|
First: The Applicant represents and warrants that he/she is the party in interest respecting this Permit and that he/she is tt.e agent in
<br /> fact with authority to bind all parties in interest to the obligations and undertakings agreed to in this Permit. The Applicant represents and
<br /> warrants that the property lines shown on the attached plan sheet(s) or sketch are true and correct, and that all proposed work is
<br /> accurately depicted thereon.
<br /> Second: The proposed work shall be located and constructed to the satisfaction of the Regional Engineer or his/her duly authorized
<br /> representative. No revisions or additions shall be made to the proposed work on the right-of-way without the written permission of the
<br /> Regional Engineer. The Applicant agrees to complete all work to the standards and specifications identified by the Regional Engineer or
<br /> his/her authorized representative as a condition of granting this Permit. The Applicant agrees to furnish all labor, equipment and material,
<br /> 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
<br /> portions of the highway right-of-way to the condition satisfactory to the Regional Engineer or his/her authorized representative including,
<br /> but not limited to, all landscape restoration. The Applicant shall not trim, cut or in any way disturb any trees or shrubbery along the
<br /> highway without the approval of the Regional Engineer or his/her duly authorized representative. Any and all documents, writings and
<br /> notes reflecting or identifying the standards, specifications, understandings and conditions applicable to the performance of the permitted
<br /> work required by the Regional Engineer or his her authorized representative are hereby incorporated into this Permit by reference as
<br /> though fully set forth herein.
<br /> Third: The Applicant shall at all times conduct the work in such a manner as to minimize hazards to vehicular and pedestrian traffic.
<br /> Traffic controls and work site protection shall be in accordance with theapplicable requirements of Part 6(Temporary Traffic Control)of the
<br /> Illinois Manual on Uniform Traffic Control Devices and with the traffic control plan if one is required elsewhere in the permit. All signs,
<br /> barricades, flaggers, etc., required for traffic control shall be furnished by the Applicant. The work may be done on any day except
<br /> Sunday, New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Work shall be done only
<br /> during daylight hours.
<br /> 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,
<br /> the parking or servicing of vehicles on the highway right-of-way. Signs located on or overhanging the right-of-way shall be prohibited.
<br /> Fifth: The Applicant shall engage in only the proposed work approved herein, and subject to the hazards incident to such activities,
<br /> assumes all risks associated therewith. The Applicant assumes full and strict liability for the actions of itself, all parties in interest, its
<br /> agents and employees, contractors, subcontractors and consultants. The Applicant and all parties in interest shall save, defend, hold
<br /> harmless and indemnify the State of Illinois and each of its officers, agents, employees, invitees and others associated with it from and
<br /> against any and all suits, claims, actions, losses, injuries, damages, judgments and expenses that are based on, or that arise or are
<br /> alleged to have arisen out of the performance of the work approved herein, including, but not limited to, any act, willful or intended, or
<br /> negligence of the Applicant and any party in interest, its agents and employees, contractors, subcontractors and consultants whether at
<br /> law, 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
<br /> this indemnity, the State of Illinois may take any action necessary to protect itself from liability, including any action to pay, settle,
<br /> compromise and procure the discharge thereof, in which case the Applicant or any party in interest,jointly and severally, shall be liable and
<br /> bound unto the State of Illinois for any and all expenses related thereto,including attorney's fees.
<br /> Sixth: The State reserves the right to make such changes, additions, repairs and relocations within its statutory limits to the facilities
<br /> constructed under this permit or their appurtenances on the right-of-way as may at any time be considered necessary to permit the
<br /> relocation, reconstruction,widening or maintaining of the highway and/or provide proper protection to life and property on or adjacent to the
<br /> State right-of-way. However, in the event this permit is granted to construct, locate,operate and maintain utility facilities on the State right-
<br /> of-way,the Applicant, upon written request by the Regional Engineer, shall perform such alterations or change of location of the facilities,
<br /> without expense to the State, and should the Applicant fail to make satisfactory arrangements to comply with this request within a
<br /> reasonable time,the State reserves the right to make such alterations or change of location or remove the work, and the Applicant agrees
<br /> to pay for the cost incurred.
<br /> Seventh: This permit is effective only insofar as the Department has jurisdiction and does not presume to release the Applicant from
<br /> compliance with the provisions of any existing statutes or local regulations relating to the construction of such work.
<br /> Eighth: The Construction of access driveways is subject to the regulations listed in the"Policy on Permits for Access Driveways to
<br /> State Highways." If, in the future, the land use of property served by an access driveway described and constructed in accordance with
<br /> 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
<br /> costs for such revisions as may be required to conform to the regulations listed in the policy. Utility installations shall be subject to the
<br /> "Policy on the Accommodation of Utilities on Right-of-Way of the Illinois State Highway System."
<br /> Ninth: If the work covered by this permit includes construction of additional lanes,tum lanes, median cross-overs or traffic signals on,
<br /> along or adjacent to a highway under Department jurisdiction, the permittee shall use only contractor(s) approved by the Department of
<br /> Transportation for the performance of said work on the State highway. A contractor currently prequalified by the Department in the work
<br /> rating governing the said work shall be approved. Prior to the commencement of the said work on the State highway, the applicant shall
<br /> furnish the Regional Engineer a copy of the contractors current Certificate of Eligibility,or, if the permittee proposes to use a contractor not
<br /> currently prequalified by the Department, information satisfactory to the Department evidencing the contractor's qualification and ability to
<br /> perform the said work. No work on the State highway shall be performed until the Department issues an approval of the proposed
<br /> contractor.
<br /> Printed 3/1/2013 OPER 1045(Rev.08/07)
<br />
|