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R-1934 - 03/09/2021 - IDOT - Resolutions ITEM 6.E.1 BOARD OF TRUSTEES MEETING VII i AGE OF SAMUEL E. DEAN BOARD ROOM OAK BF . K BUTLER GOVERNMENT CENTER 1200 OAK BROOK ROAD OAK BROOK, ILLINOIS 630-368-5000 AGENDA ITEM Regular Board of Trustees Meeting of March 9, 2021 SUBJECT: 2021 Resolution for Construction on State Highway - IDOT FROM: Doug Patchin,Director of Public Works DP BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move that the Village Board approve Resolution R-1934 in lieu of a permit bond for permit work within State rights-of-way by Village employees. Backeround/History: Attached please find a letter from Thomas Gallenbach of IDOT requesting that Oak Brook adopt their form resolution which would be used in lieu of a surety bond when work is performed by the Village employees on State rights-of-way, including emergency work. This is in keeping with past practice. Recommendation: I recommend that the Village Board approve Resolution R-1934. BOT AGENDA Page 1 �G THE VILLAGE OF OAK BROOK COOK AND DUPAGE COUNTIES, ILLINOIS RESOLUTION NUMBER 2021-R-1934 A RESOLUTION IN LIEU OF A SURETY BOND ALLOWING FOR PERMIT AUTHORITY FOR CONSTRUCTION WORK ON STATE HIGHWAYS GOPAL G. LALMALANI, Village President CHARLOTTE K. PRUSS, Village Clerk JOHN BAAR PHILIP CUEVAS MICHAEL MANZO MOIN SAIYED EDWARD TIESENGA ASIF YUSUF Village Board Published in pamphlet form by authority of the President and the Board of Trustees of the Village of Oak Brook on this the 9th day of March, 2021 RESOLUTION NO.2021-R-1934 A RESOLUTION IN LIEU OF A SURETY BOND ALLOWING FOR PERMIT AUTHORITY FOR CONSTRUCTION WORK ON STATE HIGHWAYS WHEREAS, the Village of Oak Brook is an Illinois Municipal Corporation organized pursuant to the laws of the State of Illinois; WHEREAS,the Village of Oak Brook,hereinafter referred to as Municipality,located in the Counties of Cook and DuPage,State of Illinois,desires to undertake,in the years 2021 and 2022, the location, construction, operation and maintenance of driveways and street returns, water mains,sanitary and storm sewers,street light,traffic signals,sidewalk,landscaping,etc., on State Highways, within 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; 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 or firm under contract and supervision of the Municipality;and WHEREAS,the Village of Oak Brook Corporate Authorities are of the opinion that it is in the best interests of the Village of Oak Brook to approve this resolution providing for assurances in lieu of a surety bond for construction work on state highways for the purposes referenced herein. NOW,THEREFORE,BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Oak Brook,Cook and DuPage Counties,Illinois as follows: Section One—Recitals The Corporate Authorities hereby find that all of the recitals hereinbefore stated as contained in the preamble to this resolution are full,true and correct and do hereby,by reference, incorporate and make them part of this resolution as legislative findings. Section Two—Pledge in Lieu of Surety Bond That the Village of Oak Brook 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. Section Three—Authority That all authorized officials of the Village of Oak Brook are hereby instructed and authorized to sign said working permit on behalf of the Village of Oak Brook. 2 Section Four—Effective Date That this resolution shall take full force and effect from and after its passage,approval and publication as provided by law. Section Five—Publication This resolution shall be published in book or pamphlet form as provided by the Illinois Municipal Code. Section Six—Conflict Clause All resolutions, parts of resolutions and/or board actions in conflict herewith are hereby repealed to the extent of such conflict. Section Seven—Saving Clause If any section, paragraph,clause or provision of this resolution is declared by a court of law to be invalid or unconstitutional,the invalidity or unconstitutionality thereof shall not affect the validity of any other provisions of this resolution,which are hereby declared to be separable. Section Eight-Recording This resolution shall be entered into the minutes and upon the journals of the Board of Trustees of the Village of Oak Brook. Remainder of This Page Intentionally Left Blank 3 PASSED THIS 9th day of March,2021 Ayes: Trustees Baar,Cuevas,Saiyed,Tiesenga,Yusuf Nays: None Absent: Trustee Manzo APPROVED THIS 9th day of March,2021 Gopal G.Lalmalani Village President ATTEST: C( �v�� Charlotte K.Pruss Village Clerk \�PGtOF O44, .a o Cal G �COUNT'1 •�� 4 Illinois Department of Transportation Office of Highways Project Implementation/Region 1/District 1 201 West Center Court I Schaumburg,Illinois 60196-1096 PERMITS RESOLUTION FOR CONSTRUCTION ON STATE HIGHWAY January 21,2021 The Honorable Gopal G.Lalmalani Village President Village of Oak Brook 1200 Oak Brook Road Oak Brook,IL 60523-2255 Dear Village President Lalmalani: 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. The Honorable Gopal G.Lalmalani January 21,2021 Pagetwo RE: RESOLUTION FOR CONSTRUCTION ON STATE HIGHWAY 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 if you have any question or need further assistance. Very truly yours, Jose Rios,P.E. Engineer of Operations �/ Th Tho Ta enJ*', Traffic Permit Engineer RESOULTION Whereas,the hereinafter referred to as MUNICIPALITY, located in the County of State of Illinois,desires to undertake,in the years of 20 and 20 ,the location,construction, operation and maintenance of driveways and street returns,watermains, sanitary and storms sewers,street lights,traffic signals,sidewalk,landscaping etc.,on State highways,within said MUNICIPALITY,which by law and/or agreement come under the jurisdiction and control 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,THREFORE,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 the State of Illinois harmless during the prosecution of such work,and assume all liability for damages to person or property due to accident 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 MUNCIPALITY I, ,hereby certify the Above to be true copy of the resolution passed by the MUNICIPALITY Dated,this of D. Corporate Seal By: