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93-1215 Western Area II Voucher 17
RESOLUTION AUTHORIZING THE ISSUANCE OF VOUCHER NUMBER 17 OF SPECIAL ASSESSMENT WESTERN ELGIN AREA II WHEREAS, the engineer's payment estimate in the amount of $280,921 . 88 has been presented to the City for work completed on Special Assessment Western Elgin Area II, a copy of said engineer's estimate being attached hereto and made a part hereof; and WHEREAS, a notice of claim for lien has been received on behalf of Countryside Industries, Inc . in the amount of $118,650 . 60 against the amount of such estimate. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF LOCAL IMPROVEMENTS OF THE CITY OF ELGIN, that the Board of Local Improvements hereby approves the issuance of the following voucher in the following amount for Special Assessment Western Elgin Area II : Voucher No. 17 in the amount of $162, 341 .28 to Arrow Road Construction. A copy of said voucher being attached hereto and made a part hereof . s/ George VanDeVoorde George VanDeVoorde, President Board of Local Improvements City of Elgin Presented: December 15, 1993 Adopted: December 15, 1993 Vote: Yeas 5 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, Secretary SPECIAL ASSESSMENT VOUCHER CITY OF ELGIN STATE OF ILLINOIS COUNTIES OF KANE AND COOK VOUCHER NO. 17 WESTERN ELGIN AREA II SPECIAL ASSESSMENT NO. TX 92 0004 $162,341.28 SPECIAL ASSESSMENT VOUCHER OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS: To the Finance Director of the City of Elgin, Illinois. From funds to be obtained by collection of the special assessment made by the City of Elgin, Kane and Cook Counties, Illinois, in proceedings filed in the Circuit Court of Kane County, Illinois, and confirmed by the said Court on the 23rd day of July, 1992 and on the 1st day of September, 1992, in proceedings bearing Docket Number TX 92 0004 for the purpose of paying the cost of construction work of the improvement known as Western Elgin Area II in said City of Elgin, the said City of Elgin will pay to Arrow Road Construction, or order, when collected, the sum of One Hundred Sixty-Two Thousand Three Hundred Forty-One Dollars and 28/100ths ($162,341.28) with interest thereon from the date hereof at the rate of seven percent (7%) per annum. This Voucher is given pursuant to authority conferred by the General Assembly of the State of Illinois in Article 9, Division 2, Paragraphs 9-2-1 through 9-2-144 of the Illinois Municipal Code ( Ill. Revised Statutes, Chapter 24, Paragraphs 9-2-1 through 9-2-144 ) , in the matter of the aforesaid improvement and is the 17th Voucher issued on account of such work done. This voucher was authorized by the Board of Local Improvements. IN WITNESS WHEREOF, the City of Elgin Board of Local Improvements has caused this Voucher to be executed by its Mayor, countersigned by its Clerk, and its corporate seal to be affixed hereto at the City of Elgin, Illinois, this /4MACaywof December, 1993. f/ / 404.. George V� �„"eVoorde, Mayor Countersigned: L-1,0 ' GC12ti Do onna Mecum, City Clerk eived the original of the foregoing Voucher this 1/ day of �L uc4--z--<_ , 1993. ARROW RO CONS - ION By 1111" CITY OF ELGIN KANE COUNTY,ILLINOIS AREA II STREET AND SEWER IMPROVEMENTS CITY COST CENTER 7109 ENGINEER'S PAYMENT ESTIMATE CONTRACTOR'S JOB NUMBER: 675 ESTIMATE NO.10 FROM OCTOBER 26,1993 TO DECEMBER 7,1993 CONTRACTOR'S INVOICE NUMBER: PAYABLE TO: ARROW ROAD CONSTRUCTION 3401 SOUTH BUSSE ROAD P.O.BOX 334 MOUNT PROSPECT,ILLINOIS 60056 (708)437-0700 ITEM AWARDED ADDED DEDUCTED COMPLETED No. DESCRIPTION UNIT QUANTITY VALUE QUANTITY QUANTITY QUANTITY UNIT PRICE VALUE 1 EARTH EXCAVATION CU YD 49265 $228,589.60 2129 47136 $4.64 $218,711.04 2 TRENCH BACKFILL CU YD 10334 $191,592.36 49 10285 $18.54 $190,683.90 3 SUB-BASE GRANULAR MATERIAL TYPE B TON 4387 $53,170.44 2198 6585 $12.12 $79,810.20 4 TOPSOIL PLACEMENT(4") SQ YD 33598 $43,341.42 625 32973 $1.29 $42,535.17 5 12"AGGREGATE BASE COURSE,TYPE B TON 6635 $52,880.95 127 6508 $7.97 $51,868.76 6 8"AGGREGATE BASE COURSE,TYPE B TON 34619 $303,608.63 3383 31236 $8.77 $273,939.72 7 8"BITUMINOUIS BASE COURSE TON 4227 $127,824.48 3981 8208 $30.24 $248,209.92 8 BITUMINOUS MATERIALS(PRIME COAT) GAL 21143 $16,491.54 243 20900 $0.78 $16,302.00 9 BITUMINOUS SURFACE PLANT MIX,CLASS B(MODIFIED) TON 18695 $507,382.30 1913 20608 $27.14 $559,301.12 10 RELOCATE WATER OR SLUDGE MAIN EACH 10 $20,600.00 6 4 $2,060.00 $8,240.00 11 10"DIA.RCCP STORM SEWER TYPE I,CLASS IV LN FT 234 $3,615.30 17 251 $15.45 $3,877.95 12 12'DIA.RCCP STORM SEWER TYPE I,CLASS IV LN FT 2864 $47,198.72 93 2957 $16.48 $48,731.36 13 15"DIA.RCCP STORM SEWER TYPE I,CLASS IV LN FT 2103 $34,657.44 6 2097 $16.48 $34,558.56 14 15"DIA RCCP STORM SEWER TYPE 2,CLASS III LN FT 2637 $43,457.76 102 2739 $16.48 $45,138.72 15 18"DIA.RCCP STORM SEWER TYPE 1,CLASS IV LN FT 70 $2,018.80 1 71 $28.84 $2,047.64 16 18"DIA.RCCP STORM SEWER TYPE 2,CLASS III LN FT 1150 $21,321.00 6 1156 $18.54 $21,432.24 17 21"DIA.RCCP STORM SEWER TYPE I,CLASS IV LN FT 329 $6,777.40 34 363 $20.60 $7,477.80 18 21'DIA.RCCP STORM SEWER TYPE 2,CLASS III LN FT 624 $12,854.40 53 677 $20.60 $13,946.20 19 24"DIA.RCCP STORM SEWER TYPE 2,CLASS4II LN FT 1346 $31,886.74 181 1165 $23.69 $27,598.85 20 27'DIA.RCCP STORM SEWER TYPE I,CLAS V LN FT 312 $9,640.80 32 280 $30.90 $8,652.00 21 27'DIA RCCP STORM SEWER TYPE 2,CLASS III LN FT 391 $12,081.90 17 408 $30.90 $12,607.20 22 36"DIA.RCCP STORM SEWER TYPE 2,CLASS III LN FT 1717 $67,203.38 589 1128 $39.14 $44,149.92 23 42'DIA.RCCP STORM SEWER TYPE 2,CLASS III LN FT 661 $29,275.69 5 656 $44.29 $29,054.24 24 48"DIA.RCCP STORM SEWER TYPE 2,CLASS III LN FT 1243 $64,014.50 20 1223 $51.50 $62,984.50 25 14"x 23"ELL.RCCP ST.SEWER,TYPE 1,CLASS IV LN FT 629 $25,914.80 3 632 $41.20 $26,038.40 26 8"DIA.PVC SANITARY SEWER LN FT 43 $1,328.70 146 189 $30.90 $5,840.10 27 10"DIA.PVC SANITARY SEWER LN FT 245 $8,832.25 13 258 $36.05 $9,300.90 28 15"DIA.PVC SANITARY SEWER LN FT 6 $1,854.00 6 $309.00 $1,854.00 29 MANHOLE SPECIAL NO.1 EACH 1 $3,914.00 1 $3,914.00 $3,914.00 30 4'DIA.MANHOLE TYPE A EACH 18 $16,686.00 2 16 $927.00 $14,832.00 31 5'DIA.MANHOLE TYPE A EACH 46 $61,594.00 3 49 $1,339.00 $65,611.00 32 6'DIA.MANHOLE TYPE A EACH 7 $21,630.00 2 9 $3,090.00 $27,810.00 33 4'DIA.CATCH BASIN,TYPE A(QTY REDUCED C.O.#1) EACH 105 $91,927.50 7 98 $875.50 $85,799.00 34 2'DIA.INLET,TYPE A EACH 2 $1,030.00 1 3 $515.00 $1,545.00 35 ADJUSTING FRAMES&GRATES EACH 101 $10,403.00 61 40 $103.00 $4,120.00 36 CB'S&DRY WELLS TO BE FILLED WITH SAND EACH 41 $4,223.00 2 43 $103.00 $4,429.00 37 B6.18 COMBINATION CURB&GUTTER LN FT 38492 $297,543.16 2906 41398 $7.73 $320,006.54 38 B6 BARRIER CURB LN FT 414 $3,626.64 6 420 $8.76 $3,679.20 39 DRIVEWAY PAVEMENT REMOVAL SQ YD 1148 $2,663.36 673 1821 $2.32 $4,224.72 40 COMBINATION CURB&GUTTER REMOVAL LN FT 3154 $4,888.70 296 2858 $1.55 $4,429.90 41 SIDEWALK REMOVAL(39,000 S.F.INCREASE C.O.#2) SQ FT 52485 $15,745.50 30758 122243 $0.30 $36,672.90 42 BITUMINOUS SURFACE REMOVAL(COLD MILLING) SQ YD 3586 $7,315.44 1678 1908 $2.04 $3,892.32 43 FIRE HYDRANTS TO BE MOVED EACH 3 $4,635.00 3 $1,545.00 $4,635.00 44 SODDING .SQ YD 33297 $80,578.74 324 32973 $2.42 $79,794.66 45 TRAFFIC CONTROL L SUM 1 $44,476.43 1.00 $44,476.43 $44,476.43 46 MOBILIZATION L SUM 1 $60,358.00 1.00 $60,358.00 $60,358.00 47 SIDEWALK(39,070 S.F.INCREASED QUANTITY C.O.#2) SQ FT 93204 $210,641.04 30688 123892 $2.26 $279,995.92 48 DRIVEWAY SQ YD 6433 $129,496.29 767 7200 $20.13 $144,936.00 49 WATER MAIN ENCASEMENT LN FT 14 $1,442.00 14 $103.00 $0.00 50 ENGINEERS FIELD OFFICE L SUM 1 $9,270.00 1.00 $9,270.00 $9,270.00 51 UNDERGROUND LIFT STATION L SUM 1 $47,380.00 1.00 $47,380.00 $47,380.00 52 4"DUCTILE IRON FORCEMAIN LN FT 1372 $21,197.40 27 1399 $15.45 $21,614.55 53 DUCTILE IRON PIPE,CLASS 52,CEMENT LINED 4" LN FT 10 $2,575.00 5 15 $257.50 $3,862.50 54 DUCTILE IRON PIPE,CLASS 52,CEMENT LINED 6" LN FT 10 $2,575.00 55 65 $257.50 $16,737.50 55 DUCTILE IRON PIPE,CLASS 52,CEMENT LINED 8" LN FT 2890 $53,580.60 33 2857 $18.54 $52,968.78 56 VALVE VAULT 5'DIAMETER TYPE 1 FRAME CLOSED LID EACH 11 $12,463.00 3 14 $1,133.00 $15,862.00 57 GATE VALVE,8" EACH 1 $360.50 1 $360.50 $360.50 58 FIRE HYDRANT EACH 4 $5,356.00 4 $1,339.00 $5,356.00 59 PRESSURE CONNECTION EACH 11 $22,660.00 12 $2,060.00 $24,720.00 60 WATER SERVICES NEAR SIDE EACH 27 $11,124.00 1 26 $412.00 $10,712.00 61 WATER SERVICES FAR SIDE EACH 35 $23,432.50 3 38 $669.50 $25,441.00 ---- -- - ---------------------------------------------------------- TOTALS * $3,256,207.10 $3,524,338.83 *This total reflects quantity changes included in Change Orders#1 UNIT MISCELLANEOUS EXTRAS AND CREDITS QUANTITY PRICE VALUE CHANGE ORDER#1,JUNE 24,1993 62. 2'DIA TYPE"C"CATCH BASIN EACH 15 $681.25 $10,218.75 63. 6"DIA PVC SANITARY SEWER LN FT 687 $29.98 $20,596.26 64. STRUCTURE RECONSTRUCTION EACH 60 $550.00 $33,000.00 65. FRAME&GRATE,TYPE I EACH 52 $150.00 $7,800.00 66. DUST CONTROL UNIT 15 $13.00 $195.00 CHANGE ORDER#2,AUGUST 25,1993 67. 5'DIA SANITARY MANHOLE EACH 3 $1,700.00 $5,100.00 68. UNSUITABLE SOIL REMOVAL&REPLACEMENT CU YD 8452 $29.00 $245,108.00 69. 8"CONCRETE PATCH SQ YD 36 $20.00 $720.00 70. 10"ASPHALT PATCH SQ YD 379 $40.00 $15,160.00 CHANGE ORDER#3,DECEMBER 8,1993 71. PETROMAT SQ YD 3420 $1.06 $3,625.20 72. 6"X6"WOLMANIZED TIMBER TREE WELLS SQ FT 538 $23.00 $12,374.00 73. B-BOXES L SUM 1 $10,000.00 $10,000.00 74. 36'CONC PIPE RETURNED(PERFORATED) L SUM 1 $13,443.42 $13,443.42 75. CREDIT FOR RECYCLED BIT-MIX TON 18990 $1.50 ($28,485.00) 76. CREDIT FOR REDUCED THICKNESS OF C.C&G. L.F. 41398 $0.80 ($33,118.40) 77. DEDUCTION FOR WATERMAIN REPAIR L SUM 1 $3,187.67 ($3,187.67) 78. DEDUCTION FOR SIGN REPLACEMENT L SUM 1 $3,781.95 ($3,781.95) TOTAL MISCELLANEOUS EXTRAS AND CREDITS $308,767.61 TOTAL VALUE OF COMPLETED WORK $3,833,106.44 DEDUCT RETAINAGE(5%) $191,655.32 BALANCE DUE ON COMPLETED WORK $3,641,451.12 MISCELLANEOUS DEBITS VALUE PREVIOUS PAYMENTS PAYOUT NUMBER 1,APRIL 1,1993 $132,444.12 PAYOUT NUMBER 2,APRIL 22,1993 $229,183.05 PAYOUT NUMBER 3,MAY 4,1993 $132,102.64 PAYOUT NUMBER 4,JUNE 1,1993 $394,614.16 PAYOUT NUMBER 5,JULY 1,1993 $259,347.25 PAYOUT NUMBER 6,JULY 30,1993 $408,951.03 PAYOUT NUMBER 7,AUGUST 27,1993 $662,493.09 PAYOUT NUMBER 8,SEPTEMBER 30 1993 $530,583.63 PAYOUT NUMBER 9,OCTOBER 29,1993 $610,810.27 TOTAL MISCELLANEOUS DEBITS Ii PREVIOUS PAYMENTS $3,360,529.24 NET AMOUNT DUE $280,921.88 APPROVED DATED i.� _ 1993 PROJECT ENGINEER 7 APPROVED . L i '' J -' -.? DATED 12 -_ 7 ,1993 CITY ENGINEER r SINCE a 1925 > I3 INVOICE NO. 61330 ARROW ROAD CONSTRUCTI:7"J COMPANY 3401 SOUTH BUSSE ROAD • P.O. BOX 334 • MT. PROSPECT. ILLINOIS 60056 TELEPHONE 437-0700 SOLD TO City of Elgin LOCATION: Area II Street & Sewer Improvements 150 Dexter Court Elgin, IL 60120-5555 OUR JOG NO. EST.NO. CUSTOMER CONTRACT Oil PO NO. TERMS PICKED UP AT PLANT INVOICE DATE NET 10 DAYS 675 Partial 12/6/93 frr xt .r J°J `;. � .. { }�6s.,;, ,� J' wee.Ke • 41 'x "i ' 'f Ce �1 AI': i a'"r d z:-:: # !T d5 ; ¢ ..• f1 .t dz 4 ,` i . ' f�' yi r i - 1 - ��a aI�? �a.�r,,„ 'c;�:i »�^; ���, °>I,a r�` t,o` n'F� ` �.r � �" ° �Itr "��u'�.,� °G`:„ '� �` . ��" t'�nt, &hf ;,���'`tl , �:. Contract Work C'Tpleted To Date (See Attached) 3,833,106.44 Less: 5% Reten'_ion -191,655.32 3,641,451. 12 Less: Pay Request #1 -132,444,12 #2 -229,183.05 #3 -132,102.64 #4 -394,614. 16 #5 -259,347.25 #6 -408,951.03 #7 -662,493.09 #8 -530,583.63 #9 -610,810.27 Total This 1'. t: 280,921.88 A SERVICE CHARGE OF 1Y2% PER MONTH (18%PER ANNUM) FORM 101 2-83 WILL BE CHARr' ') ON ALL ACCOUNTS AFTER 30 DAYS PROJECT NAME AREA II STREET&SEWER IMPROVEMENTS JOB NO.: 675 CONTRACTOR CITY OF ELGIN DATE: CONTRACT NO. EST.NO.: EST UNIT > TOTAL: TOTAL•TO THIS EST COMPLETED'TICS EST TOTAI TO PA IE LINE ISt:WTIOIi UNIT > Q' Cx. ST COST :QTY COST QTY COST QT`S* COST 1. EARTH EXCAVATION CY 49,265 4.64 228,589.60 47,136 218,711.04 47,136 218,711.04 2. TRENCH BACKFILL CY 10,334 18.54 191,59236 9,175 170,10430 1,110 20,579.40 10,285 190,683.90 3. SUBBASE GRAN TN 4,387 12.12 53,170.44 5,995 72,659.40 590 7,150.80 6,585 79,810.20 MATERIAL TYPE B 4. TOPSOIL PLACEMENT SY 33,598 1.29 43,341.42 31,664 40,846.56 1,309 1,688.61 32,973 42,535.17 (4") 5. 12"AGGREGATE TN 6,635 7.97 52,880.95 6,615 52,721.55 (107) (852.79) 6,508 51,868.76 BASE CSE TYPE B 6. 8"AGGREGATE TN 34,619 8.77 303,608.63 30,865 270,686.05 371 3,253.67 31,236 273,939.72 BASE CSE TYPE B 7. 8"BITUMINOUS TN 4,227 30.24 127,824.48 8,000 241,920.00 208 6,289.92 8,208 248,209.92 BASE CSE 8. BITUMINOUS MATERIAL GAL 21,143 0.78 16,491.54 20,000 15,600.00 900 702.00 20,900 16,302.00 (PRIME COAT) 9. BITUMINOUS SURFACE TN 18,695 27.14 507,38230 19,000 515,660.00 1,608 43,641.12 20,608 559,301.12 PLANT MIX CL B MOD 10. RELOCATE WATER OR EA 10 2060.00 20,600.00 4 8,240.00 4 8,240.00 SLUDGE MAIN 11. 10"DIA RCCP SS LF 234 15.45 3,615.30 252 3,893.40 (1) (15.45) 251 3,877.95 TYPE 1 CL IV 12. 12"RCCP SS LF 2,864 16.48 47,198.72 2,875 47,380.00 82 1,351.36 2,957 48,731.36 TYPE 1 CL IV PROJECT NAME AREA II STREET&SEWER IMPROVEMENTS JOB NO.: 675 CONTRACTOR CITY OF ELGIN DATE: CONTRACT NO. EST.NO.: EST. UNIT TOTAL TOTAL TO THIS EST;: COMPLETED THIS:E . TOTAL TO.DATE L I)ESCRIPTIOI UNIT QTY COST.::::::-:-.. -:::::-:COST QTY - COST QTY COST QTY I..- COST 13. 15"RCCP SS LF 2,103 16.48 34,657.44 2,097 34,558.56 2,097 34,558.56 TYPE 1 CL IV 14. 15"RCCP SS LF 2,637 16.48 43,457.76 2,739 45,138.72 2,739 45,138.72 TYPE 2 CL III 15. 18"RCCP SS LF 70 28.84 2,018.80 71 2,047.64 71 2,047.64 TYPE 1 CL IV 16. 18"RCCP SS LF 1,150 18.54 21,321.00 1,156 21,432.24 1,156 21,432.24 TYPE 2 CL III 17. 21"RCCP SS LF 329 20.60 6,777.40 363 7,477.80 363 7,477.80 TYPE 1 CL IV 18. 21"RCCP SS LF 624 20.60 12,854.40 677 13,946.20 677 13,946.20 TYPE 2 CL III 19. 24"RCCP SS LF 1,346 23.69 31,886.74 1,165 27,598.85 1,165 27,598.85 TYPE 2 CL III 20. 27"RCCP SS LF 312 30.90 9,640.80 280 8,652.00 280 8,652.00 TYPE 1 CL IV 21. 27"RCCP SS LF 391 30.90 12,081.90 408 12,607.20 408 12,607.20 TYPE 2 CL III 22. 36"RCCP SS LF 1,717 39.14 67,203.38 1,128 44,149.92 1,128 44,149.92 TYPE 2 CL III 23. 42"RCCP SS LF 661 44.29 29,275.69 656 29,054.24 656 29,054.24 TYPE 2 CL III ' 24. 48"RCCP SS LF 1,243 51.50 64,014.50 1,222 62,933.00 1 51.50 1,223 62,984.50 TYPE 2 CL III PROJECT NAME AREA II STREET&SEWER IMPROVEMENTS JOB NO.: 675 CONTRACTOR CITY OF ELGIN DATE: CONTRACT NO. EST.NO.: EST L31' IT TOTAL: TOTAL TQ THIS ESTT COMPLETED THIS EST TOTAL;T'O DAATE LINE ESCRIPTION i NI`T"T `; QTY COST> C©ST QT'Y COST QTY COST QTY COST 25. 14"X 23"ELL RCCP LF 629 41.20 25,914.80 632 26,038.40 632 26,038.40 SSTY1CLIV 26. 8"DIA PVC LF 43 30.90 1,328.70 193 5,963.70 (4) (123.60) 189 5,840.10 SANITARY SEWER 27. 10"DIA PVC LF 245 36.05 8,832.25 258 9,300.90 258 9,300.90 SANITARY SEWER 28. 15"DIA PVC LF 6 309.00 1,854.00 6 1,854.00 6 1,854.00 SANITARY SEWER 29. MANHOLE SPECIAL EA 1 3914.00 3,914.00 1 3,914.00 1 3,914.00 NO. 1 30. 4'DIA EA 18 927.00 16,686.00 16 14,832.00 16 14,832.00 MANHOLE TY A 31. 5'DIA EA 46 1339.00 61,594.00 50 66,950.00 (1) (1,339.00) 49 65,611.00 MANHOLE TYPE A 32. 6'DIA EA 7 3090.00 21,630.00 9 27,810.00 9 27,810.00 MANHOLE TYPE A 33. 4'DIA CATCH BASIN EA 115 875.50 100,68250 98 85,799.00 98 85,799.00 TYPE A 34. 2'DIA INLET EA 2 515.00 1,030.00 3 1,545.00 3 1,545.00 TYPE A PROJECT NAME AREA II STREET&SEWER IMPROVEMENTS JOB NO.: 675 CONTRACTOR CITY OF ELGIN DATE: CONTRACT NO. EST.NO.: . EST:; LJI'STI'I' > ''ipTAI.; T�i'I"AL TES TFIIgEST.; t`t31�?�PLE 1IKI7!TINS 11S'T TbTAL TO I3h�TE LINE rES IP-VO i SNIT QTY:: COST COST< T Y O QTY COST Q:.I Y I OS I' 35. ADJUSTING FRAMES& EA 101 103.00 10,403.00 30 3,090.00 10 1,030.00 40 4,120.00 GRATES 36. CATCH BAS& DRYWELLS EA 41 103.00 4,223.00 40 4,120.00 3 309.00 43 4,429.00 TO BE FILLED WITH SAND 37. B6.18 COMB CURB LF 38,492 7.73 297,543.16 40,000 309,200.00 1,398 10,806.54 41,398 320,006.54 AND GU'1'1'ER 38. B6 BARRIER LF 414 8.76 3,626.64 420 3,679.20 420 3,679.20 CURB 39. DRIVEWAY PAVEMENT SY 1,148 2.32 2,663.36 3,000 6,960.00 (1,179) (2,735.28) 1,821 4,224.72 REMOVAL 40. COMB CURB AND LF 3,154 1.55 4,888.70 2,777 4,304.35 81 125.55 2,858 4,429.90 GU'FIER REMOVAL 41. SIDEWALK SF 52,485 0.30 15,745.50 52,485 15,745.50 69,758 20,927.40 122,243 36,672.90 REMOVAL 42. BITUMINOUS SURFACE SY 3,586 2.04 7,315.44 1,908 3,892.32 1,908 3,892.32 REMOVAL(COLD MILLING) 43. FIRE HYDRANTS TO EA 3 1545.00 4,635.00 3 4,635.00 3 4,635.00 BE MOVED 44. SODDING SY 33,297 2.42 80,578.74 31,164 75,416.88 1,809 4,377.78 32,973 79,794.66 45. TRAFFIC CONTROL LS 1 44476.43 44,476.43 0.90 40,028.79 0.10 4,447.64 1.00 44,476.43 46. MOBILIZATION LS 1 60358.00 60,358.00 1.00 60,358.00 1.00 60,358.00 - 47. SIDEWALK SF 54,134 2.26 122,342.84 117,000 264,420.00 6,892 15,575.92 123,892 279,995.92 PROJECT NAME AREA II STREET&SEWER IMPROVEMENTS JOB NO.: 675 CONTRACTOR CITY OF ELGIN DATE: CONTRACT NO. EST.NO.: EST> UNIT TOTAL TOTAL TO THIS EST:` CO PLE'IED THIS EST TOTAI TO I3:ATE . LINE DESCRIPTION i.NIT ; QTY> C. ST ! 'COST O1"Y COST QTY COS C Q`r" COST 48. DRIVEWAY SY 6,433 20.13 129,496.29 6,500.00 130,845.00 700 14,091.00 7,200.00 144,936.00 49. WATER MAIN LF 14 103.00 1,442.00 ENCASEMENT 50. ENGINEER'S FIELD LS 1 9270.00 9,270.00 0.90 8,343.00 0.10 927.00 1.00 9,270.00 OFFICE 51. UNDERGROUND LS 1 47380.00 47,380.00 0.50 23,690.00 0.50 23,690.00 1.00 47,380.00 LIFT STATION 52. 4"DUCTILE IRON LF 1,372 15.45 21,197.40 1,371 21,181.95 28 432.60 1,399 21,614.55 FORCE MAIN 53. DUCTILE IRON PIPE, LF 10 257.50 2,575.00 15 3,862.50 15 3,862.50 CL 52 CEMENT LINED 4" 54. DUCTILE IRON PIPE LF 10 257.50 2,575.00 65 16,737.50 65 16,737.50 CL 52 CEMENT LINED 6" 55. DUCTILE IRON PIPE LF 2,890 18.54 53,580.60 2,857 52,968.78 2,857 52,968.78 CL 52 CEMENT LINED 8" 56. VALVE VAULTS'DIA EA 11 1133.00 12,463.00 14 15,862.00 14 15,862.00 TYPE 1 FRAME CLOSED LID 57. GATE VALVE 8" EA 1 360.50 360.50 1 360.50 1 360.50 PROJECT NAME AREA II STREET&SEWER IMPROVEMENTS JOB NO.: 675 CONTRACTOR CITY OF ELGIN DATE: CONTRACT NO. EST.NO.: EST UNIT TOTAL. TOTAL T( THIS EST ': COMPLETED THIS EST TOTAI TO D 4TE LINE 3ESCRRIPTTON QNIT' Q` SST COST QTY CO QTY COST Q COST 58. FIRE HYDRANT EA 4 1339.00 5,356.00 4 5,356.00 4 5,356.00 59. PRESSURE EA 11 2060.00 22,660.00 12 24,720.00 12 24,720.00 CONNECTION 60. WATER SERVICES EA 27 412.00 11,124.00 25 10,300.00 1 412.00 26 10,712.00 NEAR SIDE 61. WATER SERVICES EA 35 669.50 23,432.50 38 25,441.00 38 25,441.00 FAR SIDE CHANGE ORDER#1: 63. TYPE C CATCH EA 8 681.25 5,450.00 14 9,537.50 1 681.25 15 10,218.75 BASIN 64. 6"DIA PVC LF 545 29.98 16,339.10 672 20,146.56 15 449.70 687 20,596.26 SANITARY SEWER 65. STRUCTURE EA 25 550.00 13,750.00 25 13,750.00 35 19,250.00 60 33,000.00 RECONSTRUCTION 66. FRAME AND GRATE TYPE 1 EA 52 150.00 7,800.00 52 7,800.00 52 7,800.00 67. DUST CONTROL UNIT 15 13.00 195.00 15.00 195.00 15 195.00 68. UNSUITABLE CY 4,500 29.00 130,500.00 5,049 146,421.00 3,403 98,687.00 8,452 245,108.00 REMOVAL& REPLACEMENT 69. 5'DIA SAN MANHOLE EA 3 1700.00 5,100.00 3 5,100.00 3 5,100.00 70. 8"CONCRETE PATCH SY 36 20.00 720.00 36 720.00 36 720.00 • •71. 10"ASPHALT PATCH SY 379 40.00 15,160.00 379 15,160.00 379 15,160.00 PROJECT NAME AREA II STREET&SEWER IMPROVEMENTS JOB NO.: 675 CONTRACTOR CITY OF ELGIN DATE: CONTRACT NO. EST.NO.: EST! NIT TO'T'AL; T()T 1L TO HIS EST COIVIPLE tFt)This EST TOTAL>TO DATE LINE DESCRIPTIf3N I NIT QTR': . ST COST' QT COST' QTY COST QTR COS`I' ;. 72. PETROMAT SY 3,420 1.06 3,625.20 3,420 3,625.20 3,420 3,625.20 73. 6"X 6"WOLMANIZED SF 538 23.00 12,374.00 538 12,374.00 538 12,374.00 TIMBER 74. B-BOXES LS 1 10000.00 10,000.00 1 10,000.00 1 10,000.00 75. 36"PERFORATED PIPE LS 1 13443.42 13,443.42 1 13,443.42 1 13,443.42 76. CREDIT FOR TN 18,990 -1.50 (28,485.00) 18,990 (28,485.00) 18,990 (28,485.00) RECYCLED BIT - MIX 77. CREDIT FOR REDUCED LF 41,398 -0.80 (33,118.40) 41,398 (33,118.40) 41,398 (33,118.40) THICKNESS OF CONCRETE CURB AND GU'1"1'ER 78. DEDUCTION FOR LS 1 -3187.67 (3,187.67) 1 (3,187.67) 1 (3,187.67) WATERMAIN REPAIR 79. DEDUCTION FOR SIGN LS 1 -3781.95 (3,781.95) 1 (3,781.95) 1 (3,781.95) REPLACEMENT 3,342,547.60 3,537,399.20 295,70724 3,833 r x • WAIVER OF LIEN TO DATE STATE OF ILLINOIS SS Gty# COUNTY OF Cook Loan# TO WHOM IT MAY CONCERN: WHEREAS the undersigned has been employed by City of Elgin to furnish Paving for the premises known as Area II Street & Sewer Improve rents of which Ci of Elvin is the owner. THE undersigned,for and in consideration of Two Hundred Eighty Thousand, Nine Hundred 1.t nty'-One and :4100 - - - - ($280,921.88 )Dollars,and other good and valuable considerations.the receipt whereof is hereby ackno wledged,do(es) hereby waive and release any and all lien or claim of,or right to,lien,under the statutes of the State of Illinois,relating to mechanics'lie s,with respect to and on said above-described premises, and the improvements thereon, and on the material, fixtures, apparatus or machinery furni.hed, and on the moneys,funds or other considerations due or to become due from the owner,on account of labor services,material,fixtures,appara us or machinery, furnished to this date by the undersigned for the above-described premises. Given under hand and seal this 7th day of December . 19 93 . Signature and Seal: !I_irif. NOTE:All waivers must be for the full amount paid.If waiver is for a corporation,corporate name should be used,corporate seal a fixed and title of officer signing waiver should be set forth;if waiver is for a partnership,the partnership name should be used,partner should sign and I esignate himself as partner. STATE OF ILLINOIS CONTRACTOR'S AFFIDAVIT SS COUNTY OF Cook TO WHOM IT MAY CONCERN: THE undersigned,being duly sworn,deposes and says that he is R. J. Rizzo Vice President of the Arrow Road Construction Co. who is the contractor for the work on the building located at - II Street & Sewer ii-.rovements owned by of E1!in That the total amount of the contract including extras is$ 3,833,106.44 on which he has re eived payment of $ 3,360,529.24 prior to this payment.That all waivers are true,correct and genuine and delivered uncon i itionally and that there is no claim either legal or equitable to defeat the validity of said waivers.That the following are the names of all parties who have urnished material or labor,or both, for said work and all parties having contracts or sub contracts for specific portions of said work or for materia entering into the construction thereof and the amount due or to become due to each,and that the items mentioned include all labor and material requi to complete said work according to plans and specifications: CONTRACT AMOUNT THIS II BALANCE NAMES WHAT FOR PRICE PAID PAYME DUE •. .,. • L.E.M. * 3 833 106.44360,529.24 280 921.MI 191 655.32 *All materials taken from fully paid stock .. , ; ,,,. t, ■ TOTAL LABOR AND MATERIAL TO COMPLETE 3 833 106.443,360,529.24 280 921 88 191 655.32 That there are no other contracts for said work outstanding,and that there is nothing due or to become due to any person for material,I=bor or other work of any kind done or to be done upon or in connection with said work other than above stated. Signed this 7th day of December , 19 93 u 4.1C "7 - ' CIAL SEAL" Subscribed and sworn to before me this , - .- . . d. of December , 19 93 Notary PubHO, State of Illinois F.I722 RI/89 My CommIssion Expires 8/4/94 STATE OF ILLINOIS ) SS COUNTY OF KANE ) NOTICE OF CLAIM FOR LIEN TO: Mr. Steve Pertzborn, City Engineer, City of Elgin, 150 Dexter Court, Elgin, Illinois 60120-5555 City of Elgin, George VanDeVoorde, Mayor, 150 Dexter Court, Elgin, Illinois 60120-5555 City of Elgin, City Clerk, 150 Dexter Court, Elgin, Illinois 60120-5555 City of Elgin, Street & Sewer Improvement, 150 Dexter Court, Elgin, Illinois 60120-5555 W. E. Healy, President, Arrow Road Construction Company, 3401 S. Busse Road, Mount Prospect, Illinois 60056 Harvey F. Cross, Vice President, Arrow Road Construction Company, 3401 S. Busse Road, Mount Prospect, Illinois 60056 National Surety Corporation, Bond #1113299-5439 , 200 West Monroe Street, Chicago, Illinois 60606 National Surety Corporation, Bond #1113299-5439, 777 San Marin Drive, Novato, California 94947 RE: Area II Street and Sewer Improvement Project, City of Elgin, County of Kane, Contract #675 The undersigned claimant, COUNTRYSIDE INDUSTRIES, INC. 29947 N. Rand Road, Wauconda, Illinois 60084 , by Alan T. Schencker of GRANT & SCHENCKER, attorneys and duly authorized agent, makes the following statements and claims a lien on any money, bonds or warrants due or to become due to the Contractor hereinafter described under a contract with the City of Elgin, under Section 23 , Chapter 82 of the Illinois Revised Statutes (Illinois Compiled Annotated Statutes) , as follows: 1. The City of Elgin had a contract with ARROW ROAD CONSTRUCTION COMPANY, as Contractor for various road repairs and the Contractor had a sub-contract with Claimant, COUNTRYSIDE INDUSTRIES, INC. , under and by which Claimant was to furnish labor and material for landscape work original and restoration, including but not limited to installation of top soil , and sod and watering in the total amount of $118, 580. 60 as set forth in the invoices attached hereto and made a part hereof as Exhibit "A" . Claimant began said work on September and did last work on ( intentionally left blank preparation for work pursuant to contract awarded) . 2 . Claimant has performed his sub-contract and has heretofore received the sum of received to date $0 leaving due to Claimant a balance of $118, 580. 60. 3 . No amount has been paid of the balance due upon such subcontract, although demand has been made therefor. Claimant now claims a lien upon all money, bonds or warrants due or to become due to the Contractor under the contract above described for the total sum of $118, 580. 60, being the total amount of materials and supplies furnished in connection therewith, less all payments heretofore made, and the Engineer of the City of Elgin, of the Department of Streets and Sewers is hereby notified to withhold payment to the Contractor of a sufficient amount to pay the amounts above described. COUNTRYSIDE INDUSTRIES, INC. BY: CLAIMANT Alan T. Schencker, Attorney and Agent for Claimant STATE OF ILLINOIS ) SS COUNTY OF COOK ) I, the undersigned, being duly sworn, state that I have read the above and foregoing instrument and know that the contents therein are true, in substance and in fact, based on information and belief supplied by Claimant. Alan T. Schencker Subscribed and Sworn to before me this day of December, 1993 . Notary Public THIS INSTRUMENT WAS PREPARED BY: Grant & Schencker Attorneys for Claimant 1161 Lake Cook Road Deerfield, Illinois 60015 Telephone: (708) 948-9551 Attorney #21939 CERTIFICATE OF SERVICE The undersigned hereby certifies that the within Notices of Claim for Lien has been duly served upon the City Engineer, City of Elgin,Mayor and City Clerk, National Surety Corporation and upon Mr. W.E. Healy, President and Mr. Harvey F. Cross, Vice President, of Arrow Road Construction Company, Inc. by enclosing a true and correct copy thereof in an envelope and depositing same in the United States Post Office at Westchester, Illinois, addressed as listed below on service list. On this day of December, 1993 . Service List Regular and CERTIFIED MAIL: City of Elgin Streets and Sewer Department 150 Dexter Court Elgin, Illinois 60120-5555 Mr. Steve Pertzborn Civil Engineer City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 City of Elgin Mr. George VanDeVoorde, Mayor 150 Dexter Court Elgin, Illinois 60120-5555 City of Elgin City Clerk 150 Dexter Court Elgin, Illinois 60120-5555 Mr. W.E. Healy, President Arrow Road Construction Company, Inc. 3401 South Busse Road Mount Prospect, Illinois 60056 Mr. Harvey F. Cross, Vice President Arrow Road Construction Company, Inc. 3401 South Busse Road Mount Prospect, Illinois 60056 National Surety Corporation Bond #1113299-5439 200 West Monroe Street Chicago, Illinois 60606 National Surety Corporation Bond #1113299-5439 777 San Marin Drive Novato, California 94947 lb/14/vi 14:34 a 708 526 9094 COUNTRYSIDE INDU P.02 Contractor's Job No. 675 SUBCONTRACT AGREEMENT THIS AGREEMENT made this 20t•day of November 0992 by ARROW ROAD CONSTRUCTION COMPANY(a Delaware corporation),P.O.Box 334,Mt.Prospect,Illinois,hereinafter called the Contractor.and Countryside Industries, Inc. of 29947 N. Rand goad, Wauconda, TL S0084 hereinafter called the Subcontractor. WITNESSETH:That the said Contractor and Subcontractor,in consideration of the mutual promises herein contained,do covenant and agree as follows: I.The Contractor has on the 5th day of November ,19 92 ,entered into a contract with the City of Elgin hereinafter called the Owner for the construction of certain work known as _ Axes II Street 6 Sewer Improvements whkh is hereinafter called the General Contract.The General Contract,as the term is used herein,also includes all documents appurtenant thereto including,but not limited to(I) plans,(2)specifications,(3)drawing,(4)general and special conditions,(3)addenda,and(6)any other documents made a part of the General Contract by the said Owner and/or its delegated agent.The General Contract is hereby made a part of this Agreement.The Subcontractor will adhere to and be bound by all the requirements of the General Contract. 2.By the means of this Agreement,the Subcontractor does agree to furnish,erect,and install all materials and perform all work and in every respect complete the following part of the Pro)ect,as defined by the General Contract hems at the Subcontract Unit Prices set forth herein.The Quantities,if any,are estimates.Payment hereunder shall be limited to the actual quantities of work installed and accepted by the Owner,as set forth on the Final Payment Estimate and/or Certificate constituting the basis for the Final Payment by the Owner to the Contractor. The Subcontractor shall perform,prosecute and complete,acceptable to the owner,the following work: Estimated Subcontract Item No. Quantity Description Unit Price Total 4 33,598 SY Topsoil Placement 4" = 1.25 44 33,297 SY Sodding 2.30 10/14/93 14: 35 a 708 526 9094 COUNTRYSIDE INDU R. 03 5.The Subcontractor acknowledges that the Subcontracts- has examined the site of the proposed work and is familiar le conditions surrounding same and(2)has ex- amined the plans and drawings and has studied,and is acquainted with,the requirements of the General Contract.The Subcontraiciot will perform and observe all obligations of the Contractor under the Genera!Contract relating to that portion of the work hereby sublet. 4.The Subcontractor understands and agrees that any decision,interpretation or determination or the said Owner and/or the said General Contract which shall be binding upon the Contractor,shall be binding also'on the Subcontractor. 3.The Subcontractor will promptly begin the work required of him hereunder within 48 hours of issuance of notice to proceed as verbally issued by the Contractor.and the Sub- contractor will diligently prosecute and complete the said work as rapidly as the Contractor shall judge that the progress of the work will permit,unless the Subcontractor is delayed by other subcontractors of the Contractor.other prime contractors of the Owner or the Owner.In the event the Subcontractor is delayed for these reasons,the Subcontractor will promptly notify the Contractor in writing,who(if satisfied that the delay is caused by other than the Subcontractor)will allow additional time sufficient in the Contractor's judge. ment to compensate for the time so lost.The Subcontractor hereby waives an claims against the Contractor for damages for any delay caused by any one whomsoever. The Subcontractor shall complete the several portions,and the whole of the work comprehended in this Agreement by and at the time or times hereinafter stated,to wit: Tha...wnr,hnt, st semi,-shat be--diligently,-coca nd-f-aith,fully- ---- t�sing-nw�ua.l-�rorkingr hours -t-im4],y--completion------------- ConaI . - . - . _ • . . --- -- - -- --- The Subcontractor agrees that the time allotted hereunder Is sufficient for the completion of his work.The Subcontractor acknowledges and agrees that any damages,penalties,or injuries sustained by the Contractor because of the failure of the Subcontractor to complete his work within the time and schedule herein allotted,will be reimbursed to the Contrac- tor by the Subcontractor.Failure of the Subcontractor to complete his work within the time and schedule herein allotted shall be conclusive evidence of the Subcontractor's respon- sibility to the Contractor for damages sustained.The responsibility of the Subcontractor hereunder shall not exceed his proportionate share of the total delay in completion of the Project,where such total delay in the Project's completion exceeds the time of delay actually attributable to the Subcontractor. 6.The Contractor will make partial payments to the Subcontractor from time to time for the work performed and the materials furnished by the Subcontractor.Such partial payments shall be made as monies are received by the Contractor from the Owner. It is further distinctly understood and agreed between Subcontractor and Contractor that no money shall be due and payable from Contractor to Subcontractor on account of this Contract until the Contractor has received such money so due from the Owner,and in the event that the Contractor rails to receive payment from the Owner then the Contractor shall not be obligated to pay the Subcontractor.In the event that Contractor receives only partial payment from the Owner.Contractor shall pay to Subcontractor only such proportion of the monies claimed owing to Subcontractor as the amount received by Contractor from Owner is to the total billed Owner by Contractor,but in no event shall Contractor be obligated to pay Subcontractor any sum that exceeds the value of Subcontractor's physical quantity of work for which Contractor has been paid by Owner. Prior to issuance of any payments by the Contractor to the Subcontractor,the Subcontractor shall furnish to the Contractor(in a form suitable to the Contractor)an application for the payment then due together with receipts,waivers of claim,and other evidence showing the Subcontractor's payments for materials,labor and other expense incurred in the subcontractor's work hereunder.The Contractor will at all times be entitled to retain ten per cent(10%)of all monies due and owing to the Subcontractor as a pan security for the faithful performance of this Agreement.This ten per cent(10194 so withheld will not be paid to the Subcontractor until thirty(30)days after final payment for all work performed hereunder has been made to the Contractor by the Owner,and the Owner has issued to the Contractor a final acceptance of the Project. The Contractor may withhold the whole or any pan of any payment due to the Subcontractor to the extent necessary to protect and indemnify the Contractor from loss on account of(a)defective work not remedied(b)claims filed or reasonable evidence indicating probable filing of claims,or(c)failure of the Subcontractor to make payments promptly for material or labor. The Subcontractor hereby authorizes the Contractor(1)to deduct from any amount due or becoming due the Subcontractor under this Agreement for all amounts owing from the Subcontractor to(a)the Contractor for backcharges or services furnished for the account of the Subcontractor,(b)the Contractor for damages sustained whether through negligence of the Subcontractor or through failure of the Subcontractor to act as may be otherwise detailed herein,(e)other materialmen,(d)other subcontractors,(e)laborers,and Mothers for services and materials furnished to the Subcontractor for the work performed under this Agreement and(2)to apply the amount so deducted to the payment of said materials,ser- vices,damages,or backcharges applying such monies so available In the order hereinbefore setforth. 7.The Contractor,without invalidating this Agreement,may make changes by altering,adding to,or deducting from the work to be performed.The value of any such changes will be determined as follows:(a)by the unit prices named in this Agreement,if possible;or(b)by agreement in writing between the Contractor and the Subcontractor as to the value of the work. In any event,the Subcontractor will keep and present,in any form as the Contractor may direct,a correct account of the net cost of any extra labor and materials, together with vouchers referring to the same. • If the Subcontractor claims or intends to claim(1)that any work to be done by the Subcontractor involves extra cost under this Agreement or(2)that the Subcontractor is entitled to payment for any extra work to be performed or extra materials to be delivered under this Agreement,the Subcontractor will give the Contractor written notice thereof before pro- ceeding to execute the work;the Subcontractor will be allowed payment for claims for extra work or materials only if and when said claims are allowed and paid by the Owner. 8.Subcontractor represents to Contractor that it is fully experienced and properly qualified as an expert to perform the class of work provided for herein,and that it is properly equipped,organised and financed to handle such work.Subcontractor shall finance its own operations hereunder,shall operate as an independent contractor and not as the agent of Contractor,and shall hold Contractor and Owner free and harmless from all liability,costs and charges by reason of any act or representations of Subcontractor,its agents or employees. The Subcontractor shall protect,defend,indemnify and hold harmless,the Contractor and the Owner,their officers,servants,employees and agents,against all liability,claims and demands of whatsoever kind or nature arising out of or connected with the performance of work by the Subcontractor,or In behalf of the Contractor and the Owner,or within the scope and nature of the work contemplated for construction hereunder by the Subcontractor,whether such injury,death,loss or damage shall have been occasioned by negligence of the Subcontractor,the subcontractor of the Subcontractor,or their employees,or otherwise.The Subcontractor will defend at his own expense any actions based thereon and shall pay all charges of attorneys and all costs and other expenses arising therefrom. Prior to commencing any work hereunder,the Subcontractor shall furnish to the Contractor a Certificate from his Insurance Carriers as evidence that he is properly covered with the insurance coverages in the amounts and/or limits not less than those prescribed below: —Workmen's Compensation Insurance:Statuatory Limits for the State in which the work is to be performed —Comprehensive Liability Limits:$500,000.00/1,000.000.00 —Property Damage Limits:$500,000.00/500,000.00 Comprehensive Liability,which also includes operations,completed operations,products,protective,contractual,and animals;and when applicable to the work performed, special notice that explosion,collapse,underground and subsurface hazards are included as covered. All certificates of insurance shall provide for a ten day notice of cancellation to the Contractor.The required insurance shall be maintained in force during the entire duration of this Agreement. 9.The Subcontractor win make all payments for taxes on the payrolls of all persons employed by the Subcontractor assessed,levied or due under any federal unemployment compensa- tion or Social Security Act or under any state unemployment compensation act or acts relating to persons employed by the Subcontractor.The Subcontractor will further assume and make payment of all taxes levied by any taxing authority or body on any work performed or material purchased,used or delivered by the Subcontractor under this Agreement. 10.The Subcontractor will obtain and pay for all permits and licenses and will give all notices,pay all fees and comply with all laws,ordinances,rules and regulations bearing on or In any way effecting the conduct of the work being performed by the Subcontractor and will save the Contractor harmless by reason of the violation by the Subcontractor of any laws, ordinances,rules and regulations. 11.All work shall be performed by Subcontractor in a neat,skillful and workmanlike manner and all materials furnished by Subcontractor shall be new and of the best description and quality of their respective kinds,unless otherwise specified and ordered by Contractor in writing.Alt work and for materials shall be subject to the inspection and approval of the Contractor.its engineers and representatives,and of the Owner,its engineers and representatives. Page 2 The Subcontractor will prosecute the work at all times in such a manner as the Contractor may regard as best calculated to coordinate with the work of the Contractor and subcon- tractors of the Contractor and other contractors engaged upon the work.The Subcontractor will immediately remove any employees of the Subcontractor objectionable to the Con- tractor,the Owner or other subcontractors. • Subtontrsctor shall.when furnished with a copy thereof,comply with and be bound by any labor agreements executed by Contractor and applicable to the work to be done hereunder.The wages paid by Subcontractor shall be of the same standard as those paid by Contractor,and shall be subject to its approval. The Subcontractor will confine the Subcontractor's apparatus.storage of materials and the operations of the Subcontractor's workmen to limits indicated by law,ordinances or permits or rules and regulations of any governmental authority exercising jurisdiction in the premises,The Subcontractor will not unreasonably encumber the premises upon which the Subcontractor's work is to be performed with materials and will not load or unload,and will not permit any part of any structure to be used,in such a manner as to endanger its safety or the safety of any person or persons or any property.The Subcontractor will at all times keep the premises upon and about which the Subcontractor is performing work free from accumulations of waste material or rubbish caused by the Subcontractor's employees or the Subcontractor's work.At the completion of the work the Subcontractor will remove all rubbish from and about the premises on and about which the Subcontractor has been working.The Subcontractor will protect the work and all materials and equipment therefor from damage by the elements,fire,vandalism,theft or other cause until the work is completed and accepted. 12.if(I)the Subcontractor neglects to prosecute the work being performed by the Subcontractor hereunder diligently and properly.or(2)the Subcontractor does not fully com- plete the work within the time named in this contract for its completion,or(3)the Subcontractor is adjudged a bankrupt,or(4)the Subcontractor makes a general assignment for the benefit of the Subcontractor's creditors,or(S)a receiver is appointed for the Subcontractor on the ground of insolvency,or(6)the Subcontractor repeatedly refuses or falls to supply enough proper skilled workmen or proper materials,or(7)the Subcontractor faits to make prompt payment for materials or labor,or(8)the Subcontractor persistently disregards laws or ordinances,or(9)the Subcontractor fails to perform any provision of this Agreement,then the Contractor may notify the Subcontractor to discontinue all work or any pan thereof under this Agreement and,after one day's written notice to the Subcontractor served upon the Subcontractor either personally or by leaving said notice at the Subcontractor's place of residence or business or with the Subcontractor's agent in charge of the work,may,without prejudice to any remedy the Contractor may have,enter upon the premises and make good any deficiencies which the Contractor regards as proper for the due performance of the work herein.In the performance thereof the Contractor(1)may take possession of and utilize such plants,machinery,equipment or materials as the Contractor finds upon the site of the work or as are being used in connnect ion with said work by the Subcontractor, allowing to the Subcontractor a reasonable amount for the cost of such material or the use of such plants,machinery and equipment at the reasonable market rate,and after giving credit for such allowance or allowances,(2)may deduct the cost of performance of said work from any amounts then or thereafter due the Subcontractor and(3)may recover from the Subcontractor any balance of the cost of performance of said work after application thereto of all amounts then or thereafter due the Subcontractor. 13.The assignment by the Subcontractor of this Agreement or any interest therein,or of any money due or to become due by reason of the terms hereof,without the written con- sent of the Contractor will be void. 14.The Subcontractor will not sublet this Agreement or any portion thereof without prior written consent of the Contractor.Such written consent,when and if granted,will not relieve the Subcontractor of any of his obligations hereunder. 15.This Agreement contains all of the terms of the agreement between the parties respecting the work,and all prior conversations and writings between the parties are merged herein.No contemporaneous or subsequent conversation or writing will have any force or effect to modify this Agreement unless reduced to a writing signed by an authorized representative of each party. 16.Notwithstanding the payment in full for the work hereunder the Subcontractor will be liable to repair or replace any imperfect workmanship or other faults during the same period for which the Contractor may be liable under the General Contract;and if the Subcontractor fails to repair or replace the imperfect workmanship or other faults,the Contrac- tor may do the work and recover from the Subcontractor the cost and expense thereof.No payment on account will be construed or considered as an approval of the work for which payment is made. l,LThe Subcontractor waives and rct; •• . .-- - ,,.,,,,,. a....., • ,work.Lrttaserials heretofore or herell heel against t • .t,' - • - -= • any a.joining or contiguouapraaslsesot agalnstsaL[uni due or to becomedueto Contras • ,'• s of this paragraph will extend to tigsu• aceorermeterh) ei pit workmen engaged or employed under or through the Subcontractor aalitericontract,both written'attd6t12, trectocor in the execution of the Subcontractoei work,will expressly so provide. 18.In the event of termination of the General Contract between the Contractor and the Owner this Agreement will also automatically terminate and the Contractor will be liable only for labor and material furnished prior to the date of receipt of notice of the termination. 197311lewrter his the right to approve or disapprove the Subcontractor and shim Subcontract Agreement.In the event that the Owner does not approve the Subcontractor ptfThis Ulland ro „, 20.The Subcontractor will indemnify and save harmless the Contractor from any and all manner of claims or suits for infringement of patents or violation of patent rights,in- cluding all costs and expenses to which the Contractor may be put in defending any actions that may arise under this clause of the Agreement. 21.The Subcontractor will so conduct his labor relations as not to involve the Contractor in strikes,boycotts,picketing,slowdowns,work stoppage,or other labor trouble. 22.Failure of the Contractor to enforce any provision of this Agreement will not be construed as a waiver thereof. 23.This Agreement will be binding upon and inure to the benefit of the respective heirs,legal representatives,successors and assigns(to the extent that it can be assigned)of the parties. 24.Service of any notice required hereunder shall be deemed to have been made when either party hereto shall have deposited such notice,with sufficient postage attached,in the United States Mail and addressed to the address hereinbefore setforth as the place of business of the parties hereto. - e 2$.Subcontractor shall furnish and pay for a surety bond in form attached hereto and with surety or sureties satisfactory to Contractor,guaranteeing the full performance of all tt the conditions and terms hereof and guaranteeing that Subcontractor will promptly pay for all labor,materials,supplies,tools,equipment and other charges or costs of Subcontractor the connection with the work.Such performance and payment bond shall be in the penal amount of 26.(iir a*R of arty dispute between the parties as to the interpretation of thisigreementor the performance of the Ba_ s"y may demand thas.alee-dispteta.ptattbrigue artitration.The demand shall be in writing,shall be served on the other party and -01 la 1 if rh .t+ur chosen by the party making the demand.Within 7 days after rec?t{pt o the demand.t arbitrator,by written notice served on the party making the demand.The two arbitrar_ .so4.omeb lLselect•third arbitrator.lisi *onion of any two arbitrators shall be binding and conclusive,shall be in writing and shall be a cor►dition precedent(o env right of legal action.In no case shall submission 81's tat• t bkration be a cause for delay or discontinuance of any part of the work.Each party'skatl"bT rlrtthe expense of its own arbitrator and the expense of the third arbitrate '1i d of mloalbtaMameolaisa•prties. 27.if at any time the Contractor,in his sole opinion,believes it is necessary to institute litigation to enforce the Contractor's rights against the Subcontractor hereunder she Suete cootracitl"3ftliTrpay all expenses incurred by the Contractor in the said litigation,secluding,but not limited to(t)attorney's fees,(2)court costs,(3)witness fees and(4)6t er general expenses of lit' a jpa together with interest on any monies recovered by the Contractor through such litigation at the rate of seven per cent per annum for the period beginning frpm theinception datcoftlie- ijiir eOmphined of in such litigation,through the date all monies have been paid to the Contyctor. 28.Whenever the requirements of the General Contract are such that as a prerequisite to receipt of payment,the Contractor must furnish the Owner with documentation of any nature whatsoever from the Subcontractor,and/or the Subcontractor's subcontractors and/or suppliers,the Subcontractor shall promptly furnish the Contractor with such required documentation.Whenever such documentation may constitute a waiver of claim against the Contractor and/or Owner by the Subcontractor,such document will be received by the Contractor in trust for the purpose of obtaining payment from the Owner;however,all monies so received by the Contractor shall be subject to the Contractor's right of deduction and backchargc for claims as herein otherwise stated. 29. In addition to the provisions of this Agreement as hereinbefore setforth,the following specific conditions shall also apply. Page 3 — •— = Jco 7V7, uury rcr7LLC INUU Special Conditions: EQUAL EMPLOYMENT OPPORTUNITY PROGRAM The Subcontractor warrants that he has developed and maintains an Affirmative Action Equal Employment Opportunity Program fully complying with the requirements of the General Contract and the requirements of the Federal Highway Administration,Bureau of Public Roads.The Subcontractor agrees to so conduct his operations as to preclude in his employment practices any discrimination because of race,creed,color,sex,age or national origin and that,insofar as his operations are concerned,he will independently of any ac- tion of the Contractor take all affirmative measures required of the Contractor by the General Contract to assure affirmative efforts towards effecting the employment of minority group labor. Such action shall include,but not be limited to the following:employment,upgrading,demotion or transfer;recruitment or recruitment advertising;layoff or termination;rates of pay or other forms of compensation;and selection for training including apprenticeship.Subcontractor agrees to post in conspicuous places,available to employees and applicants for employment,notices setting forth the provisions of this nondiscrimination clause.Subcontractor further agrees that this clause will be incorporated in all contracts entered into with suppliers of materials or services,and Subcontractors and all labor organization,furnishing skilled,unskilled and craft union skilled labor,or who may perform any such labor or services in connection with this contract. All State of Illinois Special Provisions made a part of General Contract are specifically incorporated as a physical part of this Subcontract Agreement.These provisions include but are not limited to certification of nonsegregated facilities,certification of Equal Employment Opportunity,Illinois Department of Transportation Form PR 1273,Executive Order 11246,Executive Order 11375,Illinois Fair Employment Practices Appendix A&B,and Minority Business Enterprise Policy. To demonstrate compliance the Subcontractors will furnish such reports and information as requested by the Arrow Road Construction Company. TRAFFIC CONTROL The following"Traffic Control"work shall be performed by the Subcontractor and the cost thereof&hall be deemed incidental to and included in his work hereunder: (a)All flagmen required to control and protect traffic and the public in the general area of the Subcontractor's work. (b)All temporary signs,barricades,and other required traffic protection and control devices required insofar as the Subcontractor's operations affect traffic and the general public in areas not otherwise occupied by the Contractor or his other subcontractors. All"Traffic Control"work shall be strictly in accordance with the requirements of the General Contract. CONSTRUCTION SAFETY AND HEALTH STANDARDS It is a condition of this contract,and shall be made a condition of each subcontract entered into pursuant to this contract,that the contractor and any subcontractor shall not re- quire any laborer or mechanic employed in performance of the contract to work in surroundings or under working conditions which are unsanitary,hazardous,or dangerous to his health or safety,as determined under construction safely and health standards(Title 29,Code of Federal Regulations,Part IS18—published in the Federal Register on April 7.1971) promulgated by the United States Secretary of Labor,in accordance with Section 107 of the Contract Work Hours and Safety Standards Act,(83 Stat•96). " 30.This document consist of 4 pages.It is executed in two counterparts,each of which is conclusive without accounting for the other. IN WITNESS WHEREOF,the parties hereto have executed this contract as of the day and year first above written. ARROW ROAD CONSTRUCTION COMPANY WITNESS DATE 11/20/93 General Contractor B .1 / A , A . F. Healy Title Vice President WITNESS DATE c-y�jr Subcontr cif or Cal Ealy4411 /-1943 By ROBERT ADFLIZ7. I PRESIDENT Title Page 4