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Resolution 2007-44 RESOLUTION WHEREAS, the United City of Yorkville is located in the county of Kendall, state of Illinois, wishes to construct a signalized intersection on Illinois 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 United City of Yorkville; now THEREFORE, be it resolved by the United 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 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, the city 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 work 4f, is not, (delete one) to be performed by the employees of the United City of Yorkville. FOURTH: That the proper officers of the United City of Yorkville are hereby instructed and authorized to sign said permit in behalf of the United City of Yorkville. 1, Jacquelyn Milschewski hereby certify the above to be a City Clerk true copy of the resolution passed by the City Council of the United City of Yorkville, county of Kendall, State of Illinois. Dated this y day A.D. 2007 (Signature) (CORPORATE SEAL) RESOLUTION i Illinois Departments -may of Transportation Highway Permit District Serial No. L -9926 Whereas, I (We) City of Yorkville/Yorkville Business Center c/o Smith Enaineerina 759 John Street (Name of Applicant) (Mailing Address) Yorkville IL 60560 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 sketch and /or as follows: Located Two Miles North of Route 34 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. Aggregate material shall be obtained from a state approved stockpile and shall be: SUB -BASE GRANULAR MATERIAL TYPE A (CA -6 GRADATION). (SEE ATTACHED SPECIAL PROVISIONS) It is understood that the work authorized by this permit shall be completed within 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 1 day of 2007 Witnes Signed -� Applicant 800 Game Farm Road 800 Game Farm Road Mailing Address Mailing Address Yorkville Illinois 60560 Yorkville Illinois 60560 City State City State SIGN AND RETURN TO: Regional Engineer Approved this day of , Department of Transportation BY: Deputy Director of Highways, Regional Engineer Printed 6/29/2007 OPER 1045 (Rev. 02/07) First: The Applicant represents all parties in interest and shall furnish material, do all 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 seeding or sodding necessary. Second: The proposed work shall be located and constructed to the satisfaction of the Regional Engineer or his /her du! authorized representative. No revisions or additions shall be made to the proposed work on the right -of -way without tf, written permission of the Regional Engineer. 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, his /her successors or assigns, agrees to hold harmless the State of Illinois and its duly appointed agents and employees against any action for personal injury or property damage sustained by reason of the exercise of this permit. Sixth: The Applicant shall not trim, cut 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. Seventh: 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 fay" 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. Eighth: 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. Ninth: 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." Tenth: The Applicant affirms that the property lines shown on the attached sheet(s) are true and correct and binds and obligates himself to perform the operation in accordance with the description and attached sketch and to abide by the policy regulations. Eleventh: In the event this permit is granted for the construction of additional lanes, turn lanes, median cross -overs or traffic signals on or along or adjacent to a highway under state jurisdiction, the applicant shall only utilize contractor(s) prequalified by the Department of Transportation for the performance of required work. Prior to the commencement of work described in this permit, the applicant shall furnish the Regional Engineer a copy of the contractor's current Certificate of Eligibility. Printed 6/29/2007 OPER 1045 (Rev. 02/07) I SPECIAL PROVISIONS 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. 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. Whenever any of the work under this permit involves any obstruction or hazard to the free flow of traffic in the normal traffic lanes, plans for the proposed method of traffic control must be submitted to and approved by the Regional Engineer at least 72 hours, and preferably longer, before the start of work. 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. he 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. No person, firm, corporation or institution, public or private, shall discharge or empty 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.