherwise the permit becomes null and void. This permit is subject to the conditions and restrictions printed on the reverse side of this sheet. This permit is hereby accepted and its provisions agreed to this k day of Witness Signed llLtX - Applicant 800 Game m oad 800 Gaine Farm Road Mailing Address Mailing Address Yorkville Illinois 60560 Yorkville Tllinni hn SF, n City State City State SIGN AND RETURN TO: Regional Engineer Approved this day of , Department of Transportation BY: Deputy Director of Highways, Regional Engineer 4 Printed 11/2/2009 OPER 1045 (Rev. 08/07) First: The Applicant represents and warrants that he /she is the party in interest respecting this Permit and that he /she is the agent in fact with authority to bind all parties in interest to the obligations and undertakings agreed to in this Permit. The Applicant represents and Warrants that the property lines shown on the attached plan sheet(s) or sketch are true and correct, and that all proposed work is :urately depicted thereon. Second: The proposed work shall be located and constructed to the satisfaction of the Regional Engineer or his /her 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 Regional Engineer. The Applicant agrees to complete all work to the standards and specifications identified by the Regional Engineer or his/her authorized representative as a condition of granting this Permit. The Applicant agrees to furnish all labor, equipment and material, and do all work and pay all costs associated with the work authorized by this Permit. The Applicant agrees to restore any and all damaged portions of the highway right -of -way to the condition satisfactory to the Regional Engineer or his /her authorized representative including, but not limited to, all landscape restoration. The Applicant shall not trim, out or in any way disturb any trees or shrubbery along the highway without the approval of the Regional Engineer or his/her duly authorized representative. Any and all documents, writings and notes reflecting or identifying the standards, specifications, understandings and conditions applicable to the performance of the permitted work required by the Regional Engineer or his her authorized representative are hereby incorporated into this Permit by reference as though fully set forth herein. Third: The Applicant shall at all times conduct the, work in such a manner as to minimize hazards to vehicular and pedestrian traffic. Traffic controls and work site protection shall be in accordance with the applicable requirements of Part 6 (Temporary Traffic Control) of the Illinois Manual on Uniform Traffic Control Devices and with the traffic control plan if one is required elsewhere in the permit. All signs, barricades, flaggers, etc., required for traffic control shall be furnished by the Applicant. The work may be done on any day except Sunday, New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Work shall be done only during daylight hours. Fourth: The work performed by the Applicant is for the bona fide purpose expressed and not for the purpose of, nor will it result in, the parking or servicing of vehicles on the highway right -of -way. Signs located on or overhanging the right -of -way shall be prohibited. Fifth: The Applicant shall engage in only the proposed work approved herein, and subject to the hazards incident to such activities, assumes all risks associated therewith. The Applicant assumes full and strict liability for the actions of itself, all parties in interest, its agents and employees, contractors, subcontractors and consultants. The Applicant and all parties in interest shall save, defend, hold harmless and indemnify the State of Illinois and each of Its officers, agents, employees, invitees and others associated with it from and ^gainst any and all suits, claims, actions, losses, injuries, damages, judgments and expenses that are based on, or that arise or are aged to have arisen out of the performance of the work approved herein, including, but not limited to, any act, willful or intended, or „egligence of the Applicant and any party in interest, its agents and employees, contractors, subcontractors and consultants whether at law, in equity or common law. In the event the Applicant or any party in interest falls, neglects, or refuses to comply with any provision of this indemnity, the State of Illinois may take any action necessary to protect itself from liability, Including any action to pay, settle, compromise and procure the discharge thereof, in which case the Applicant or any party in interest, jointly and severally, shall be liable and bound unto the State of Illinois for any and all expenses related thereto, including attorney's fees. Sixth: The State reserves the right to make such changes, additions, repairs and relocations within its statutory limits to the facilities constructed under this permit or their appurtenances on the right -of -way as may at any time be considered necessary to permit the relocation, reconstruction, widening or maintaining of the highway and /or provide proper protection to life and property on or adjacent to the State right -of -way. However, in the event this permit is granted to construct, locate, operate and maintain utility facilities on the State right - of -way, the Applicant, upon written request by the Regional Engineer, shall perform such alterations or change of location of the facilities, without expense to the State, and should the Applicant fail to make satisfactory arrangements to comply with this request within a reasonable time, the State reserves the right to make such alterations or change of location or remove the work, and the Applicant agrees to pay for the cost incurred. Seventh: This permit is effective only Insofar as the Department has jurisdiction and does not presume to release the Applicant from compliance with the provisions of any existing statutes or local regulations relating to the construction of such work. Eighth: The Construction of access driveways is subject to the regulations listed in the "Policy on Permits for Access Driveways to State Highways." If, in the future, the land use of property served by an access driveway described and constructed in accordance with this permit changes so as to require a higher driveway type as defined in that policy, the owner shall apply for a new permit and bear the costs for such revisions as may be required to conform to the regulations listed in the policy. Utility installations shall be subject to the "Policy on the Accommodation of Utilities on Right -of -Way of the Illinois State Highway System! Ninth: If the work covered by this permit includes construction of additional lanes, turn lanes, median cross -overs or traffic signals on, along or adjacent to a highway under Department jurisdiction, the permittee shall use only contractor(s) approved by the Department of Transportation for the performance of said work on the State highway. A contractor currently prequalified by the Department in the work rating governing the said work shall be approved. Prior to the commencement of the said work on the State highway, the applicant shall nish the Regional Engineer a copy of the contractor's current Certificate of Eligibility, or, If the permittee proposes to use a contractor not - drrently prequalified by the Department, information satisfactory to the Department evidencing the contractor's qualification and ability to perform the said work. No work on the State highway shall be performed until the Department issues an approval of the proposed contractor. Printed 1112/2009 OPER 1045 (Rev. 08107) ' I SPECIAL PROVISIONS All turf areas which are disturbed during the course of this work shall be restored to the original line and grade and be promptly seeded in accordance with Standard State Specifications, Bituminous cold patch material shall be used for temporary pavement replacement. Depth of temporary patch shall equal pavement thickness. All traffic control shall be in accordance with the State of Illinois Manual of Uniform Traffic Control Devices and amendments thereof. It should be noted that standards and typical placement of devices shown in the Uniform Manual are minimums. Many locations may require additional or supplemental devices. All traffic control shall be in accordance with the State of Illinois Manual of Uniform Traffic Control Devices and amendments thereof. It should be noted that standards and typical placement of devices shown in the Uniform Manual are minimums. Many locations may require additional or supplemental devices. The petitioner agrees to furnish the necessary barricades, lights, and flagmen for the protection of traffic. Traffic shall be maintained at all times. The applicant agrees to notify the Department of Transportation upon completion of work covered under the terms and conditions of this permit so that a final inspection and acceptance can be made. To avoid any revisions to the work completed under the highway permit, the applicant should insure the conditions and restrictions of this permit, the applicable supplemental permit specifications and permit drawing are fully understood. If this permit work is contracted out, it will be the responsibility of the applicant to furnish the contractor with a copy of this highway permit, as the applicant will be responsible for the contractor's work. A copy of approved permit shall be present on job site at all times the work is in progress. The department reserves the right to reject or accept any contractor hired by the applicant. To ensure the fulfillment of the obligations assumed by the applicant, this permit Is bonded by the In the amount of dollars for a period of five years after the date of approval. Three hundred and forty thousand t seven hundred and forty-four and 69/100 ($340,744." 69) No person, firm, corporation or institution, public or private, shall discharge or mpty any type of sewage, including the effluent from septic tanks or other sewage treatment devices, or any other domestic, commercial or industrial waste, or any putrescible liquids, or cause the same to.be discharged or emptied in any manner into open ditches along any public street or highway, or into any drain or drainage structure installed solely for street or highway drainage purposes. All excavations shall be promptly backfilled, thoroughly tamped and any excess material removed from the state right of way (including rock exposed during backfilling operations). Mounding or crowning of backfill will not be permitted. The diameter of any bored hole shall not be more than one inch larger than the outside diameter of the pipe. Boring of pipe over six inches in diameter shall be accomplished with an auger and following pipe. Borings six inches and under may be accomplished by either jacking or auger and following pipe method. Excavation adjacent to the edge of pavement shall be shored to prevent caving If the distance is less than ten feet plus the depth of excavation from the edge of pavement. It is the applicant's responsibility for insuring that all requirements of the Illinois Environmental Protection Agency, Division of Water Pollutioin Contral and Division of Public Water Supplies have been satisfied. All material or equipment stored along the highway shall be placed as remote as practical from the edge of pavement in a manner to minimize its being a hazard to errant vehicles or an obstacle to highway maintenance. If material is to be stored on the highway right of way for more than two weeks prior to installation, written approval must be obtained.from the department.