Loading...
HomeMy WebLinkAbout11-176 Unsigned Resolution No. 11-176 RESOLUTION RATIFYING THE EXECUTION OF A CONTRACT COMPLETION AGREEMENT WITH ORANGE CRUSH, L.L.C. REGARDING WATERFORD SUBDIVISION-NEIGHBORHOOD 2 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that it hereby ratifies and approves the execution of a Contract Completion Agreement with Orange Crush, L.L.C. by David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, regarding the Waterford Subdivision-Neighborhood 2,a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: October 26, 2011 Adopted: October 26, 2011 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk • Fully executed agreement was never given to the City Clerk's Office Resolution No. 11-176 RESOLUTION RATIFYING THE EXECUTION OF A CONTRACT COMPLETION AGREEMENT WITH ORANGE CRUSH,L.L.C. REGARDING WATERFORD SUBDIVISION-NEIGHBORHOOD 2 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that it hereby ratifies and approves the execution of a Contract Completion Agreement with Orange Crush, L.L.C. by David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, regarding the Waterford Subdivision-Neighborhood 2,a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: October 26, 2011 Adopted: October 26, 2011 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk • Fully executed agreement was never given to the City Clerk's Office for:�- M of _" J ❑ Tele oned ❑ Returned your call ❑ Came in ❑ Will call again ❑ Please return the call ❑ See me Message----------------------------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------�-------------------------------- Phone: Date%aA Time By�_ \Vua � CONTRACT COMPLETION AGREEMENT WATERFORD SUBDIVISION—NEIGHBORHOOD 2 This Contract Completion Agreement for Neighborhood 2 in the Waterford Subdivision, Elgin, Illinois (the "N2 Completion Agreement" or "Agreement") is made and entered into this day of October, 2011, by and between the City of Elgin, Illinois ("Elgin") and Orange Crush, LLC (the "N2 Contractor"). RECITALS WHEREAS, Kimball Hill Homes, Inc. ("Kimball Hill") undertook to develop certain real property in Elgin, Illinois ("Elgin'), commonly known as the Waterford Subdivision, which Waterford Subdivision is divided into Neighborhoods for the purpose of development; WHEREAS, Kimball Hill has filed bankruptcy and has failed to complete the public improvements in Neighborhood 2 of the Waterford Subdivision ("Neighborhood 2"); and WHEREAS, City has caused Neighborhood 2 to be inspected and has identified certain priority punchlist items for the public improvements with respect to Neighborhood 2 to be corrected as set forth in the punchlist prepared by the City entitled "Waterford Subdivision - Neighborhood 2 Scope of Work - Priority Items Revised: 10/10/11" which is attached hereto as Exhibit 1 (the"N2 Punchlist"); and WHEREAS, the N2 Contractor has examined the N2 Punchlist; the site of the Work to be performed; the relevant plans and specifications; the Elgin Municipal Code and the requirements thereunder; and is familiar with the procedures required by Elgin for the completion and acceptance of the public improvements which are the subject of the N2 Punchlist;and WHEREAS, the N2 Contractor has agreed to complete the N2 Punchlist in accordance with the terms and conditions set forth herein. A G R E E M E N T NOW, THEREFORE, in consideration of the promises and covenants contained herein, including the above-stated Recitals which are incorporated herein by reference, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Elgin and the N2 Contractor agree as follows: 1. The N2 Contractor agrees to perform the work and supply the necessary materials to complete the N2 Punchlist and the public improvements in Waterford Neighborhood 2 which are the subject of the N2 Punchlist in accordance with the Engineering plans and specifications for the Waterford Subdivision 2, as prepared by Manhard Consulting dated 06/17/03 and last revised October 7, 2005, (hereinafter referred to as the "N2 Punchlist Work"). The N2 Punchlist Work shall also be performed in accordance with the Elgin Municipal Code, applicable regulations adopted by Elgin's engineering department including standard details, general notes and engineering and construction standards and specifications, and all other applicable requirements of law. The Standard General Conditions of the Construction Contract prepared by the Engineers Joint Contract Documents Committee, 1996 edition, shall apply to this Agreement and to the work to be performed pursuant to this Agreement (the "General Conditions"). In the event of any conflict between the terms of this Agreement, and the terms of such General Conditions, the terms of this Agreement shall supersede and control. 2. Elgin shall pay to the N2 Contractor the sum of$156,440.25 for completing the N2 Punchlist Work, which payments shall be made in accordance with the General Conditions. 3. The N2 Contractor shall warrant all of its work performed pursuant to this N2 Completion Agreement (the "N2 Warranty Work") for a period of one year from the date of Substantial Completion, as reasonably determined by Elgin's Engineers. For the purposes of clarification, and not as a limitation on the N2 Contractor's warranty, claims which are covered - 2 - and may be made by the City during the one year warranty period include, but are not limited to, claims for the failure of grass in restored areas or the failure of other landscaping installed by the N2 Contractor. 4. INTENTIONALLY OMITTED. 5. The N2 Contractor shall complete all of the work and improvements set forth in the N2 Punchlist in accordance with the following procedures: A. When the N2 Contractor has substantially completed the work, it shall deliver the following to Elgin's Engineers: as-built drawings of its work signed and sealed by an authorized professional engineer; storm sewer television testing results for repaired storm sewer sections; and a letter from Manhard Consulting as the design engineer (or such other engineer as is acceptable to Elgin) stating that all N2 Punchlist work has been completed in accordance with the approved plans and specifications. B. Elgin's Engineers will conduct a field review of the N2 Punchlist Work to identify any deficiencies or uncompleted items of work. These items, together with all deficiencies discovered upon a review of the above described as-built drawings or sewer tapes, will be compiled into a punchlist letter and forwarded to the N2 Contractor for completion or correction. C. When the N2 Contractor corrects any deficiencies and completes all the work, Elgin's Engineers shall review the completed work, which work will be approved if it is completed in accordance with the engineering plans and ordinances. If deficiencies remain, those will be identified. - 3 - D. After Elgin's Engineers have reviewed and approved the N2 Contractor's submitted as-built drawings, the N2 Contractor must submit as-built drawings in electronic format along with mylar copies of the approved as-built drawings. E. Final payment will be made to the N2 Contractor upon acceptance of the N2 Punchlist Work by Elgin. 6. The N2 Contractor shall commence the work to be performed pursuant to this Agreement no later than ten (10) days of the entry into this Agreement. The N2 Contractor shall substantially complete all of the N2 Punchlist Work for which it is responsible pursuant to this Agreement by November 30, 2011; and shall achieve final completion and acceptance by November 30, 2011. It is agreed and understood that N2 Contractor is required to water restored or disturbed areas or other landscaping as is necessary until the grass or other landscaping is viable. It is agreed that the further watering of restored areas or other landscaping to establish viability of grass or other landscaping shall in and of itself not preclude the determination of final completion provided, however, the N2 Contractor shall nonetheless continue with such further watering until the viability of the grass in restored areas or other landscaping is established. In the event of any conflict between these dates and dates elsewhere in the documents referred to in this Agreement, these dates shall prevail. Time is of the essence of this Agreement. 7. It is agreed that as reasonable liquidated damages for delay (but not as a penalty) the N2 Contractor shall pay Elgin $200 for each day beyond the time specified for Substantial Completion. After Substantial Completion, if the N2 Contractor shall neglect, refuse or fail to complete the remaining work within the time specified in this Agreement (hereinafter referred to as the "Agreement Times") or any proper extension thereof granted by Elgin, the N2 Contractor shall pay Elgin $200 for each day beyond the time for final completion. The N2 Contractor -4 - agrees and acknowledges that such liquidated damages constitute a reasonable estimate of Elgin's actual damages. Such liquidated damages shall constitute Elgin's sole recourse for and shall constitute full satisfaction of Elgin's actual damages resulting from the N2 Contractor's delay. The N2 Contractor further acknowledges and agrees that in the event any provisions in any of the other documents referred to in this Agreement conflict with the provisions of this paragraph or otherwise provide for damages resulting from the N2 Contractor's delay, the provisions of this paragraph shall control, and such conflicting provisions in any other documents referred to in this Agreement shall not constitute, and shall not be construed as, a basis by which to render the provisions of this paragraph unenforceable. 8. In the event the N2 Contractor is delayed in the prosecution and completion of the work to be performed pursuant to this Agreement or achievement of any of the Agreement Times because of any delays caused by Elgin or the Engineer or other causes beyond the control of the N2 Contractor ,the N2 Contractor shall have no claim against Elgin or the Engineer for damages or contract adjustment other than an extension of the Agreement Times as provided herein and the waiving of liquidated damages during the period occasioned by the delay. 9. Elgin shall make payment on the basis of the N2 Contractor's application for payment as recommended by the Engineer, in conformance with the City of Elgin's accounts payable schedule. All payments should be based upon the progress of the work measured by the schedules provided in the agreement documents. Notwithstanding anything to the contrary in any other documents referred to in this Agreement, Elgin shall be entitled to withhold any payments pending the submission of partial or full waivers of lien and/or certificates verifying the receipt of payment for all work performed by all subcontractors up to the date of the N2 Contractor's application for partial or final payment in Elgin's sole discretion. Elgin shall further - 5 - be entitled to make such payments directly to any subcontractor as may be necessary to obtain such lien waivers and/or certifications. In the event Elgin makes any such payments directly to any subcontractors, the amount of such payment shall be deducted from the total amount due the N2 Contractor pursuant to this Agreement; and the N2 Contractor shall provide a written release to Elgin in the amount of any such payments upon ten days written demand. Concurrent with all applications for payment, the N2 Contractor shall provide Elgin with a sworn certification of all work performed by all subcontractors and the amounts paid to all subcontractors as of the date of application. 10. Elgin may withhold, from all payments prior to Substantial Completion, an amount equal to ten percent (10%) of work completed, at Elgin's sole discretion. Upon Substantial Completion, Elgin may release a portion of the retainage to the N2 Contractor, retaining at all times an amount sufficient to cover the costs of the work remaining to be completed, at Elgin's sole discretion. Payment of any retainage from Elgin to the N2 Contractor shall not be unreasonably withheld. Elgin shall not be required to make final payment prior to completion and acceptance of all of the work by Elgin. 11. The N2 Contractor shall provide to Elgin a Performance Bond and a Payment Bond, each in the amount of the N2 Completion Payment, with respect to the work under the N2 Completion Agreement, which bonds shall be issued by a surety acceptable to Elgin (collectively the "N2 Completion Bonds"). The scope of coverage under N2 Completion Bonds shall also extend to the N2 Warranty Work. 12. The N2 Contractor shall also provide to Elgin the insurance as described in the supplemental conditions which is attached hereto as Exhibit 2 (the "Supplemental Conditions"). The N2 Contractor agrees that any third-party claims against the N2 Contractor and/or Elgin - 6 - shall be properly forwarded by the N2 Contractor to the N2 Contractor's insurance company for the appropriate resolution of said claims. Unresolved claims may affect/delay final payment hereunder. 13. The N2 Contractor shall take all necessary precautions for the protection of public and private property. This shall include the location and identification of property markers prior to and during construction. The N2 Contractor is responsible for the damage or destruction of property resulting from neglect, misconduct or omission in his manner or method of execution or non-execution of the work, or caused by defective work or the use of unsatisfactory materials and such responsibility shall not be released until the work has been completed and accepted and the requirements of these specifications complied with. Whenever public or private property is so damaged or destroyed, the N2 Contractor shall, at its expense, restore such property to a condition equal to that which existed prior to such damage or injury by repairing, rebuilding or replacing it as may be directed,or it shall otherwise make good such damage or destruction in an acceptable manner. If the N2 Contractor fails to do so, Elgin will withhold any payouts toward completed work until arrangements are made to correct any damage as described below. 14. The N2 Contractor shall comply with the Illinois Prevailing Wage Act, 820 ILCS 130/0.01, et seq., including, but not limited to, paying the prevailing wage as required therein and completing all necessary documentation and reporting requirements. 15. Notwithstanding any other provision of this N2 Completion Agreement, it is expressly agreed and understood that the N2 Contractor shall comply with all applicable Federal, State, City and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. N2 Contractor shall also at its expense secure all permits and licenses, pay all - 7- charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this Agreement. 16. The N2 Contractor represents it has made a reasonable inspection of the construction site and hereby voluntarily waives the incorporation of the provisions of 30 ILCS 557/1 et seq. and represents that the negotiated contract price is the sole consideration for the construction of the improvements described in this Completion Contract. Further, Elgin shall not be liable to the N2 Contractor for any amount of money over the negotiated contract price unless upon a duly executed change order prior to the work performed by the N2 Contractor. 17. The N2 Contractor shall be responsible for the proper handling and disposal of any construction or demolition debris removed from the construction site in accordance with Public Act 90-761, and other applicable requirements of law. The cost of the documentation, handling or disposal of any such construction or demolition debris shall be the responsibility of the N2 Contractor, which amount shall be included in the contract amount stated in Paragraph 2 above. Without limiting the foregoing, the N2 Contractor shall not conduct any generation, transportation, or recycling of construction or demolition debris, clean or general or uncontaminated soil generated during construction, remodeling, repair, and demolition of utilities, structures, and roads that is not comingled with any waste, without the maintenance of documentation identifying the hauler, generator, place of origin of the debris or soil, the weight or volume of the debris or soil, and the location, owner and operator of the facility where the debris or soil was transferred, disposed, recycled or treated. This documentation must be maintained by the N2 Contractor for three years. - 8 - 18. The terms of this agreement shall be severable. In the event any of the terms or provisions of this agreement are deemed to be void or otherwise unenforceable for any reasons, the remainder of this agreement shall remain in full force and effect. 19. This agreement shall not be construed so as to create a partnership,joint venture, employment or other agency relationship between parties. 20. This agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois. 21. No official, director, agent or employee of any party shall be charged personally or held contractually liable under any term or provision of this Agreement because of their execution,approval or attempted execution of this Agreement. 22. In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status, or the presence of any disability, unless based upon a bona fide occupational qualification. This requirement shall apply, but not be limited to: Employment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this agreement on the grounds of sex, race, color, creed, national origin, age except minimum age and retirement provisions, marital status or the presence of any disability. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, of the Agreement by Elgin. - 9- 23. To the fullest extent permitted by law, the N2 Contractor agrees to and shall indemnify, defend and hold harmless Elgin, the Engineer, Engineer's consultants and the officers, employees, boards and commissions of each and any of them from and against any and all claims, suits,judgments, costs, attorneys' fees, damages or any and all other relief or liability arising out of or resulting from or through, or alleged to arise out of, any negligent acts or omissions of N2 Contractor or N2 Contractor's officers, employees, agents or subcontractors in the performance of this Agreement, or arising out of or in connection with litigation based on any mechanic's lien or other claims, suits,judgments and/or demands for damages by subcontractors. In the event of any action against Elgin, its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel Elgin's choosing. In the event and to the extent that any legal work is performed by Elgin's in-house legal counsel pursuant to the provisions of this section,Elgin shall be reimbursed by N2 Contractor for such legal work at the rate of$200 per hour, which rate N2 Contractor hereby agrees and acknowledges to be a reasonable rate for such in-house attorneys' fees. The provisions of this paragraph shall survive any expiration and/or termination of this Agreement. 24. INTENTIONALLY OMITTED. 25. This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the prior written consent of the other parties. 26. The N2 Contractor shall also complete at the time of the execution of this Agreement additional agreement documents to include the City of Elgin, Illinois, certification requirements; City of Elgin, Illinois bidder's employee utilization form; City of Elgin, Illinois, - 10 - equal employment written commitment guidelines; City of Elgin, Illinois sexual harassment- policies and programs; City of Elgin, Illinois tax/collusion/debarment/prevailing wage/legal status of employees affidavit. 27. Any notice given under this Agreement shall be in writing and shall be deemed to have been given when hand-delivered or deposited in the U.S. mail, certified or registered, return receipt requested, postage pre-paid as follows: As to the City of Elgin: Ron Rudd, City Development Engineer 1900 Holmes Road Elgin, Illinois 60123 Telephone: (847)931-6081 E-mail: rudd_r @cityofelgin.org With a copy to: William A. Cogley,Corporation Counsel City of Elgin 150 Dexter Court Elgin, Illinois 60120 Telephone: (847)931-5659 E-mail: cogley_w @cityofelgin.org As to the N2 Contractor: Orange Crush, L.L.C. 321 Center Street Hillside, Illinois 60162 28. As a condition of this Agreement, the N2 Contractor shall have in place a written substance abuse program which meets or exceeds the program requirements in the Substance Abuse Prevention Public Works Act at 820 ILCS 265/1 et seq. A copy of such policy shall be provided to Elgin's Development Engineer prior to the entry and execution of this Agreement. 29. Notwithstanding anything to the contrary in this Agreement, with the sole exception of the monies Elgin has agreed to pay to the N2 Contractor pursuant to Paragraph 2 - 11 - hereof, no action shall be commenced by the N2 Contractor, any related persons or entities, and/or any of their successors and/or assigns, against Elgin for monetary damages. The provisions of this paragraph shall survive any expiration, completion and/or termination of this Agreement. 30. This Agreement is and shall be deemed and construed to be a joint and collective work product of Elgin and the N2 Contractor and, as such, this Agreement shall not be construed against any party, as the otherwise purported drafter of same, by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict, if any, of the terms and provisions contained herein. 31. The N2 Contractor hereby waives any and all claims to interest on money claimed to be due pursuant to this Agreement, and waives any and all rights to interest which it claims it may otherwise be entitled pursuant to law, including, but not limited to, the local government Prompt Payment Act, as amended (50 ILCS 5011, et seq.) or the Illinois Interest Act, as amended (815 ILCS 205/1, et seq.). 32. It is agreed and understood that the provisions of the Public Construction Contract Act (30 ILCS 557/1 et seq.) as amended, shall not apply to this Agreement or the work to be performed by the N2 Contractor pursuant to this Agreement. No claim whatsoever shall be allowed to the N2 Contractor for changes, extra work, or material not included in the payment to the N2 Contractor as provided for in Paragraph 2 hereof, based upon a claim relating to subsurface or latent physical conditions, or unknown physical conditions at the site. The N2 Contractor shall be responsible for making a careful examination of the site of proposed work, the contract documents, the specifications, general conditions, plans, special provisions, contract forms and the N2 Punchlist prior to entering into this Agreement. The N2 Contractor is - 12 - responsible for fully informing itself as to the quality and quantity of materials required and the character of work to be performed, including, but not limited to, any matters relating to subsurface or latent physical conditions, or unknown physical conditions at the site. The N2 Contractor shall further make an investigation of the site prior to entering into this Agreement. 33. This Agreement, the documents it incorporates and its attachments constitutes the entire Agreement between Elgin and the N2 Contractor on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment fully executed by the parties. Elgin and the N2 Contractor agree that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof,or change order as herein provided. 34. It is understood that this Agreement may be executed in counterparts by the parties hereto, and that electronically transmitted signatures shall have the same legal effort as original signatures. IN WITNESS WHEREOF,the undersigned have placed their signatures this day of October, 2011. ATTEST: CITY OF ELGIN, ILLINOIS By: By: Its Its Mayor N2CONTRACTOR By: Its President FJ.egal DeptAAgreement\Completion Agr-Waterford Sub-Nbad 2-Orange Crush.doc - 13 - i 3( ELGIN THE CITY IN THE SUBURBS' Waterford Subdivision—Neighborhood 2 Scope of Work—Priority Items Revised: 10/10/11 Listed below are the priority items the Contractor must complete prior to acceptance of the subdivision improvements. Please refer to the Proposed Improvement Plans prepared by Manhard Consulting LTD, Inc. dated June 17, 2003 with a latest revision date of October 7, 2005, Preliminary Landscape Plan prepared by Jeri Land Design dated July 19, 2002 and Park Plan prepared by Gary R. Weber Associates, Inc. dated October 4, 2004 with the latest revision date of August 1, 2006 and complete the items per the City Subdivision Ordinance, Engineering Standards and Proposed Improvement Plans. I. Record Drawings Once the final asphalt surface is installed on the roadways, the contractor must provide as-built center line elevations to the City for review and approval. The as- built information must be shown/incorporated into the Waterford Subdivision Record Drawing Plans prepared by Manhard Consulting. II. Soil and Erosion Control 1. Silt fence protection shall be removed from stabilized areas specifically any remaining for undeveloped lots 108, 109, 112, 115, 117 and 119 and within the open space and stormwater management areas. 2. Inlet filter protection is required around all rear yard storm were the surrounding area has not been stabilized, stake 4 straw bails and provide new fabric (26 structures). 3. Rework the existing rock check dam at the end of the pavement of Arye Drive. 4. All areas disturbed by the contractor must be restored utilizing topsoil/seed and blanket. If required,the contractor must water the restored areas until an adequate mat of grass is established. III. Grading and Drainage 1. There is excessive erosion of soil and rutting(up to 2' deep) along Arye Drive, the eroded soil is entering the storm sewer system and accumulating on the roadway by the intersection of Arye and Lismore Circle. The Contractor shall clean up the Arye Street ROW area(60' wide),remove and dispose of any debris, fine grade the ROW to fill in ruts/depressions and provide positive drainage from Exhibit 1 City of Elgin Waterford Subdivision—Neighborhood 2 October 10,2011 Page 2 of 8 the end of the existing pavement by the intersection of AryelLismore Circle for approximately 500' to the west. Once the area has been cleaned and fine graded, the disturbed area shall be stabilized utilizing an IDOT Class 2 seed mixture and fertilizer. The seeded areas shall then be covered with North American Green S 15013N straw blanket installed per IDOT specifications. Any watering required to obtain grass growth must be supplied by the Contractor and shall be considered incidental to the contract. This work shall include all materials, labor,equipment and incidental work necessary to complete the work and maintain the area until an adequate mat of vegetation is established and the City accepts the work. This work shall be paid for at the contract lump sum price for Erosion Repair- Ayre Street. 2. There is excessive erosion of Detention Pond C-1 by FES-2-28 and FES-2-1 that is close to undermining the bike path. The developer shall repair the erosion damage and re-stabilize the area with seed and blanket. 3. The following undeveloped lots must have 4" of topsoil installed in the right-of- way (ROW) and graded for positive drainage between the curb and sidewalk (to be installed by contractor). Class I A seed, fertilizer and blanket must be installed in the ROW for undeveloped lots 108, 109, 112, 115, 117 and 119. The contractor also must install topsoil slope from the top of sidewalk to the right-of- way line on the undeveloped lots. The topsoil slope must be stabilized utilizing Class IA seed, fertilizer and blanket. 4. The following undeveloped lots must have the right-of-way (ROW) graded for positive drainage from the top of curb to the right-of-way line. Class 1A seed, fertilizer and blanket must be installed in the ROW for undeveloped lots 82 through 92 and lot 107. IV. Landscaping 1. 2892 Kelly Drive has a Linden tree with a large trunk wound that must be removed and replaced. 2. Lismore Circle in the Open Space area requires 1 addition tree to be installed. 3. The following undeveloped lots do not have trees installed: Lots 107, 108, 109, 112, 115, 117, and 119. The missing shade trees on these lots must be installed as per approved engineering drawings and landscape plans (Jeri Land Design Plan dated July 19,2002)and the disturbed areas restored with topsoil and seed. V. Sanitary Sewer Improvements&Appurtenances City of Elgin Waterford Subdivision—Neighborhood 2 October 10,2011 Page 3 of 8 Sanitary sewer improvements were reviewed for compliance with the approved subdivision improvement plans, the Standard Specifications for Water and Sewer Main Construction in Illinois,and the City Code. 1. SMH-2J The manhole is misaligned. It must be realigned, the chimney seal replaced, and tested. 2. The following sections of sanitary sewer have deficiencies that must be addressed as instructed. a. SMH-2-G to SMH-2-E There is a sag in the pipe from 153'-155' from SMH-2-G, and this segment should be removed and replaced. Once this repair is made, the segment must be re-televised. 3. The locations of all sewer services to lots 108 through 120 in NH-2 must have an "S" inscribed into the concrete curb. Developer to install "S" in the curb by all sewer service locations. 4. The undeveloped lots 108, 109, 112, 115, 117 and 119 must have the 4" x 4" witness posts installed at the termination of the sanitary service lateral. The posts must be painted red and extend at least 36"above the ground. The developer must install the posts at all service locations on undeveloped lots. VI. Storm Sewer improvements&Appurtenances Storm sewer improvements were reviewed for compliance with the approved subdivision improvement plans, the Standard Specifications for Water and Sewer Main Construction in Illinois, the City Code. All defects and corrective work required as a result shall be re-televised prior to a subsequent field review. 1. CB-2-27D The filter fabric in the catch basin is damaged and the catch basin has debris in it. The filter fabric must be removed and replaced and the catch basin must be cleaned out. 2. DB-2-27F The filter fabric in the drain basin is damaged and must be removed and replaced. 3. DB-2-2H The filter fabric in the drain basin is damaged and must be removed and replaced. 4. FES-2-32 The flared-end section has debris in it, and must be cleaned out. 5. CB-2-15F The catch basin has debris in it, and must be cleaned out. 6. CB-2-15A The catch basin has debris in it,and must be cleaned out. 7. MH-2-13 The manhole has 4 adjusting rings, which is more than allowed by City Code. The frame must be properly adjusted to match the surrounding area using the allowed number of rings. City of Elgin Waterford Subdivision—Neighborhood 2 October 10,2011 Page 4 of 8 8. CB-2-10A The catch basin could not be opened for inspection. Developer must open and clean the catch basin and contact TAI for inspection. 9. MH-2-9 The manhole has debris in it and the rim is at the wrong elevation. The manhole must be cleaned out and the rim adjusted to grade. 10. The following sections of storm sewer have deficiencies identified by the TV testing results that must be corrected as instructed. a. DB-2-2H to DB-2-2F There is mud and debris in the first 5' of pipe from DB-2-2H. This segment must be cleaned out and re-televised. b. MH-2-9 to MH-2-8 The pipe is broken at the joint at 43.30' from MH-2-9, and this segment must be removed and replaced,then re-televised. c. MH-2-4 to Mf1-2-3 The video provided to TAI was underwater during filming. This segment must be re-televised. VII. Water Main Improvements&Appurtenances Water main improvements were reviewed for compliance with the approved subdivision improvement plans, the Standard Specifications for Water and Sewer Main Construction in Illinois, and the City Code. 1. All fire hydrants in the subdivision have experienced fading, chipped or flaking paint, rust spots and are considered unacceptable. Hydrants 2-19, 2-18, 2-16 and 2-17 must be sand blasted and repainted international orange with a Pen-Rust enamel paint or equivalent. 2. Hydrants 2-19, 2-18, 2-16 and 2-17 were difficult to operate. The contractor is to apply lubrication as specified by the manufacturer. 3. All fire hydrants in the subdivision still have the cap chains. These chains on hydrants 2-19, 2-18, 2-16 and 2-17 must be removed per the fire hydrant detail on sheet 37 of the approved engineering plans. 4. The following valve vaults were identified as deficient and require corrective action. a. VV-2-8 The valve vault rim is at the wrong elevation, and must be adjusted to grade. b. VV-2-6 The penetration for the pipe through the valve vault is not grouted, and must be grouted. City of Elgin Waterford Subdivision—Neighborhood 2 October 10,2011 Page 5 of 8 c. VV-2-7 The penetration for the pipe through the valve vault is not grouted, and must be grouted. 5. HYD- 2-19 Cannot locate the auxiliary valve and the hydrant is facing the wrong direction. Locate the valve, rotate the hydrant to face the street, and restore any disturbed areas with topsoil, seed and blanket. 6. HYD-2-18 Cannot locate the auxiliary valve and the hydrant is facing the wrong direction. Locate the valve, rotate the hydrant to face the street, and restore any disturbed areas with topsoil, seed and blanket. 7. HYD-2-16 The nozzle height is only 16", and the hydrant is facing the wrong direction. Raise the hydrant to the required elevation, rotate the hydrant to face the street, and restore any disturbed areas with topsoil,seed and blanket. 8. The undeveloped lots 108, 109, 112, 115, 117 and 119 must have the 4" x 4" witness posts installed at the termination of the water service. The posts must be painted blue and extend at least 36" above the ground. 9. The following water services were identified as deficient and require corrective action along Lismore Circle. Lot 115 Curb stop could not be keyed and curb stop lid is broken. Repair curb stop, replace the lid, and restore disturbed area with topsoil and seed. Lot 117 Curb stop could not be keyed and curb stop lid is missing. Repair curb stop, install the lid, and restore disturbed area with topsoil and seed. 10. The following water services were identified as deficient and require corrective action along Kelly Drive. 2897 Curb stop was located within the sidewalk. Relocate curb stop, and restore disturbed area with topsoil and seed. Lot 109 The curb stop lid is missing,and needs to be installed. Lot 108 The curb stop lid is missing, and needs to be installed. VIII. Street Signage In Neighborhood 2, the majority of the roadways have not been paved. The street signs at the intersection of Kelly Drive and Lismore Circle should be installed as per approved engineering drawings. City of Elgin Waterford Subdivision—Neighborhood 2 October 10,2011 Page 6 of 8 IX. Roadway Roadway improvements were reviewed for compliance with the approved subdivision improvement plans, the City Code, and the Standard Specifications for Road and Bridge Construction of the Illinois Department of Transportation. All defects and failures listed below must be corrected prior to placement of hot-mix asphalt surface course. 1. All the roadways (where binder course has been installed) in Neighborhood 2 must have the surface course of hot-mix asphalt installed by the developer. 2. All structures located in the pavement must be properly adjusted to the slope and grade of the surface course of asphalt. 3. The following sections of concrete curb and gutter at the addresses and locations provided were found to be deficient and in unacceptable condition. Each section of curb and gutter listed below must be removed and replaced utilizing full depth saw-cuts, dowel bars, and proper forming and finishing techniques in accordance with the Standard Specifications and City Code. a. Lismore Circle 541 13' 545 6' Lot 115 16' 549 13' b. Kelly Drive 2892 5' Lot 112 10' 2896 19' 2897 63' South of Lot 110 61' Lot 107-109 20' X. Sidewalk 1. The following sections of concrete sidewalk at the addresses and locations provided were found to be deficient and in unacceptable condition. Each section of sidewalk listed below must be removed and replaced utilizing proper forming and finishing techniques in accordance with the Standard Specifications and City Code. City of Elgin Waterford Subdivision—Neighborhood 2 October 10,2011 Page 7 of 8 a. Lismore Circle 545 50sf 549 25sf 2. The following undeveloped lots do not have sidewalks installed: Lots 107 (Kelly Drive Parkway), 108, 109, 112, 115, 117, 119 and parkway of open space south of lot 110. The sidewalks on these lots must be installed as per approved engineering drawings,and the disturbed areas restored with topsoil and seed. 3. The following sidewalks had handicap ramps that were found to be defective as per the current ADA Code. These areas must be removed and replaced utilizing proper forming and finishing techniques in accordance with the Standard Specifications and City Code. a. SW corner of the intersection of Lismore Circle and Kelly Drive — Sidewalk running East-West has a slope of about 10.2%. b. SE corner of the intersection of Lismore Circle and Kelly Drive — Install ramps. XI. Driveway Aprons I. The following driveway apron is damaged and must be removed and reconstructed at the following locations: 545 Lismore Circle XII. Traffic Control Once the final surface course of asphalt has been constructed, final pavement markings must be installed by the developer in accordance to the approved Engineering Plans. XIII. Acceptance by the City Council The acceptance of the required improvements shall be made only after all the items have been completed and all disturbed areas restored as provided in this scope of work. The following items must be provided to the City Engineer by the developer immediately after all of the abovementioned improvements have been completed. The remaining items shall be .submitted in one transmittal including a cover letter indicating the contents: Final Waivers of Lien—only from completion contractor City of Elgin Waterford Subdivision—Neighborhood 2 October 10,2011 Page 8of8 Maintenance Guarantee(1 year LOC or bond)—only from completion contractor Supplttornh!C;ondidoiss & Psi.These Condkicas tmtcnd ursopphancnt the Inwrmeettayuircments uml Label provi ioas of the Contract Ilncumants at intfieskd hanin: A11 provisions which w not so ormaded trrsuppicasemed rmoin in fun fora,and :iTect. Each pokey marl 1'ul the City as on addidond insured. The Otmrmclor told all Subansamtom tvaiva subrogation riglns aga'mst I!tt Csly forak Musts.Such insurance shell pply as pdmtlry insto ms lvhh 1Cpeet b any other irmarom a or sdf-fnsirronea pmgrantpfTordtg to da City atEIgj%Uweaholl be no aidorsement or modUiwion of such insrsanceto wake I[excess user otherovaflable iasruspm and ahenafim).irlht fasrrtance sheer that It Is osxess or pro ma,it shot to atdersesd to be psiensry Vol,sespees so the City of Eleia The imsrsmoom rcqutmd shall iadadt JI nt7porlftvisioe of coverage and shall be on a cumprehasi ve general basis axfudiagPrensi,00andOpmatiow(InahtdingX•C-t .Prothoe SandCumplamiOpermitxns,cold O\sncd.hoa-owned. Lcasedi and}Aired Motor ychieim Sgcb lmursna shah be.written tor not Im than snv limit:of 1ishinrytequirad by Aw ur the lbilnwiag limits,whichecar are prhtir. Consmenciat Liability General Agimpic S:Million Produtlt Cositplelcd Operairons AggregNe SI 7Atnsun Personal in)snyold Advcosising Limit 31 Uini,sn Eeoh0ocuiretice SI milliov Automotive-lbrdf comet,ann-nand,hfral and leased vehitdn Combined sinsk limit St•`.Gillian or Doday injury- tacos parson S500m each accident SI Million Property domset-rich oecsmance SI Mi"run Umbrrlb Combined tirtgk 6mh S2 N ilAun Outlaw jumple 52 Mfloion Worker's Compensation llotvmry SI M011an Employer sLiAaily SIdO.tYJO. Uhle is Rill: F NIA Im Contactor may purthua and trooligain access"Ali y insommen to the snhreka ksrm in txder 10 sotisl'y the limits of liability required Ibr the lienco ot'e to be prrtrhnsod 47A SMiosrirrcd In aeassdanta with the tsgoUMMta xs tbnlr above.Any suds amounts must be is odedfan of the umbresin lives squired,most fist oil wderlyint policies. and Most list the City as anaddhional Insured.Evidcn eof such exrss Intbiary shad tro rcltsered totAe Coy In the tome form and mmsrseras the spired I=ranm polkks, rho Cloy restnros the right,at its sole disererkill.to amend the lesoroacc mquircinam:mohm:41 herein. All insursn uc s)rdl lot written on on ucearenea besfs,vnloss the City ar'sptowee in ariiftA cocemse ono,eipirns•moan basis.Covarogtsvdtttherwriben nom ms occurrence b rxchims-malt:basis shall bemalaluimll without intmrup iron risen the date ofwotureaoemant of Urc Karl,until the dear ci,rrnal paysm st and wmimukr.of&•ruverope requited se be maim tined agar l;mi payment. C'uniliates of Insurance oceamsbk to list City and confrrmioa the it urz=euverage relu'ved heroin are loathed to Ow Contr+es.The Cnyslmll hove no oblipinn to exeeu+OY Goalmco and may awtrd tim Connact o the next lawcst rspemibh and respoosivableldrr.Ifsvb insmatre certificates!save mom bean prat idol to she Cry within fiivo (S)business days atirr prescnradnn ofihc Coatasa to the Ctmtraetor Lot vwxvuea. She Contractor shall furnish to the City topics of ally emhvsrmrns till sac subsequtntly sivW amending Nooks of cas•er-l;e. Exhibit 2 III'