2025-07-21 - Ordinance 2025-085 - APPROVING A RIGHT-OF-WAY ACCESS AGREEMENT WITH EZEE FIBER TEXAS, LLChl
\ **4 .D
BUFEAIO
GR9VE
oRDtNANCE 2025-085
AN ORDINANCE APPROVING A RIGHT-OF-
WAY ACCESS AGREEMENT WITH EZEE
FIBER TEXAS, LLC
WHEREAS the Village of Buffalo Crove is a home rule unit pursuant to the
lllinois Constitution of l97O; and
WHEREAS the Village seeks to enter into a right-of-way access agreement
with Ezee Fiber Texas, LLC.
NOW THEREFORE BE lT ORDAINED by the President and Board of Trustees of the
Village of Buffalo Crove, Cook and Lake Counties, lllinois, as follows:
SECTION I. The foregoing recitals are hereby adopted and incorporated and made a
part of this Ordinance as if fully set forth herein.
SECTION 2. The right-of-way access agreement attached herein is approved subject
to review and approval by the Village Attorney and Village Engineer.
SECTION 3. lf any section, paragraph, clause or provision of this Ordinance shall be
held invalid, the invalidity thereof shall not affect any other provision of this
Ord ina nce.
SECTION 4. This Ordinance shall be in full force and effect from and after its passage
and approval and shall not be codified.
6 - Johnson. Richards. Cesario, Ottenheimer. Bocek. WeidenfeldAYES:
NAYES:
ABSENT:
PASSED:
APPROVED:
PUBLISHED
O None
July 21.2025
July 21.2025
July23.2C25
- None
ATTEST APPROVED
S;d&"-
Sirabiai, Villave Clerk lage PresidentJanEric N. Smith,
': - .., aa, . .-.
: .- ji;'? -'. Page I of 1
smart with heart.
50 Raupp Blvd, Buffalo Crove, lL 60089 \ 847-459-2500 , vbg.org
RIGHT.OF-WAY ACCESS AGREEMENT
This Right-of-Way Access Agreement ("Ageement") is made and entered into this zt day of
J tr-'t ,20?.(,by andbetween the Village of Buffalo Grove, an Illinois home ule municipal
corporation ("Village"), and Ezee Fiber Texas, LLC, a Delaware Limited Liability Company
("Licensee").
RECITALS
A. The Village owns, controls, and maintains public rights-of-way and has adopted Title l2 of its
Municipal Code governing the use, corrtruction, and occupancy of said rights-of-way.
B. Licensee is a communications provider duly authorized undcr fcderal and state law and seeks
to install, operate, and maintain fiber optic or other communications facilities in the Village's
rights-of-way.
C. Licensee desires to obtain from the Village a non-exclusive license to access certain portions of
its rights-of-way and the Village is willing to grant such a liceme under the terms set forth hereirq
corsistent with applicable laws and in the interest of the public welfare.
SECTION I. GRANTOF LICENSE
l I The Village, acting through its Village Manager or Village Enginecr pursuant to authority
delegated by the Village Board of Trustees, grants to Licensee a non-exclusive, revocable license
to install, operate, meintain, repair, replace, and remove communications facilitics within the
public rights-of-way identified in Exhibit A ("Licensed Area"), subject to the terms of this
Agreement, Village ordinances, but not limilcd to Title 12 and Title 16 of the Village Code as
amended from time to time, and all applicable federdl and state laws.
1.2 Licensee sball not use or occupy any quement or property interest not owned by the village
without first obtaioing lawfirl authority to do so and providing written evidence thcreof to the
Village.
1.3 Licensee shall not interfere with existing or future public utility itrfrastructure and shall
coondinate installations to avoid conflict with existing easements or encroachments.
1.4 Licensee shall constuct and maintain its facilities in a manner that preserves the safety and
accessibility of the public rights-of-way. Facilities shall not impede visibitity, ADA access, or
emergency rcsponse operations.
SECTION 2. TERM
This Agreement shall be cffective as ofthc date above and shafl remain in effect for five (5) years.
It may be renewed for one (l) additional five-year term upon mutual written agreement of the
parties unless either party provides written notice of non-renewal at least 180 days prior to
expiratior1.
SECTION 3, COMPLIANCE AND PER,}trTS
3.1 Lioensee shall obtain all requied permits before commencing any work. AII activity must
comply with the Village Code, applioable safety standards, and any conditions athched to the
permits. No facility may be installed or maintained outside of the Licensed Area without prior
written approval.
3.2 Licensee shall not use or occupy any easement or property interest not owued by the Village
without first obtaining lawfuI authority to do so and providing written evidetrce trereof to the
Village.
3.3 Licensee shall not interfere with existing or futurc public utility infrastructure and shall
coordinate installations to avoid conJlict with existing easements or encroachmenB.
3.4 Licensee shall construct and maintain its facilities in a manner that preserves the safety and
accessibility of the public rights-of-way. Facilities shall not impede visibility, ADA access, or
emergency rcsporse operations.
3.5 Licensee shall post and maintain irrevocablo letter ofcredit or other financial security in a form
acceptable to the Village in the amount of I 10% of the Engineer's Opinion of Frobable Costs, or
such other amount as may be required under Section 12.04.100 of the Village Code. The security
shall ensure compliance with the terms of this Agreement, r€storation obligations, and
indsmnifi cation commitments.
3.6 Licensee shall annually r€gister with the Village as require<t by Section 12.M.030 of the
Village Code, including current contact, emergency, and insurance information.
3.7 No person shall construct (as defined in this Chapter 12 of the Village Code) any facility on,
over, above, along, upon, under, across, or within any Village right-of-way which: (l) changes the
location of thc facitity, (2) adds a new facility, (3) disrupts thc right-of-way (as defrncd in Chapter
l2 of lhe Village Code), or (4) materially increases the amount of area or space occupied by the
facility on, over, above, along, under across or within the right-of-way, without first filing an
application with the Village Engineer and obtaining a permit from the Village thercfor, except as
otherwise provided in Chapter [2 ofthe Village Code. No permit shall be required for installation
and maintenance of service connections to customers' premises wherc there will be no disruption
of the right-o f-way.
3.7 .l All applications for permits pursuant to Chapter 12 of the Viltage Code shall be filed on a
form provided by the Village and shall be filed in such number of duplicate copies as the Village
rnay designate. The applicant may designate those portions of its application materials that it
reasonably believes contain proprietary or confidential infonnation as "proprietary" or
"confidential' by clearly marking each page of such materials accordingly.
3.7.2 Permit application length. All permit applications will be limited to 5,000 feet or as
determined reasonable by the Village Engineer.
3.7.3 Minimum Ceneral Application Requirements. The application shall be made by the utility
or its duly authorized rcpresentative and shall contain, at a minimum, the following:
3.7.3.1 The utility's name and ad&€ss and telephone and telecopy numbers
3.7.3.2 The applicant's name and address, if different than the utility, its tclephone, telecopy
numbers, e-mail address, and ils interest in tlre work.
3.7.3.3 The narnes, addresses and telephone and telecopy numbers and e-mail addresses of all
professional consultants, if any, adrrising the applicant with respect to the application.
3.7.3.4 A general descriptioa of the proposed work and the puposes and intent of the facility and
the uses to which lhe facility will be put. The scope and detail of such description shall be
apptopriate to the natu€ and character ofthe work to be performed, with special emphasis on those
matters likely !o be affected or impacted by the work proposed-
3.7.3.5 Evidence that the utility has been placed on file with the Village:
3.7.3.6 A written traffic control plan dernonstating the protective measures and devices that will
be employed consistent with the fllinois Manual on Uniform Traffic Control Devices, to prcvent
injury or damage to pemotrs or property and to minimize disruptions to efEcient pedestrian and
vehicular trafEc; and
3.7.3.7 An emergency contingency plan which shall specifr the nature of potential emergencies,
including, without limitation, construction and hazardous matcrials cmergcncics, and thc intendcd
rasponse by the applicant. The intended responsr shall include notifrcation to the Village and shall
prcmote protcction of dre safcty and convenience of thc public. Compliancc with ICC regulations
for emergency contingency plans constitutes compliance with this section unless the Village finds
that additional information or assurances are needed.
3.7.3.8 Drawings, plans and spccifications showing the work proposed, including the certification
ofan orgineer that such drawings, plans, and specifications comply with applicable codes, rules,
and regulations; Drawings must include all existing utilities which should bc obtaincd tbrough a
Design Stage JULIE locate ticket request.
3.7.3.9 Evidence of insurance as requirerl herein
3.7.3.10 Evidence of posting of the security fund as required in Section 12.04.100 of the
Village Code.
3.7.3.11
Code; and
3.7.3.t2
3.7.4 ln
Any request for a variance from one or more provisions ofChapter 12 ofthe Village
Such additional information as may be reasorubly required by the Village.
the case of the installation of a new electric power, communications,
telecommunications, cable television service, video seryice or natural gas distribution system,
evidence that any "Csrtifioate of Public Coovenience and Necessity" or other regulatory
authorization that the applicant is required by law to obtain, or that the applicant has elected to
obain, has be€n issued by the ICC or otherjurisdictional authority.
3.7.4 Applicant's Duty to Update lnformation Throughout the entire permit application review
period and the construction period authorized by the permit, any amendments to information
contained ia a permit application shall be zubmitted by the utility in writing to the Village within
thirty days after the change necessitating the amendment.
3.8 Villagc Review of Permit Applications. Completed permit applications, containing all
required documortation, shall be examined by the Village Engineo within a reasonable time after
filing. If the application does not conform to the requirernents of applicable ordinances, codes,
laws, rules, and regulations, the village Engineer shall reject such application. If the village
Engineer is satisfied that the proposed work conforms to the requirements of chapter 12 of the
Village Code and applicable ordinances, codes, laws, rules, and regulations, the Village Engineer
shall issue a permit therefor as soon as practicable. In all instances, it shall be the duty of the
applicant to demonstratE, to the satisfaction ofthe village Engineer, that the construction proposed
under the application shal I be in lull compliance with the requiryrnents of Chapter I 2 ofthe Village
code. The village Engineer may also spprove an application'As Noted", which will dcmonstate
provisions of the permit that are rcquir€d of the work.
3.9 Effcct of Permit - Authority Granted. No property fught or other Interest created. A permit
from the Village authorizes a permittee to undertake only certain activities in accordance with
chapta 12 ofthe village code on village rights-of-way and does not qeate a property right or
grant authority to the permittee to impinge upon the rights of others who may havc an intcrcst in
the rights-of-way.
3.10.1 Duration. No permit issued under Chapter l2 of the Village Code shall be valid for a period
longer than six months unless construction is actually begun within that period and is thereafter
diligently punued to completion.
3.10.2 Pre-construction Meeting at the Village Engincei.'s optior! no construction shall begin
pursuant to a permit issued under chapter 12 of the village code prior to attendance by the
permittcc and all major contractors and subcontractors who will perform any work under the
permit at a pre-construction meeting. The pre-construction meeting shall be held at a date, time
and place designated by the Village with such Village representatives in attendance as the Village
deems necessary. The meeting shall be for the purposc of reviewing the wod< under the permi!
and reviewing special consideratio r nec€ssary in the area.s where work will occur, including,
without limitation, prescnce or absence of other utility facilities in the area and their locations,
procedures to avoid disruption of other utilities, use of rights-of-way by the public during
construction, and access and egress by adjacent property owners.
3.10.3 compliance with All laws Required. The issuance of a permit by the village does not
excuse the p€rmittee from compllng with other requirements of the village and ap,pticable
statutes, laws, ordinances, rules, and regulations.
3 . I 0.4 Notice Before commencernent of construction. A minimum of seventy-lwo hours prior
written notice must be given to the Village Engineer before any work shall begin pu$uant to a
permit iszued under Chapter l2 of the Village Code.
3.10.5 copy of Permit at site tocation. A copy ofthe issued permit shall be kept at the work site
at all times.
3'13 Revised Permit Drawings - If the actual locations of any facilities deviate in any material
respect from the locations identified in the plans, drawings and specifications submitted with the
permit application, the permittee shall submit a revised set of drawings or plans to the village
within ninety days after the completion of the permitted work. The revised drawings or plans shall
specifically identi! where the locations ofthc actual facilities deviate from the locations approved
in the permit. If any deviation from the permit also deviates from the requirements of Chapter 12
of the Village Code it shall bc heated as a request for variance in accordance with Section
12.04.210 of C}nF/.er l2 of the village code. If the village denies the request for a variance, thcn
the perrnittee shall either remove the facility from the rightof-way or modit/ the facility so that it
conforms to the pemit and submit revised drawings or plans therefore.
3.14 village Right to Revoke Permit The vi age may revoke or s,,spend a pennit issued
pursuant to chapter 12 ofthe village code for one or more ofthe fiollowing reasons:
3.14.1 Fraudulent, false, misrepresenting, or materially incomplete statemcnts in the permit
application.
3.14.2 Noncompliance with Chapter l2 of the Villago Code.
3.14.3 Permittee's physical presence or presence of permittee's facilities on, over, above, along,
upon, under, across, or within the rights-of-way presents a direct or imminent threat to the public
health, safety, or welfare; or
3.14.4 Permittee's failure to construct the facilities substantially in accordance with the pennit and
approved plans.
Incomplete or failure to perform on another pemtit within thc Village.
3.15 Notice of Revocation or Suspension. The Village shall send written notice of its intent to
revoke or suspend a permit issued pursuant to Chapter 12 of the Village Code stating the reason
or reasons for the revocation or suspension and the alternatives available to permittee under this
section.
3.l6 The Village may, in its discretion, for good cause shown, extend the time periods provided
in this subsection.
3.16.1 Stop \York Order. ln addition to the issuance ofa notice of revocation or suspension, the
Village may issuc a stop work order immediately upon discovery of any of the reasons for
revocation set forth within subsection A ofthis section.
3.16.2 Failure or Refixal of the Permittee to Comply. If the perrrittee fails to comply with the
provisions of subsection C of this section, the Village or its designee may, at the option of the
Village: (1) correct the deficiencies; (2) upon not less than rwenty days' notice to the permittee,
remove the subject faoilities or equipment; or (3) after not less than thirty days'notice to the
psrmittee offailure to cure the noncompliance, deem them abandoned and property of the Village.
The permittee shall trc liable in all everts to the Village for all costs of removal.
SI'CTION 4. ['EES AND COSTS
Licensee shall pay all applicable pemit fces and reimbursc thc Village for any actual, reasonable
third-party costs incurred for engineering review, inspections, or restoration oversight, as
permitted under Title 12.
SECTION 5. INST]RAI{CE,
5,1 Licersee shall maintain insurance as requited by Section 12.04.080 of the Village Code,
naming the Village and its eleoted and appointed officials, employees, agents, and representatives
as additional insueds. Cerlificates of insurance shall be filed prior to the commencement of work
and updated aonually. Nothing in this Agr€ement shall prevent the village from requiring greater
insurance coverage than specified in Section 12.04.080.
5.2 All insurance shall be effected under policies issued by carriers rated at least A- and Class VII
by A.M. Best. Licensec may sclf-irsurc only upon written approval by the Village and
demonstration of financial capacity consistent with section 12.04.080(E) oflthe village code.
SECTION 6. II\:DTMNIFICATIOII
To the fullest extent permitted by law, Licensee shall defend, indemnif,, and hold hannless thc
village, its corporate authorities, officers, officials, employees, agenb, rcpresotrtatives, and
contractors (collectively, the "lndemnitees") from and against any and all claims, liabilities,
obligations, damages, penalties, fines, costs, and expenses (incruding attromeys, fees and expert
witness fees), ofany kind or nature, whether direct or indirect, arising out ofor rrsulting from:
(a) Licensee's or its contractors', subcontractors', employeesr, agents', or affiliates' acts or omissions
in connection with the corutruction, irstallatiorL operation, maintenance, repair, relocation, or
removal of Licensee's facilities.
(b) any breach or dcfault by Liccnsce in the performance of its obligations under this Agreement
(c) any violation by Licensee or its agents of applicable law
(d) any claim for bodily injury, penonal injury, death, pmperty damage, or economic harm arising
out ofor in connection with Licensee's use or occupancy of the rights-ofl-way.
(e) any claim arising from or related to the relocation or removal of the Licensee's facilities in
accordance with Section 7 or Section 8, including, but not limited to those brought by Licensee's
customers or end users that assert injuries of any kind resulting from a loss or intemtption of
service in the licensed facility,
except to the extent caused by the greee-negligence or willfirl misconduct of the Village. The
obligations set forth in this section shall survive the cxpiration or carlier termination of this
Agreemenl Nothing herein shall waive any defeose or immuoity the Village may assert a.s it
relates to any claim.
SECTION 7. RELOCATION AND REMOVAL
7.1 Village-Dire cted Relocation in the Public Interest.
Upon written notice from the Village Manager or their designee, Licensee shall, at its sole cost
and expense, promptly relocate, remove, or adjust its facilities as directed when necessary to
further the public intcrest. Examples include public worts, utility improvcments, hansportation
upgrades, or safety enhancements. Forma[ direction from the Village Board shalt not be required
to trigger Licensee's obligations under this Section.
7.2 Timing and Compliance.
Unless othenvise stated, l,icensee shall complete the relocation within forty-five (45) days.
Permitting and other requirements remain applicable to the relocation efforts. The Village
Manager may grant an extension for good cause pmvided such an extension does not delay the
remainder of the project to the detrinent of the village. The village may itssess any costs
associated with an extension requested or otherwise occasioned by the Licensee on the Licensee.
7.3 Failure to Comply.
If Licensee does not comply, the village may perform the work and invoice Licensee for all
reasonable costs. Payment is due within thirty (30) days.
7.4 Emergency Relocation.
In cmergencies, the Village may relocate facilitiss without prior notice. Liccrsee shall reimburse
costs upon demand.
7.5 No Compensation.
Licensee waives any claim for compensation related !o relocation or removal under this Section.
7,6 Intemption.
Licensee shall indemnift, defend, and hold the Village harmless from any and all claims by itself,
its customers or third parties resulting from any intemrption ofservice occasioned by the relocation
or removal of the Licensees' facilities under this section
SECTION 8. ABANDONMEIfT AND REMOVAL UPON CESSATION OT
OPERATIONS
8.1 Obligation to Rernove Facilities.
Licensee shall remove its facilities and restore the right-of-way upon:
(a) Insolvency or baokruptcy.
(b) Cessation ofoperations within the Village; or
(c) Non-usc ofa facility for six (6) consecutive montrs withoutjustification.
8.2 Notice ofCcssation or Abandonment.
Licensee shall notif, the Village within thirty (30) days of any such event
8.3 Village Self-Help.
If Licensoe does not remove the facilities lr,ithin sixty (60) days of nofice from the village, the
Village may perform the work and recover costs through any security provided and seek to recover
any difference fiom Licensee.
8.4 Title to Abandoned Facilities.
The village may elect to take title to abandoned facilities by writtor notice. At the village's
clection, title may be lirnited to certain appurtsnances.
8.5 Determi nation of Abandonment.
A facility will be deemed abandoned if:
- It is unused for six (6) consecutive months; and
- Licensee fails to demonstrate regitimate business prans or continued maintenance.
- Liconsee fails to respond within thirty (30) days to a Village request for certificstion ofuse.
The Village may request an annual certification of use and intent to maintain.
SECTION 9. ASSIGNMENT
9. I Assignment is prohibited without prior written consent ofthe Village.
9.2 Lice$ee shall notifr the Village at least thirty (30) days prior to any transfer of ownership or
control of the facilities. All obligations ofthis Agreement shall be binding on any successor.
SECTION 10. DEFAULT AND TERMINATION
10.1 The Village may revoke this License, in wholc or in part, or suspend construction or operation
ofany Licensee facilities within the public right-of-way, if:
1. Licensce has made a marcrially false or misleading statement in ih application.
2. Licersee fails to comply with any term, condition, or obligation under this Agleement or
applicable Village ordinances, including Title 12.
3. The presence or condition ofthe Licensee's facilities presents an imminent threat to public
health or safety; or
4. Licensee Ails to construct or maintain its facilities substantially in accordance with the
approved plans or applicable law.
5. Licensee fails to comply with JULIE law.
10.2 Prior to revocatioq the Village shall give written noticc to Licensee dcscribing the default or
violation. Licensee shall have thrty (30) days to curr the violation or, if it cannot reasonably be
cured within such a period, to begin and diligently pursue the cure to completion.
10.3. If Licensee fails to cure within the required period, the village may revoke the License or
take zuch other enforcement action as authorized by law, including rernoval of facilities at
Licensee's exponse.
10.4 Nothing in this Agre€ment shall be conshued to timit the village,s authority under Title
I 2.04. I l0 or other applicable law.
SECTION 11. NOTICES
All notices shall be in writing and delivered by personal rrvice, certified mail, electronic mail, or
courier to:
If to the Village:
Village Manager
If to Licensee:
Legal Department
Village of Buffalo Grove
50 Raupp Blvd
Buffalo Grove, lL 60089
Ezee Fiber Texas, LLC
5959 Corporate Dr.. Ste. 2000
Houston, TX 77036
Attn: Legal Department
leeal((uezeefiber.com
With a copy to:
Gamer.duncan@ezeefi ber.com
With a copy to:
Patrick T. Brankin, Village Attorney
Schain Banks Kenny & Schwartz, Ltd
70 W Madison St.. Ste 5400
Chicago, lL 60601
(ll2) 345-5700
pbrankin@schainbanks.com
This Agreement shall be govemed by and construed in accordance with the laws of the State of
Illinois, without regard to its conflicts of laws pnnciples. Any litigation or proceeding arising out
ofor relating to this Agreement shall be brought exclusively in the Circuit Court ofCook County,
lllinois, and the parties irrevocably submit to thejurisdiction and venue ofthat court.
SE('I'IO\ I 3. GEN ER{ L CONSTRI-ICTION REQUI RE il| ENI'S
13. I General Conditions
l3.l.l lt is the policy ofthe Municipality and other goveming agencies to ser standards for the
pertbrmance ofconstruction. This agreement shall expressly adhere to the 'standard Specifications
for Road and Bndge construction', latest edition, the 'standard Specifications for water and
Sewer Main construction in lllinois', latest edition, the 'Illinois Manual on Uniform Traffic
Control Devices', latest edition, and Village Code unless otherwise specified herein.
13.2 JULIE Notification
13.2.1 The Contractor shall contact the Joint Utitity Locating lnformation for Excavators (JULIE)
a minimum of two (2) days (not including the day ofthe call) in aclvance betbre any project is
started in accordance with Article 107.19 ofthe Srandard Specifications and JULIE law.
SECTION I2. COVER\INC LA\\'AND VE\T'E
13.3 Prosecution of the Work
13.3.1 The work shall be prosecuted in such a marmer and with such a supply of materials,
equipment and labor as is considered necess&ry to ensure successfu[ completion according io the
time specified.
13.3.2 l'he utility shall notifu the Village Engineer in writing at l@st 72 hours in advance of
construction corrunencement and 24 hours in advance of either discontinuing or resuming
operations.
13.4 Construction Work Periods
13.4.1 construction operations shall be completed in accordance with ritle 9.38 of the yillage
Code. All work shall be confined to the period begiruring at 7:00 AM and erding at 6:00 pM on
weekdays. No work shall be done on Saturdays, Sundays or legal holiday periods as defined in
article 107.09 ofthe Standard Specifications.
13.4.2 Construction operations on rights-of-way may, at the discrctioa of the village
Engineer, be required to be discontinued when such operations would create hazards to traffic
or the public health, safety, and welfare. Such operations may also be required to be
discontinued or reitricted when conditions are such that construction would result in extensive
damagc to thc right-of-way or other property.
corstruction operations must coordinate with otber project work and operations. The village
Engineer may require the discontinuation ofwork at any time to ensure projects are appropriately
prioritized
13.4.3 These restrictions may be waived by the Village Engineer when emergency work is
required to restore vital utility services.
13.5 Emergency Contact
13.5.1 The utility shall appoint an emergency contacl for the Village which shall be available
twenty-four (24) hours a day, seven (7) days a week, regarding problems, or complaints resulting
from the installation, operation, maintenance, or removal of tlre facilities. At a minimum, the utility
shall prcvide a phone number for this p€tsorl.
13.6 Progress Schedule
13.6.1 Prior to the start of constructiorq the Contractor sball submit to the Village Engineer a
satisfactory pmgress schedule or critical path schedule which shall show the proposed s€quence
of work, and how the utility proposes to cornplcte the various items of work within the timeframe
allowed. Work nray not begin prior to the Village Engineer approving this schedule.
13.7 Traffic Control Plan
13.7.1 Tralfic Control shall be occording to the applicable sections ofthe Standard Specifications,
the Supplemental Specifications, the "Illinois Manual on Uniform Traffic Control Devices for
Streets and Highways", any special details and Highway Standards contained in thc plans, and the
Special Provisions contained herein
13.7.2 Special attention is called to Article 107.09 of the Shndard Specifications and the
lollowing Highway Standards, Details, Quality Standard for Work Zone Traffic Coutrol Devices,
Recurring Special Provisions and Special Provisions contained hereiu, relating to traffic control.
13.7.3 The utility shall take immediate action to correct any deficiencies in traffic
protection requiremonts that arc brought to the utility's attention by the Village. Failure to
comply may result in a fine in accordance with Article 107.09 ofthe Standard Specifications
and/or a termination of work activities.
13.8 Maintenancc of Roadways aud Erosion Contml
13.8.1 The utility shall be required to control dust or air-bome dirt resulting from
construction operations by utilizing a mcchanical street swecpcr on all pavements within or
adjacent !o the project work zone throughout the duration of the project. The resulting debris
shall be disposed of off-site in accordauce with Article 202.03 ofthe Standard Specifications.
Individual fire hydrant use shall not be permitted to control dust at specific locations. The
utility shall providc dust control opcrations daily, throughout the project limim and adjacent
streets. At the direction of the Village Engineer, a prolessional street sweeper may be
requestcd on a weekly basis or as deemed necessary.
13.8.2 No excavations shall be left open during non-work hours unless approved by the
Engineer and adequately protected frotn the public.
13.8.3 The utility will be required over the course of construction to clean inlet filter
baskets weekly or prior to a forecasted rain event. Many of the homes in the Village have
lower garages and are susoeptible to damage when streets flood. The utility shall be held liable
for any damage to private structures if it is determined that the damage was due to the utilities
neglect as specified herein. In the event water is not properly running through inlet filter
baskets caused by debris, the village crews may respond to resident calls about street
flooding. Any Village expense occurred in labor or materials responding to these calls will be
back charged to the utility.
13.8.4 'l'he utility will be required to perform erosion control best manag€metrt practioos
as listed on the plans, specifications, and details during construction. Discharge of sediment-
laden water or construction debris into the storm sewer system or waterways will not be
permitted and subjected to a monetary penalty as noted in the monetary penalties general
condition. In addition, the utility wilI be responsible for cleaning all storm sewer systems and
waterways to their preconstruction condition to the satisfaction of the village Engineer. In
the event of an illicit discharge, regardless of blame, the utility shall concentrate their work
efforts on remcdying tho situation to corcct the deficiency.
I 3.9 Construction Staging
13.9.1 No material shall be stored on the right-of-way without the prior approval of the
Village Engineer. Wheo such storage is permitted, all pipe, conduit, wire, poles, cross anns,
or other materials shall be distributed along the right-of-way prior to and during installation
in a manner to minimize hazards to the public or an obstacle to right-of-way maintenance or
damage to the right-of-way and other property. If material is to be stored on right-of-way,
prior approval must be obtained from the Village.
13.9.2 The plans submitted by the utility to the Village Engineer shall identify any
hazardous materials that may be involved in the construction of the new facilities or removal
of any eristing facilities.
13.9.3 The utility shall make thcmsclves aware of thc surroundings and of private
property. The Village will not tolerate entering private property or driving equipment/vehicles
on a driveway within the public right of way to remain for any reason during construction
unless prior approval has been granted by the property owner.
13.10 Boring or Jacking
13.10.1 Pits and Shoring. Boring or jacking under rights-of-way shall be accomplished from
pits located at a minimum distance specified by the Village Engineer &om the edge of the
pavcment. Pits for boring orjacking shall be excavated no more than forty-eight hours in advance
of boring or jacking operations and backfilled within forty-eight hours aller boring or jacking
operations are comploted. While pits are op€n, they shall be clearly marked and protected by
barricades. Shoring shall be designed, er€cted, supported, brace4 and maintained so that it will
safely support all vertical and lateral loads that may be imposed upon it during the boring orjacking
operation.
13. 10.2 Wet Boring or Jetting. Wet boring or jetting shall not be permitted under the roadway.
13. 10.3 Borings with Diameters Greater than Six Inches. Borings ovcr six inchcs (fiftccn one-
hundretlths m) in diameter shall be accomplished with an auger and following pipe, and the
diameter ofthe auger shall not exceed the outside diameter of the follouring pipe by more than one
inch (wenty-five mm).
13.10.4 Borings with Diameters Six Inches or l,ess. Borings of six inches or less in diameter
may be accomplished by eitherjacking, guided with auger, or augcr and following pipe method.
13.10.5 Tree Preservation. Any facility located v.ithin the drip line of any tree tlesignated by
the village to be preserved or protected shall be bored under or around the root system.
13.l I Trenching
13.11.1 Trenching for facility installation, repairi or maintenanc€ on rights-of-way shall be
done in accord with the applicable portions ofSection 603 of IDOT,s "Standard Specifications for
Road and Bridge Conshuction. "
l3.ll.2 The lettgth of open trench shall be kept to the practicable minimum consistent with
rcquircments for pipeJine testing. Only one-half of any intersection may have ao open trench at
any time unless special permission is obtained from the Village Engineer.
13.11.3 Open Trench and Excavated Material. Open trench and windrowed excavated material
shall be protscted as required by Chapter 6 of the [linois Manual on Uniform Traffic Contol
Deviccs. Where practicable, the excavated material shall be deposited between the roadway and
the trench as added protection. Excavated material shall not be allowed to remain on the paved
portion of the roadway. Where right-of-way width does not allow for windrowing excavated
material off the paved portion of the roadway, excavated material shall be hauled to an off-road
location.
l3.ll 4 Drip Line of Trees. The utility shall not trcnch within the drip line of any tree
designated by the Village to be preserved.
13.12 Backfilling
l3.l2.l Any pit, trench, or excavation created during the installation of facilities shall be
backfilled for its full widt[ depth, and length using methods and materials in accordance with
IDOTs "Standard Specifications for Rotrd and Bridge Construction." When excavated matcrial is
hauled away or is unsuitable for backfill, suitable granular backfill shall be used based upon
Exhibit 109 of Title l6 of the Village Code.
13.12.2 For a period of three years fiom tho date construction ofa facility is completed, the
utility shall be responsible to rcmove and restor€ any backfilled area that has settled due to
construction ofthe facility. Ifso, ordered by the Engineer, the utility, at its expense, shall removc
any pavement and backfill rnaterial to the iop of the installed facility, place and properly compact
new baokfill material, and restore new pavement, sidewalk, curbs, and driveways to the proper
grades, as determined by the Engineer.
13.13 Pavcment Cuts
l3.l3.l Pavement cuts for facility hstallation or repair sha[ be permified on a highway only if
that portion of the highway is closed to haffic. If a variance to the limitation set fotth in this
subsection is permitted under Section 12.04.210 of the villagc codc, the following requirements
shall apply:
13.13.2 Any excavation under pavements shall be backfifled and compacted as soon as
practicable with IDOT approved granular material of CA-6 or CA-10 gradation, in accordance
with Section 1004 ofthe Standard Specifications and as designated by the Engineer. All aggregates
shall be compacted to 95% modified proctor density conforming to ASTM D-l557 or AASIITO
T-180.
13.13,3 Restoration of pavement, in kind, shall be accomplished within ten days after any
potion of the right-of-way or easemcnt is distub€d, damagcd or destoyed due to construction or
mainlenance by the utility, and temporary repair with bituminous mixture shall be provided
immediately. Any subsequent failurc of cithcr thc temporary repair or the restoration shall be
rebuilt upon notification by the Village. AII hot-mix asphalt shall be an IDOT approved mix and
be compacted in accordance with Section 406 ofthe Standard Specificafions. All portland cement
concrete shall be an IDOT approved mix in accordance with Sections 420,423, and 424 of the
Standsrd Specilications.
13.13.4 The utility shall be required to perform a perpendicularly straight joint by fulldepth
machinc sawiog ofall proposed items to be removed prior to remova[ operations to prevent damage
or spalling to existing hardscap€ to remain. Simple or partial depth scoring shall not be permitted.
,A.ll sawcut slurry, regarrdless of the amount, shall be promptly removed to prevent tracking. Any
slurry hacked or left on surfaces to remain shall be thoroughly cleaned or replaced, at the direction
of the Village Engineer, by the utility.
13.13.5 For all rights-of-way which have been reconstructed with a concrete surface/tase in the
last seven years, or resurfaced in the last three years, permits shall not be issued unless such work
is determined to be an emergency repair or other wor{< considered necessary and unforescen before
the time of the reconstruction or unless a pavement cut is necassary lor a JULIE locate.
Pavement cuts on surfaces rchabilitated or replaced in the last seven years will not be pennitted
without permission from the village Engineer. ln the event any hard surface is damage<l by the
Liceruee or their contractor, the surface will be required to be replaced from cotd joint to coldjoint
in each direction.
Encasement
Casing pipe shall be designed to withstand the toad of the highway and any other
superimposed loads. The casing shall be continuous either by on+piece fabrication or by welding
orjointed installation approved by the Village.
13.14'2 The venting, ifany, ofany encasemcnt shall cxtend within one foot (three-tenths m) of
the right-of-way line. No above-ground vent pipes shall be located in the area established as clear
zone for that particular section of the highway.
13.14
13.14.1
Lalrdscape ltestoration13. l5
l3.l5.l The utility shall restore all turn and temain within ten days after any portion ofthe right-
of-way or easement is disturbed, damaged or destroyed due to construction or mainlenance by the
utility in accordance with Sections 211,250, and 251 ofthe Standard Spccifications. work shall
include all labor, material, and equipment necessary to fumish and install pulverized topsoil, seed,
fertilizer nutricnts and Mulch Method 3,{ in accordance with Sections 211,25O, and 251 of the
Standard Specifications and as specified herein.
13.15.2 Pulverized topsoil shall be placed to a maximum depth of four (4) inches and not be
placed until the area has been shaped, trimmed, and finished to the lines and grades as directed by
the Engineer. All irregularities, depressions, or high points in the surface shall be filled or
smoothed out before topsoil is placed. The surface of the topsoil shall be blended to malch the
existing terrain and adjacent roa<lway, and be free from clods, stones, sticks, and debris.
13.15.3 The utility shall fumish and place IDOT Class I A seed, and be produced and tested in
the current year, be of good quality, and free of weeds. Nitrogen, Phosphorus, and Pota^ssiurn
Fertilizer nutrients shall be applied at a 1: I ratio in accordance with Article 250.04 of the Standard
Specifications. Within 24 hours of seed placement, erosion control blanket shall be placed in
accordance with Article 251.M of the Standard Specifications.
13. 15.4 It is recommended that &e utility water the area every other day at a rate of three (3)
gallons po square yard, howevcq it is the sole and exclusive responsibi[ty ofthe utility to make
required adjustments to the watering rate or schedule.
13.15.5 To be acceptable for final acceptance, the landscaped areas shall undergo a 30-day
period ofestablishment beginning on the last day that seed is sowed During this period, the utility
shall be responsible for watering, removing weeds and maintaining the seeded areas and repairing
any damage to the seeded areas due !o but not limited to, errant vehicles, severe weather or all
other causes. At the end ofthe 30{ay period of establishment, the Village or Engineer will inspect
the landscaped area and if deqned unsatisfactory, ttre utility shall be required to provide means
and methods necessary to establish a live, healthy turfarea. Should the seed not germinate because
of prcvailing cool weather, the period of establishmcnt may be adjustcd as dctermined by the
Engineer. It shall be the sole and exclusive responsibility of the utility, not the Village, for
mainlaining and monitoring the landscape restoration during the period ofestablishment.
13.15.6 Planting times shall be performed when the ambient temperatue has been between
45oF and 80'F for a minimum of seven (7) consecutive days and is forecasted to tre the same for
the next five (5) days according to thc National Wcather Scrvicc.
13,l6 Protection of Mai lboxes
l3' 16. I The utility shatl take all necessary precautions when working near mailboxes. lf at the
utility's discrction, a mailbox will interfcrc with construction opcrations, a temporary mailbox
shall be located per the United States Postal Service requirements and the permanent mailbox
reinstalled following said opcration. At no time shall a resident be without a mailbox or not receive
mail due to a mailbox being rernoved, replaced or damaged. The utility shall replace any mailbox
or post which has been damaged by the utility's operations due to ncglec! misconduct or poor
workmanship.
13.16.2 The utility must maintain access lor both residenb and mail carriers to all mailboxes
throughout the duration of the project.
13.17 Use of Fire Hydrants
I 3 . I 7 . 1 The indiscriminate use of fire hydrants is strictly prohibited. The utility can obtain tron-
potable water in bulk for a charge at Buffalo Grove's self-serve Water Station located at 851
Krause Drive. There is a credit card reader attached to the station for payment. The utility shall
prbvide a water kuck or contaiment and driver to obtain and fansport the water. If it is determined
that the utility or its subcontractors operate or use a Village fire hydran! a monetary penalty of
$ I ,000 per occunence will be imposed.
13.18 ExistingHardscape
l3.l8.l Any damage to existing hardscape from tracked equipment or due to the utility's
negligence, workmanship, or neglect shall be replaced at the utilities expense. It is rccommended
rubber tired or rubber tracked equipment is used. The Village shall determine the limit of removal
and replacement operations, and all work shall be completed to the satisfaction of the Village
Engineer.
l3.l 9 Tree Protection and Preservation
l3.l9.l Breaking off branches of plant material !o remain during clearing or corstnrction
operations will not be altowed. Preceding any existing tsee pruning or trimming operations, the
utility shall demonstrate that there is no other practical method to complete the work and request
permission from the Engineer. All pruning shall be done according to the cunent ANSI 4300 (part
l) - Pruning Standard.
13.19.2 All branches and ficliage pnrned or trimmcd shall be disposcd of o$sitc in accordance
with Article 202.03 ofthe Standard Specifications.
l3' 19.3 All existing frees larger than 6" in diameter and not specifrcally designaled for removal,
which are removed or damaged due to the utilities neglect, shall be inspectoct by the Village
Forester or his designated representative. For each inft'action that causes damage to a tree, a
monetary penalty of$ I ,000 may be imposcd and thc replacement ofthc damaged trec is required,
depending on the exlent of injury caused to each tree. No replaceinent tree shall have a diameter
of less than 3" or morc than 6", unless authorizcd by the village of Buffalo Grove. All new
plantings shall be completed in accordance with Section 253 ofthe Standard spcoificatiors.
13.20 Use of the Work Site
13.20.1 The utility shall use the Work Site solely to complete the Work and such related
astivities as may be authoriz€d or directed by the Village. Except as provided herein, the utility
shall not (nor shall the utility cause or permit any employee or person under utilies contol) display
or broadcast commercial, political, or religious messages or advertisements of any nature at the
Work Site or in connection with the Work. The foregoing shall not be constmed to prohibit the
following at the Work Site or in cormection with the Work: (a) the use of equipmcnt, matcrials, or
other items (e.g. persorurel uniforms and clothing) that identifu the utility (such as by displaying
the utilities name, logo, slogan, contact information, or similar messagcs) or that identiff the maker
or supplier ofsuch equipment, material, or item; or @) the use or display ofsigns, flags, cones,
truffic control devices, markers, or other similar devices that reasonably rclate to the Wor.k, Work
Site safety, public safety, or regulatory compliance; or (c) personal speech, religious practice, or
expression by any individual performing Work or at thc Work Site; or (d) upon written approval
or direction ofthe Village, the display ofinforrration regarding the sponsor ofthe Work or funding
sources for the Work.
13.20.2 In additioo, the utility shall not (nor shall the utility require or permit its personnel,
subcontractors, or subcontractors' personnel to) conduct any prohibited political activity at the
Work Site or while performing the Wor:k The utility and its personnel or subcontractors (including
any subcontractor's personnel) shall not intcntionally or knowingly use the Work Site or any other
property or resources of the Village in connection with any prohibited political acrivity. f-or
purposes ofthis section, the tcrm "prohibitcd political activity" shall have the meaning set forth in
Section 5 ofthe State Officials and Employees Ethics Act,5 ILCS 430/1-5.
13.21 Water and Sewer Services
l3.2l.l The Vitlage of Bu{falo Grove will not locate private water and scwer service lines as
part of the JULIE notification system. The property owner is the owner ofthese servises from the
building to the main and are exempt from the JULIE system.
13.21 .2 'l'he utility is ftrlly responsible for protecting all utilities near or in their excavation atea
and shall make themselves fully aware ofthe exact location ofeach utility; marked or not marked.
The utility may elect to locate any and all utilities marked or unmarked, at their expens€. Repeated
damage to service lines will need to be repaired fiom the main to the righlof-way as directed by
the Engineer. The utility shall bc rcsponsible for repairs to all damaged utilities incurred as
determined by the Village or Engineer.
13.21.3 All repairs to damaged water and sewer service lines shall be completed with material
equal !o' including size, ofthe existing service. Connections ofdissimilar materials shall be made
with stainless steel non-shear mission couplings or appropriate flare couplings for water services.
AII fittings for copper water scnice lines shafi be of the "flare,' type regardress of temporary or
permanent use. Any damage to existing water service lines during consEuction shall Ue repaireA
with the existing main under pressure. The utility shan have a crimping toor and e-z out or freeze
kit on-site to make repairs as required. Repair of service [ines in this manner shall only be
perlormed on lines that will be abandoned as part ofthis project, ifagplicable.
13.21.4 The utility shall refer to the Village of Buffalo Grove's Exhibit 109 Materials List for
all material requirements.
13.22 Red Line Record Drawings
13.22.1 Prior to initial acceptance of improvements, the utility shalt supply the Village Engineer
with rcd linc as-built drawings ofthc installed and abandoned utility improvements including but
not limited to depth and alignment ofnew utility, horimntal offsets ofat-grade appurtenances, and
other underground utility deviations. The depth and alignment shall be noted at all utility crossings,
and a minimum fifry (50) foot spacing along the utility.
13.22.2 The as-built &awings shall be zubmitted to the Village in red marted PDF file on the
approved plan As-builts with insumcient recorded infonnation will be r€jected.
13.23 Final Site Inspection
13.23.1 After the utility has submitted the notice of final completion to the Village, thc Village
may perform a final site inspection of the work performed.
13.23.2 Upon completion of the final site inspection, the Village Fngineer will provide the
utility a list ofany deficiencies documented. The utility will have fourteen (14) calendar days to
correct any deficiencies following the scheduled final iffpection and punch tist submittal by the
Village Engineer.
In the event of a conflict between this section and the Village Code, the Village Engineer shalt
determine the proper clarification.
SECTTON 14. TELECOMML NICATION SPECIFIC RIIQUIRBLENTS
l4.l Fiber Optic Cable
14. l. I . I The Fiber Optic Cable and the installation shall meet the requirements of the National
Electrical Code (NEC), particularly covered in Article 770.
14.1.1.2 All splices shall be secured in fiber optic splice trays within fiber optic distribution
enclosures. No in-ground splices or termilations will be permitted.
14. l.l '3 Extra cable shall be left in each liber optic enclosure. Storage of additional cxha cable
in each handhole shall be coiled These ooils shall be bound at a minirnum of three points around
the coil perimctcr and supported in their static storage positions. The minimum of extra cable
amoun8 shall be ten (10) feet in gulfboxes and junction boxes, fi0y (50) feet in handholes, and
one hundrcd (100) feet in double handholes, conduit risers, support poles, and any splice location.
In the event ofa confliot between this sestion and the Village Code, the Village Engineer shall
determine the proper c larification.
SECTION 15. COMMUMCATION REQUIREMENTS
15. I Website Hosting
15.l.l All ptoviders are rtquired to host and marntain a Village of Buffalo Orove specific website
that shall include, but are not limited to, the following information:
15. I . l. 1 Mapped projects in construction
15..l . I .2 Mapped projects in development. Showing planned desip, permit and
conshuction schedules.
15.1.1.3 Mapped projects dcsigned and permitted. Showing planned construction
schedul€s.
15.1.1.4 How does a resident find out more about services
I 5.2 Village Advertisement
15.2.1 No Licensee will be permitted !o advertise within Village publications
15.2.2 Under no circumstances may a Licersee porhay affiliation with the village in its
publications
15.3 Public Notification on Service Delivery
15.3' I The utility shall be required to providc and dishibute letters to residents or business owners
anytime access will be affecte<t !o a home or business or utility service is interrupt€d. They are
also rcquired to notifr residents or business owners if they will be working in the right-of-way
directly adjacent to the properly or through an easernent on ttre property.
15.3.2 Letters shall be typed on standard 8.5" x I l" paper and an envelope may or may not be
used All letten shall be printed on the utilitics lcttcrhcad and include the name, address, and
telephone number ofthe utilities person in charge.
15.3.3 Letters shall be taped to a non-painted surface using painters' tape or approved equal, and
will be placed in as many locations as needed to ensure they wilt be visiblc to residents.
Distributing letters via mailbox is discouraged, however, must be compliant with all unitgd statss
Postal Service federal regulations. Notification letters shall include, but are not limited to, the
following information:
15.3.3. I
1s.3.3.2
15.3.3.3
The exact day and time work is to begin that will affect access (weather permitting).
How the residents will know they may resume normal access to their property.
The anticipated length ofthe closure (no nrore than one week will be permitted).
15.3.3.4 Specific location where parking is permitted, both ovemight and during the
working day (as signed and normally permitted during daytime).
15.3.3.5 The Village of ButTalo Grove Police Department has been notified that overnight
parking will be permitted. (It shalt be the responsibility ofthe Contractor to confirm this with the
Village.)
15.3.3.6 'fhe utility will go door{o-door the moment prior to work is to begin to ensure all
accommodation is made-
15.1.3.7 The utilities person in charge name and contact information for additional
information or specific requests.
15.3.3.8 Specific documentation as to why they have access nghts to the easement (if
applicable. )
15.3.4 Notification letteru shall be distnbuted a minimum of 24 hours prior to access being
affected or otherwise. Ifthis requirement is not met. work shall not commence. Additional leners
may be required when weather or other unforeseen circumstances change the schedule. When
requested, the utility is required to retum or provide correspondence from a resident within 24
hours.
SECTION 16. ENTIRE AGREEMENT: AMENDMENT
This Agreement represents the full understanding bet*'een the parties and may only be amended
by written instrument signed by both.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above
written.
VILLA OF BUFF O CRO\'[
Narne:ric
Title: Vi\\mL Pr.s'&,,t
LICENS
By,
Name:
Title:
4o,^
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EXHIBIT A
IAttach schematic or detailed description of licensed locations]
Please refer to the attached map. The red lines represent approximate routes we would take to
deliver fiber to the home. This is around I l90K feet.
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