Report of the Committee on Roads and Bridges

 

June 19, 2007

 

The Honorable,

The Board of Commissioners of Cook County

 

ATTENDANCE

 

Present:

Chairman Moreno, Vice Chairman Gorman, Commissioners Beavers, Butler, Claypool, Collins, Daley, Maldonado, Murphy, Peraica, Quigley, Schneider, Silvestri, Sims, Steele and Suffredin (16)

 

Absent:

President Stroger and Commissioner Goslin (1)

 

Ladies and Gentlemen:

 

Your Committee on Roads and Bridges, having had under consideration the matters hereinafter mentioned, respectfully reports and recommends as follows:

 

Section 1

 

Your Committee has considered the following communication from Rupert F. Graham, Jr., P.E., Acting Superintendent of Highways.

 

286275

PUBLIC WAY REGULATORY ORDINANCE (PROPOSED ORDINANCE).  Submitting a Proposed Ordinance sponsored by Todd H. Stroger, President and Joseph Mario Moreno, County Commissioner.

 

The following is a synopsis of the Proposed Ordinance:

 

PROPOSED ORDINANCE

 

PUBLIC WAY REGULATORY ORDINANCE

 

BE IT ORDAINED, by the Cook County Board of Commissioners that Chapter 66, Article III, Sections 66-50 through 66-102 of the Cook County Code are hereby enacted as follows:

 

Article III.  Public Way Regulatory Ordinance

 

Division 1.  General

 

Sec. 66-50.  Short title.

Sec. 66-51.  Purposes.

Sec. 66-52.  Definitions.

Sec. 66-53.  Conflicts with State and Federal Laws.

Sec. 66-54.  General provisions regarding fees and payments.

Sec. 66-55.  General provisions regarding submission or certain information.

Sec. 66-57.  License requirements. 

Sec. 66-58.  General requirements and provisions.

Sec. 66-59.  License application.

Sec. 66-60.  Annual requirements.

Sec. 66-61.  Annual license fee.

Sec. 66-62.  Insurance requirements.

Sec. 66-63.  License renewal.

Sec. 66-64.  Transfer of license.

Sec. 66-65.  General requirements.

Sec. 66-66.  Construction permits.

Sec. 66-67.  Maintenance and repair permits.

Sec. 66-68.  Tree trimming permits.

Sec. 66-69.  Emergency work.

Sec. 66-70.  Action on permit applications.

Sec. 66-71.  Effect of permit.

Sec. 66-72.  Notice of commencement of work.

Sec. 66-73.  Notice – telecommunication carriers.

Sec. 66-74.  Modification of permit.

Sec. 66-75.  Completion of work; as built drawings.

Sec. 66-76.  Inspections.

Sec. 66-77.  Change of ownership or owner’s identity or legal status.

Sec. 66-78.  Consistent with laws.

Sec. 66-79.  Operational restrictions.

Sec. 66-80.  Location of existing facilities.

Sec. 66-81. Information on location of facilities; relocation of permitted facilities.

Sec. 66-82.  Removal of unauthorized facilities.

Sec. 66-83.  Abandonment of facilities.

Sec. 66-84.  Cleanup and restoration.

Sec. 66-85.  Emergency maintenance.

Sec. 66-86.  Violations.

Sec. 66-87.  Grounds for violation notice.

Sec. 66-88.  Notice and opportunity to cure.

Sec. 66-89.  Extension of time frames; special provisions for removal or relocation.

Sec. 66-90.  Remedies.

Sec. 66-91.  Penalties.

Sec. 66-92.  Remedies not exclusive.

Sec. 66-93.  Force majeure.

Sec. 66-94.  Severability.

Sec. 66-95.  Failure to enforce.

Sec. 66-96.  Timely performance.

Sec. 66-97.  Compliance with laws.

Sec. 66-98.  No recourse.

Sec. 66-99.  Notices.

Sec. 66-100.  Indemnification.

Sec. 66-101.  Rights reserved to County.

Sec. 66-102.  Public Way Regulatory Ordinance Fee Schedule.

 

Referred to the Committee on Roads and Bridges 04-18-07.

 

Vice Chairman Gorman, seconded by Commissioner Murphy, moved to amend Communication No. 286275.  The motion to amend carried unanimously.

 

Vice Chairman Gorman, seconded by Commissioner Silvestri, moved the approval of Communication No. 286275, as amended.  The motion carried unanimously.

 

Section 2

 

Your Committee has considered the following communication from Rupert F. Graham, Jr., P.E., Acting Superintendent of Highways.

 

286276

PROCEDURES AND FEES FOR HIGHWAY HAUL PERMITS REQUIRED BY OVERWEIGHT AND OVERSIZE VEHICLES USING COUNTY HIGHWAYS (PROPOSED ORDINANCE)  Submitting Proposed Ordinance sponsored by Todd H. Stroger and Joseph Mario Moreno, County Commissioner.

 

The following is a synopsis of the Proposed Ordinance:

 

PROPOSED ORDINANCE

 

PROCEDURES AND FEES FOR HIGHWAY HAUL PERMITS REQUIRED BY

OVERWEIGHT AND OVERSIZE VEHICLES USING COUNTY HIGHWAYS

 

 

WHEREAS, Cook County (the "County") is a home rule unit of local government pursuant to Article VII, Section 6(a) of the 1970 Illinois Constitution, and as such may exercise any power and perform any function pertaining to its government and affairs; and

 

WHEREAS, the Illinois Vehicle Code, 625 ILCS 5/15-111(a), establishes maximum wheel and axle loads and 625 ILCS 5/15-111(b), establishes gross weight limitations, for vehicles traveling on “non-designated” highways, which highways comprise the entirety of the County Highway System; and

 

WHEREAS, the Illinois Vehicle Code, 625 ILCS 5/15-102, 103, and 107 establish maximum dimensions for width, height, and length of vehicles; and

 

WHEREAS, overweight and oversize vehicles traveling on County Highways cause excessive wear and tear and sometimes damage County Highways because of their heavy and oversized loads; and

 

WHEREAS, the Illinois Vehicle Code, 625 ILCS 5/15-301, authorizes local authorities upon application and good cause being shown, to issue permits for overweight and other nonconforming vehicles to travel highways under their jurisdiction; and

 

WHEREAS, Chapter 82, Article II, Section 82-41 (b) of the Cook County Code authorizes the Cook County Superintendent of Highways (the "Superintendent") to issue temporary permits to vehicles exceeding load restrictions on County Highways; and

 

WHEREAS, the Superintendent currently issues such permits at his discretion without charge; and

 

WHEREAS, the County is forced to bear the costs of repairing County Highways damaged by overweight and oversize vehicles; and

 

WHEREAS, it is in the interest of the citizens of the County that overweight and oversize vehicles that travel on County Highways be regulated and that the owners and operators of overweight vehicles contribute to the care and maintenance of the roads they utilize and be responsible for damage to the roads caused by their vehicles.

 

NOW, THEREFORE, BE IT ORDAINED, by the Cook County Board of Commissioners that Chapter 66, Article IV, Sections 66-125 through 66-131 of the Cook County Code is hereby enacted as follows:

 

Article IV.  Procedures and Fees for Highway Haul Permits Required

by Overweight and Oversize Vehicles Using County Highways

 

Sec. 66-125. Definitions.

Sec. 66-126. Permits:  Fees and provisions.

Sec. 66-127. Violation and enforcement.

Sec. 66-128. Severability.

Sec. 66-129. Interpretation.

Sec. 66-130. Compliance with all laws.

Sec. 66-131. Effective date.

 

This Ordinance shall take effect and be in force commencing thirty days after its adoption.

 

Referred to the Committee on Roads and Bridges 04-18-07.

 

Vice Chairman Gorman, seconded by Commissioner Silvestri, moved to amend Communication No. 286276. The motion to amend carried unanimously.

Vice Chairman Gorman, seconded by Commissioner Sims, moved the approval of Communication No. 286276, as amended.  The motion carried unanimously.

 

Section 3

 

Your Committee has considered the following communications from Rupert F. Graham, Jr., P.E., Acting Superintendent of Highways, recommending for approval the change in plans and extra work in the construction of certain highway improvements.

 

287215

HIGHWAY DEPARTMENT, by Rupert F. Graham, Jr., P.E., Acting Superintendent of Highways, submitting recommendation for change in plans and extra work on Section:  99-A7622-03-FP.  Techny Road, Shermer Road to the Chicago River in the Villages of Glenview and Northbrook and in unincorporated Cook County in County Board District #14.  Adjustment of quantities and new items.  $99,324.80 (Addition).

 

287216

HIGHWAY DEPARTMENT, by Rupert F. Graham, Jr., P.E., Acting Superintendent of Highways, submitting recommendation for change in plans and extra work on Section:  06-A5011-06-BR.  Group 3-2006:  Lake-Cook Road Bridge over the Slough River; and Roselle Road over the Elgin O’Hare Expressway in the Villages of Palatine and Roselle and in unincorporated Cook and Lake Counties in County Board District #14.  Final adjustment of quantities.  $121,111.50 (Deduction).

 

287217

HIGHWAY DEPARTMENT, by Rupert F. Graham, Jr., P.E., Acting Superintendent of Highways, submitting recommendation for change in plans and extra work on Section:  03-26344-06-FP.  Edens Expressway West Frontage Road, Central Avenue to Park Drive in the Villages of Glencoe, Northbrook and Northfield in County Board District #14.  Final adjustment of quantities.  $213,317.25 (Deduction).

 

287218

HIGHWAY DEPARTMENT, by Rupert F. Graham, Jr., P.E., Acting Superintendent of Highways, submitting recommendation for change in plans and extra work on Section:  03-7BLDG-05-MG.  District #4 Maintenance Facility, 135th Street and 89th Avenue in the Village of Orland Park in County Board District #17.  Adjustment of quantities and new items.  $10,418.11 (Deduction).

 

Vice Chairman Gorman, seconded by Commissioner Steele, moved the approval of the change in plans and extra work described in Communication Nos. 287215, 287216, 287217 and 287218. The motion carried unanimously.

 

Section 4

 

Your Committee has considered the bids submitted on the items hereinafter described in accordance with the specifications prepared by the Acting County Superintendent of Highways.

 

Your Committee has considered the communications from the Acting Superintendent of Highways, submitting recommendations on the award of contracts for said items, and recommends that the contracts be and upon the adoption of this Report, awarded as follows:

 

 

1)         Furnish 400 Tons

            Bituminous (Cold Patch) Premix

            Services 2007 in Maintenance

            North Area

            Section No. 07-CBITN-01-GM Rebid

            Motor Fuel Tax Fund 600-600

 

            Contract awarded to: Arrow Road Construction Company $36,800.00

 

 

 

2)         Furnish 400 Tons

            Bituminous (Cold Patch) Premix

            Services 2007 in Maintenance

            South Area

            Section No. 07-CBITS-01-GM Rebid

            Motor Fuel Tax Fund 600-600

           

            Contract awarded to:  Gallagher Asphalt Corporation $36,800.00

 

3)         Joseph J. Schwab Road

            Algonquin Road to Union Pacific

            Railroad Underpass

            Section 05-A8521-03-FP

            In the City of DesPlaines

            Motor Fuel Tax Account 600-600

            County Board District 17

 

Contract awarded to:  J.S. Riemer, Inc. $1,894,333.60

 

 

Vice Chairman Gorman, seconded by Commissioner Silvestri, moved to concur with the recommendation in awarding the contracts.  The motion carried unanimously.

 

The deposit checks are ordered returned to the unsuccessful bidders at once and to the successful bidders upon the signing of the contracts.

 

 

Commissioner Silvestri moved to adjourn, seconded by Commissioner Daley.  The motion carried and the meeting was adjourned.

 

 

 

Respectfully submitted,

Committee on Roads and Bridges

 

 

 

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Joseph Mario Moreno, Chairman

 

Attest:

 

 

 

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Matthew B. DeLeon, Secretary