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Resolution 2016-06 RESOLUTION oZ01(0-0(p WHEREAS, the city of Yorkville is located in the county of Kendall, state of Illinois,wishes to allow constrution of a commercial entrance onto IL 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 city of Yorkville; 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 of Yorkville to proceed with the work herein described and as shown on enclosed detailed plans. SECOND: Upon completion of the commercial entrance 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 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. 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 a3r-i' day of F1:8RUAA A.D. 2016 ignature) (CORPORATE SEAL) RESOLUTION +F ' Ends Department Of 181n tatiOn Highway Permit L-14708 District Serial No. Whereas, I(We) City of Yorkville/Fountainview Plaza of Yorkville Dunkin Donuts for Lee Fry Companies, Inc. c/o Meritcorp 50 N Brockway-Suite 3-9 (Name of Applicant) (Mailing Address) P_ ale IL 60067 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 FOUNTAINVIEW DRIVE Upon approval this permit authorizes the applicant to locate,construct,operate and maintain at the above mentioned location, a right-In/right-out commercial entrance and related improvements as shown on the attached plans which become a part hereof. x The permit holder/property owner will be responsible for installing and maintaining the signs at the right-Intright-out entrance. The applicant shall notify Adam Rue,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) mom RW rized by this permit shall be completed 180 days after the date this permit is approved, permit becomes null and void. t,ie subject to the coinditions and restrictions printed6h the Mrerse side of this sheet. - ••'' q lit*hereby accepted and its provisions agreed to this day of •;a; � ._. ..:AA ll�it ees,+ Signed Applicant r Mailing Address Mailing Address " •`'`•'�`''i" 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 1111/2018 OPER 1045(Rev.08107) 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 arld warrants that the property lines shown on the attached plan sheet(s) or sketch are true and correct, and that all proposed work is accurately depicted thereon. -Second: The proposed work shall be located and constructed to the satisfaction of the Regional Engineer or his/her dulyy 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 Armtsh 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-ay 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, 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. Any and all documents,writings and notes reflecting or identt ft the standards,specifications,understandings and conditions applicable to the performance of the permitted work required by the Regi Engineer or his her authorized representative are hereby incorporated Into this Permit by reference as though fully set forth heroin.. Third: The Applicant shall at all times conduct the work in such a manheras 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, (loggers, etc., required for traffic control shall be furnished by the Applicant. The work may be done on any day except Sunday,Now YoWs flay,Memorial pay,Independence Day,Labor Day,Thanksgiving Day and Christmas Day. Worts shall be done orgy 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 Applicam assumes full and strict liability.for the-aotions of itself, all party In interest,tie agents and empkryeea, oontractors, subcontractors and consultants. The Applicant and all parties in interest shall save, defend, hold harmless and indemnlry the State of Illinois and each of its officers, agents,employees,•WAtees and others associated with ti from and against any and all suits, claims, actions, losses, Injuries, damages.judgments and expenses that are based on, or that arise or are alleged to have arisen out of the performance of the work approved herein,Including,but not limited to, any act,willful or Intended, or negligence of the Applicant and arty,party In Interest,Its agents and employees,contractors,subcontractors and consultants whether at taw,In equity or common law.'In the event the Applicant or any party in Interest fails.neglects,or refuses to comply with any provision of this Indemnity, the State of Illinois may take any action necessary to protect itself from tabli ty, including any action to pay, settle, compromise and procure the discharge thereof,in which case the Applicant or any party in interest,jointly and severalty,shall be Mane 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 makntaining 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- cif-way the Applicant;upon written request by the Regional En§1hW shall perfOM such alterations or change of location of the facilities, without expense to the State. and should the Applicant tali 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-ofWay 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 pamiittee shall use only contractors)approved by the Department of Transportallon 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 furnish the Regional Engineer a copy of the contractor's current Certificate of Eligibility,or,If the permittee proposes to use a contractor not currently prequalifted 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 111112016 OPER 1046(Rev.08/07) , 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. 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 revislons to the worts 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 often thousand($10,000.00)dollars for a period of five years after the date of approval 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. The excavation under the pavement shall be replaced with controlled low strength material and the pavement replaced in accordance with pavement replacement details. All excess material shall be removed from the highway right of way. 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. 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.