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HomeMy WebLinkAbout85-0910 Arizona General r ; Y5- 0°1 (O REDEVELOPMENT CONTRACT THIS AGREEMENT made on or as of the day of September, 1985, by and between the CITY OF ELGIN, ILLINOIS, a Municipal Corporation (hereinafter referred to as the "City") , and ESTES HOMES, an Arizona General Partnership (hereinafter referred to as the "Developer") . WITNESSETH: WHEREAS, the City has undertaken a program for the redevelop- ment of certain property hereinafter described pursuant to Chapter 24 , Article 11, Division 74 .4 of the Illinois Revised Statutes known as the "Real Property Tax Increment Allocation Redevelopment Act" (hereinafter referred to as the "Tax Increment Act") ; and WHEREAS, pursuant to the provisions of the Tax Increment Act, the City has adopted a redevelopment plan and redevelopment project (hereinafter collectively referred to as the "Tax Increment Plan") and has designated a Redevelopment Project Area; and WHEREAS, Developer has an option to purchaser the real property containing approximately 11.7 acres and described on "Exhibit A" attached hereto and made a part hereof by reference (which property as so described is hereinafter referred to as the "Redevelopment Site") and which property is within said Redevelopment Project Area; and WHEREAS, in order to achieve the objectives set forth in the Tax Increment Plan, the City will issue its general obligation corporate purpose bonds (hereinafter referred to as the "Bonds") , the proceeds of f which will be used to finance a portion of the cost of constructing those certain public improvements (all of which public improvements qualify as "Redevelopment Project Costs" pursuant to the Tax Increment Act) described on Exhibit "B" attached hereto and made a part hereof by reference (which public improvements and the site improvements related thereto are hereinafter referred to as the "Redevelopment Project") together with certain related expenses, as a result of which the Developer is willing to purchase and redevelop the Redevelopment Site and serve as City's agent to contract with a Construction Contractor (s) for the construction and installation of said Redevelopment Project; and WHEREAS, the Redevelopment Project is related to certain "Redevelopment Improvements" which will consist of a commercial development containing several buildings with a total area of approximately 111,200 gross square feet of which buildings totalling 92, 500 gross square feet will be constructed by Developer as the initial phase; and WHEREAS, the City believes that construction of the Redevelopment Project on the Redevelopment Site pursuant to Tax Increment Plan is in the vital and best interest of the City and the health, safety, welfare and morals of its residents and in accordance with public purposes and the provisions of all applicable laws. NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereinafter set forth, each of them does hereby covenant and agree with the other as follows: 1 . The recitals set forth above are hereby specifically incorporated into this Contract. 2. REDEVELOPMENT PROJECT. Subject to all of the terms and conditions of this Contract and further subject to the adoption by the City of all ordinances and resolutions required to properly establish the Tax Increment Plan pursuant to the Tax Increment Act and the issuance of the Bonds, Developer agrees to be the Agent of the City and enter into those Contracts needed to cause to be constructed and installed for and on behalf of the City, a portion of the Redevelopment Project as shown on Part I and II of Exhibit "B" (the "Redevelopment Project Portion" ) for a sum not to exceed $737, 768 (which sum is subject to modification as hereinafter provided) to be paid by the City from proceeds of the Bonds in increments as herein- after provided. Payments shall be made by the City to the Construction Contractor (s) at the direction of the Developer on a periodic basis during the course of construction, but not more frequently than monthly, pursuant to and after Developer and Construction Contractor (s) have complied with the applicable requirements hereinafter set forth. To provide the funds needed to pay the cost of the Redevelopment Project Portion, City agrees to issue its Bonds pursuant to the Tax Increment Act but only upon acquisition by Developer, or a land trust of which Developer is the beneficiary, of fee simple title to the Redevelopment Site subject only to those matters set forth on Exhibit "C" attached hereto and made a part hereof by reference. 3. CONDITIONS PRECEDENT TO INITIAL PAYMENT. Prior to and as a condition of the initial payment for construction and installation of the Redevelopment Project Portion, unless waived by the City in writing, Developer and Construction Contractor (s) shall furnish to - 3 - ! � r the City, in form and substance satisfactory to the City, the following: (a) An updated Analysis ("project cost analysis") showing all projected costs incident to completion of the Redevelopment Project Portion; (b) Contracts and subcontracts covering the construction of the Redevelopment Project Portion. 4 . CONDITIONS PRECEDENT TO ALL PAYMENTS. Prior to and as a condition of each periodic payment for the construction and installation of the Redevelopment Project Portion unless waived by the City in writing, Developer and Construction Contractor shall furnish to the City, in form and substance satisfactory to the City, the following: (a) A request for advance duly executed setting forth the following : a detailed breakdown of the costs of each segment of construction showing the amount expended to date for such construction and the amount then due and unpaid; an estimate of the amount necessary to complete each segment of the construction; (b) A sworn contractor ' s statement and releases or waivers of lien from every contractor, subcon- tractor and material supplier who has done work or furnished materials for construction of the Redevelopment Project Portion covered by such requested payment; -4- w (c) A certificate satisfactory to the City by Planmark, Inc. (or such other architectural or engineering firm or individual approved by the City) certifying that the work covered by such request for advance has been properly done in accordance with plans and specifications and that the Construction Contractor is entitled to receive the payment requested; (d) The certificate of quantities and amounts set forth in Section 12 of this Contract. 5 . HOLDBACKS AND FINAL DISBURSEMENT. The City may hold back from Construction Contractor (s) a sum equal to 10% of the amount requested until completion of the Redevelopment Project Portion. All holdbacks shall be disbursed to the Construction Contractor (s) , provided they are not in default in the due, prompt and complete performance of all terms and conditions of this Contract, upon completion of the Redevelopment Project Portion. 6. CONSTRUCTION OF REDEVELOPMENT IMPROVEMENTS. Developer shall cause construction of the Redevelopment Improvements to be commenced and to be prosecuted with due diligence and in good faith without delay. Developer shall cause the Redevelopment Improvements to be constructed in a good and workmanlike manner in accordance with the Construction Plans ann the Final Site Plan approved by both parties and in all respects in compliance with all applicable -5- laws, rules, permits, requirements and regulations of all govern- mental agencies or authorities having or exercising jurisdiction over the Redevelopment Site or the Redevelopment Project and will not cause or permit any material deviations from the Plans without the written consent of the City. 7 . ASSESSMENT OF REDEVELOPMENT SITE. The City and the Developer agree that the Redevelopment Project and Site should be assessed for General Real Estate Taxes in the manner provided by Illinois Revised Statutes as they may be amended from time to time. This provision shall not be deemed to prevent the Developer from appealing or challenging assessments against the Redevelopment Project or Redevelopment Site which it considers to be contrary to law. The Developer agrees that as long as any Tax Increment Bonds are out- standing it and no person affiliated with it will do any of the following: (a) Seek to reduce the assessment of the Redevelopment Site below $1 ,408 , 386 upon completion of the Redevelopment Improvements and the achievement of a 90% occupancy level; or (b) Request a full or partial exemption from general real estate taxes; or (c) Request an assessment at a value not otherwise permitted by law. 8 . OBLIGATIONS OF THE CITY TO THE DEVELOPER. The City, without expense to the Developer, except as herein set forth, shall provide or secure or cause to be provided or secured the following : -6- (a) Improvements to National Street to be completed not later than June 30, 1986 . as described in "Exhibit D" attached hereto and made a Dart hereof by reference; (b) Access to water, sanitary and storm sewer lines at the property line of the Redevelopment Site of sufficient capacity to serve all of the contem- plated improvements and uses without charge of any nature except those customary tie-in charges customarily charged under comparable circumstances. 9 . DEDICATION OF TOWER COURT. If tendered, City agrees to accept a Deed or Plat of Dedication of Tower Court, a privately owned road lying West of and adjacent to the Redevelopment Site. Upon such acceptance, City agrees to maintain said street as a public way in the same manner and to the same standard as other public streets located in the City. The City may close said street to traffic if it is in the public interest and if a mutually agree- able means of ingress and egress is provided by the City. 10. OBLIGATIONS OF THE DEVELOPER. Because the City has undertaken substantial commitments for the redevelopment of the Redevelopment Site, the Developer covenants and warrants as follows: (a) Improvements to be constructed. Developer shall cause the construction of the Redevelopment Project Por- tion in a configuration substantially identical to that set forth in "Exhibit B" and pursuant to specifications -7- t separately approved by the parties hereto. Developer further agrees to construct the initial phase of the Redevelopment Improvements in accordance with the Site Plan, Construction Plans and Specifications separately approved by the parties hereto. (b) Schedule for Construction of Improvements. The construction of the improvements provided for in the Construction Plans for both the Redevelopment Project Portion and the initial phase of the Redevelopment Improvements shall be commenced on or before thirty (30) days after the City' s sale of the Bonds and shall be substantially completed within three hundred twenty (320) calendar days thereafter, unless delayed by litigation pertaining to the issuance and sale of the Bonds, strikes, casualty, unavailability of materials , force majeur or delayed by extreme and unusual weather conditions affecting construction. Once construction begins , Developer agrees to cause the completion of construction of the improvements pursuant to the approved Construction Plans and any approved modifications thereof to be diligently prosecuted subject to the parameters set forth herein. In no event shall the Redevelopment Project Portion fail to be completed by January 1, 2008 . (c) Compliance with Law. Developer agrees that con- struction of the Redevelopment Project Portion on the Redevelopment Site shall be in compliance - R - with applicable federal, state and local laws, regu- w lations and ordinances, including, without limitation, the Illinois Prevailing Wage and Preference to Citizens on Public Works Acts and the City' s Affirmative Action Ordinances. (d) Insurance. Developer agrees to cause the City to be named as an additional insured party on the insurance policy or policies issued to provide general liability, Workmen's Compensation and Builder' s Risk coverage for the Redevelopment Project Portion. Said policies shall be issued with limits or in amounts reasonably appropriate to the risks being insured and shall provide for not less than twenty (20) day notice in the event of cancellation. Developer shall provide City with either policies or certifi- cates thereof prior to commencement of construction of the Redevelopment Project Portion. 11. OUTSIDE TERMINATION DATE. Notwithstanding any provisions to the contrary contained anywhere in this Contract, in the event the Bonds have not been issued and sold by December 1, 1985, either party, upon fifteen (15) day written notice to the other party, may terminate this Redevelopment Contract. Upon the effective date of such termination, all of the obligations and rights of the parties hereto shall be null and void and of no further effect. 12. MODIFICATION TO CONTRACT PRICE. The parties acknow- ledge that of the total costs of the Redevelopment Project Portion to be paid from the proceeds of the Bonds of $737 ,768 , the sum of $221, 300 is attributable to the measurements of certain portions of the Redevelopment Project Portion as specified in g. Part II of Exhibit "B" , and is subject to variation or modification based upon actual field calculations of quantities and amounts during the course of construction. The calculations for such portions shall be verified and certified by an observer mutually agreeable to the parties hereto and an appropriate certificate by such observer shall accompany each request for a periodic payment during the course of construction. In the event the final cost attributable to said specified portions is less than $221, 300, the benefit of such saving shall inure to the City. In the event the final cost for said specified items exceeds $221, 300 , any cost in excess of $221, 300 shall be paid solely by Developer. Developer represents to City that $737 , 768 is the best estimate of the total • cost of the Redevelopment Project Portion as of the date hereof. 13. CERTIFICATE OF COMPLETION. Promptly after completion of the Redevelopment Project Portion in accordance with those provisions of this Contract related solely to the obligations of the Developer to cause the construction of said Redevelopment Project Portion (including the dates for beginning and completion thereof) , the City will furnish the Developer with an appropriate instrument so certifying such completion. Such certificate by the City shall be (and it shall be so provided in the certificate itself) a conclusive determination of satisfaction of the agreements and covenants in this Contract solely with respect to the obligations of the Developer to cause the construction of the Redevelopment Project Portion as herein agreed and no other provisions of this Contract. Such certification shall not constitute evidence that the Developer has complied with any applicable - 10 - f f provisions of federal, state and local laws, ordinances and regulations . If the City refuses or fails to provide any certification in accordance with the provisions of this Paragraph, the City shall within thirty (30) days after written request by the Developer provide the Developer with a written statement in- dicating in adequate detail in which respects the Developer has failed to cause the completion of the improvements in accordance with the provisions of this Contract and what measures or acts will be necessary in the opinion of the City for the Developer to take or perform in order to obtain such certification. Such certification as provided for herein shall not be unreasonably withheld by the City. 14 . APPROVAL OF TRANSFER OR ASSIGNMENT BY THE CITY. Until issuance of the Certificate of Completion as hereinabove provided, for so long as any of the Bonds issued by the City pursuant to the provisions of the Tax Increment Act and this Contract are outstanding, any transfer of all or any interest in the Redevelopment Site (including the beneficial interest under a land trust) or in this Contract, must receive the approval of the City, which approval shall not be unreasonably withheld. In determining any request by the Developer to transfer any interest in the Redevelopment Site or in this Contract, the City shall be entitled to require the following : (a) Any proposed transferee shall have financial responsibility adequate to fulfill the obligations undertaken by the Developer in this Contract. (b) It is the intent of this Section together with - 11 - all other provisions of this Contract that (to the fullest extent permitted by law and equity and excepting only in the manner and to the extent specifically provided otherwise in this Contract) no transfer of or change with respect to ownership in the Redevelopment Site or any part thereof or any interest therein, however consummated or occurring and whether voluntary or involuntary shall operate legally or practically to deprive or limit the City with respect to the Redevelop- ment Site and the construction of the improvements that the City would have had had there been no such transfer or change. (c) All instruments and legal documents involved and affecting any transfer from Developer to any transferee must be submitted to the City for review and if approved by the City, its approval may be indicated only in writing to the Developer. (d) In any event in the absence of specific written agreement by the City to the contrary, no transfer or approval by the City thereof shall be deemed to relieve the Developer or any other party bound in any way by this Contract or otherwise with respect to the construction of the improvements from any of their obligations with respect thereto as to the interest transferred. Notwithstanding any other provision of this Redevelopment Contract, so long as Developer or any general partner of Developer remains a general partner in a limited partnership formed for the - 12 - purpose of owning and developing the Redevelopment Site, prior approval from the City shall not be required before the Developer is authorized to transfer any interest in the real estate or the beneficial interest to such limited partnership. The Developer shall, in any event, notify the City of any such transfer of any interest (including the beneficial interest under a land trust) . 15. REMEDIES. Except as otherwise provided in this Contract, in the event of any default and/or breach of this Contract or any terms or conditions by either party hereto, such party shall upon written notice from the other proceed immediately to cure or remedy such default or breach and in any event within thirty (30) days after receipt of such notice. In case such action is not taken or not diligently pursued or the default or breach shall not be cured or remedied within a reasonable time, the aggrieved party may institute such proceedings as may be necessary or desirable in its opinion to cure and remedy such default or breach including but not limited to proceedings to compel specific performance by the party in default or breach of its obligations. The rights and remedies of the parties to this Contract whether provided by law or this Contract shall be cumulative and the exercise by either party of any one or more of such remedies shall not preclude the exercise by it at the same time or different times of any other remedies for the same default or breach by any other party. Any delay by any party in instituting or prosecuting any actions or proceedings or asserting its rights under this Contract shall not operate as a waiver of such rights in any way (it being the intent of this provision that such party should not be constrained so as to avoid the risk of being deprived of or limited in the exercise - 13 - of the remedies provided in this Contract because of the default involved) . Nor shall any waiver in fact made by any party with respect to any specific default by any other party under this Contract be treated as a waiver of rights with respect to any other defaults by the defaulting party under this Contract or with respect to the particular defaults except to the extent specifically waived in writing. 16. REMEDIES FOR NON-PAYMENT OF REAL ESTATE TAXES . In the event that real estate taxes for the Redevelopment Site are not paid within thirty (30) days from the date said taxes are due and owing during any time that the Bonds are outstanding during the term of the Tax Increment Plan, unless delayed pursuant to a valid contestment, the City may, at its option, bring such action or seek such remedies against Developer to enforce payment of such real estate taxes as is permitted under Illinois law. 17 . ENFORCED DELAY IN PERFORMANCE. Except as provided in Section 11 of this Contract, for the purpose of any other provisions of this Contract, neither the City nor the Developer as the case may be shall be considered in breach of or default in its obligations with respect to the preparation of the Redevelopment Site for redevelop- ment or the beginning and completion of construction of the improvements or progress with respect thereto in the event of forced delay of such performance of such obligations due to unforeseeable causes beyond its control and without its fault or negligence including, but not restricted to litigation pertaining to the issuance and sale of the Bonds, strikes, acts of God, acts of public enemy, acts of federal or state government, acts of the other party, fires, floods, epidemics, quarantine or restrictions , embargos and - 14 - delays due to weather conditions or delays of Construction Con- , tractors and subcontractors due to such causes, it being the purpose and intent of this provision that in the event of the occurrence of any such enforced delay, the time or times for performance of the obligations of the parties with respect to construction of the improvements shall be extended for the period of the enforced delay. 18 . ENTIRE AGREEMENT. The terms and conditions set forth in this Contract and its exhibits supersede all prior oral and written understandings and constitute the entire agreement between the City and the Developer. 19 . BINDING UPON SUCCESSORS IN INTEREST. This Contract shall be binding upon all the parties hereto and their respective heirs , successors, administrators, assigns or other successors in interest. 20. TITLES OF PARAGRAPHS. Titles of the several parts, para- graphs sections or articles of this Contract are inserted for con- venience of reference only and shall be disregarded in construing or interpreting any provision. 21. NOTICES. Notices hereunder shall be in writing and shall be served as follows : (a) by personal delivery; or (b) by certified mail, return receipt requested to the City at 150 Dexter Court, Elgin, Illinois , 60120, or to the Developer c/o Commercial/Industrial Division, 15650 North Black Canyon Highway, Phoenix, Arizona, 85069, with a copy to The Estes Co. , 221 East Walnut Street, Suite 220 , Pasadena, California, 91101, or to the last known address of either party or to the address provided by any assignee if such address has been given in writing . In the event said notice is mailed, the time of - 15 - service of such notice shall be deemed to be the time of delivery of said notice in the United States Post Office. 22. APPROVAL BY CITY. Whenever under the terms of this Redevelopment Contract the approval of City is required, the City Manager or acting City Manager is herewith designated as the individual to execute or grant such approval. IN WITNESS WHEREOF, this Contract is executed as of the date first written above. ESTES HOMES By: UTHORI ED REPR ENTATIVE CITY OF EL , ILLINOIS, a Municipal Corporation By: Its Mayor ATTEST: Its C ty Clerk k 1- (SEAL) e - 16 - EXHIBIT "A" THAT PART OF BLOCK I OF SHERMAN' S ADDITION TO ELGIN, DESCRIBED AS FOLLOWS : BEGINNING AT THE NORTH EAST CORNER OF SAID BLOCK I ; THENCE SOUTHWESTERLY ALONG THE NORTHERLY LINE OF SAID BLOCK I . A DISTANCE OF 574 . 53 FEET; THENCE SOUTHEASTERLY ALONG A LINE THAT FORMS AN ANGLE OF 91 DEGREES, 00 MINUTES, 0 SECONDS TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 915 .0 FEET; THENCE NORTHEASTERLY PARALLEL WITH THE NORTHERLY LINE OF SAID BLOCK I , A DISTANCE OF 323 . 86 FEET; THENCE NORTHWESTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE A DISTANCE OF 70.0 FEET; THENCE NORTHEASTERLY PARALLEL WITH SAID NORTHERLY LINE OF BLOCK I . A DISTANCE OF 250.0 FEET TO THE EASTERLY LINE OF SAID BLOCK I ; THENCE NORTHWESTERLY ALONG SAID EASTERLY LINE BEING ALONG A CURVE TO THE LEFT, A DISTANCE OF 846 . 5 FEET TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY. ILLINOIS . EXHIBIT "B" PART I The following described parts of that certain Proposal Form dated May 30, 1985, submitted by A.J. Maggio Co. , a copy of which is attached hereto and made a part hereof as Schedule #1, in relation to certain Project Drawings, Project Specifications and Room and Door Schedules, each entitled "Clock Tower Plaza, " National Street and Tower Court Drive, Elgin, Illinois, Project No. 1570. 0 and 1570.1 dated February 15, 1984 , and Addenda similarly entitled and numbered 1 and 2 , as prepared by Planmark Engineering Achitecture: SITEWORK Part A. EARTHWORK 01 Clear and Grub Site 03 Excavate and dispose offsite excess topsoil 04 Common excavation 05 Utility trench excavation 06 Excavate and dispose of existing footings 07 Disposal of excess common and utility trench excavations 08 Granular fill 09 Proofroll site Part B. SANITARY SEWER 01 8" E.S.V.C.P. 02 6" E.S.V.C.P. 03 4" D.C. I .P. 04 Manholes - Type A 05 4" Wye Service Connection 06 Trench Backfill I .D.O.T. FA6 Part C. WATER MAIN 01 10" D.C. I .P. , Class 52 02 8" D.C. I.P. , Class 52 03 6" D.C. I.P. , Class 53 04 2" Copper 05 Valve Vault with 10" Gate Valve 06 Valve Vault with 8" Gate Valve 07 Valve Vault with 6" Gate Valve 08 6" Gate Valve 09 2" Valve 10 Hydrants 11 Cast Iron Fittings 12 Connect to existing 10" watermain with 10" wet tap 13 Connect to existing 10" watermain with 8" wet tap -2- c ' 14 Connect to existing 10" watermain with 6" wet tap 15 Trench backfill - I .D.O.T. FA6 Part D. STORM SEWER 08 Trench Drain 165 ' Span 09 Trench Drain 155 ' Span PART II As described in letter dated June 13 , 1985, from R. Scott Harri P.E. , Planmark, To Roger Dahlstrom, City of Elgin, a copy of which is attached hereto and made a part hereof as Schedule #2 , payment for the construction of certain items set forth in Part I above, being : Part A. EARTHWORK - 03 , 05, 06, 07 , 08 . Part B. SANITARY SEWER - 06 . Part C. WATERMAIN - 15 . shall be based upon measurements made during the course of con- struction. The method of measurement and the basis of payment for such items shall be as set forth in Section 4 . 8 of Instruction to Bidders as contained in the Bidder ' s Package for the Redevelopment Project and the Redevelopment Improvements, a copy of which section -3- is attached hereto and made a part hereof as Schedule #3 . PART I I I (Improvements to be provided or secured by the City, the cost of which shall wholly or in part be paid from the proceeds of the Bonds. ) -4- S( HL LE- . - !MANURE TO: David Duhs GATE: May 30. 1985 Tyrus, Inc. 0257 E. Broadway Tucson, Arizona 05710 Dear Or. Duhs: Moving fully examined and reviewed all contents of the Bidder's Package. the Project Specifications, Room and Door Schedules. and the Project Drawings, each entitled 'Clock Tower ►laza•, Rational Street and Tower Court Drive, Elgin. Illinois, Project 01570.0 and 1570.1, dated February 1S, 1l0S. and Addenda similarly entitled and numbered 1 & 2 as prepared by ►LANMARK Engineering•Archltecture, and having visited the site and examined all conditions affecting the work, we hereby submit our proposal for a negotiated bid including General Mork, Demolotion. Paving. Site Utilities. Landscape Work, and Building. all as indicated to either the Project Drawings and/or the Project Specifications for the Stipulated Sum of Four Million , Eighty-Nine Thousand and No/100 S 4,069,000.00 BID TO INCLUDE THE FOLLOWING PARTS: SITEWORK PART A. EARTHWORK JTEM NO. • Items qualifying for T.I.F. — 01 .• Clear i grub Site Lump Sum: $ /%. , . .02- Excavate. stockpile 6 reuse topsoil: 1000 CY(C.V.)0 $ '- /CY(C.V.) S y — . 03-• Excavate g dispose offsite « • excess topsoil: 10,260 CY(L.V.)0 $ /CY(L.V.) $ 114•• Connon Excavation: 3000 CY(B.N.)0 $ �? /CY(B.M.) $ i'-: , • r OS ') Utility Trench Excavation: 5200 CY(B.M.)0 $ /CY(B.M.) $ ,?c ,. • Ai.. Excavate and dispose of , r Existing Footings: 4100 CY(L.V.)0 $ -"-' /CY(l.h.) _ ' �'�; • ' ' Disposal of excess common and utility 4/ te . trench excavations: 3450 CY(l.11.)0 $ / /CY(l.11.) $ _ ?l6 5—r •(7 -• granular Fill: S000 CY(L.V.)0 $ /c —/CY(L.11.) '(1 cT. ( C .• Proofroll Site: 43,000 SY 0 $ C. 9C /SY $ /7 j l i. ( C... SUBTOTAL PART A 0 • Yarm rPla:a i,- . Street and Tower Court Orly, J • tllUN01S • ,ect 01760.0 & 11750.1 , `'ye Two J SITEWORK ?ART I. SANITARY SEWER 01.• 0' E.S.V.C.P. 052 LF • S / I Ai $ /al.^l.?' . C r )•;- 02.• 6' E.S.V.C.P. 460 is • $, /( •-- nF $ '91- 7e , • 03.• 4' O.C.I.P. . 72 LF • S / 1 FLF $ ( ;,-- 04.• manholes - Type A 0 Each • $ /lc —/Ea. $ if ' '-' ;'(' ' • OS.* 4' Wye Service f r - - t Connection 3 Each • $ / '• —/Ea. i ^ -, , 06.' Trench Backfill e,; . - 1.0.0.T. FA 6: 3000 CY(C.V.)• ice '</CY(C.V.) $ . C ' ' SUBTOTAL PART B i -`, •' . •'/ ` PART C. WATER RAIN { Cl .' 10' 0.C.I.P., Class 52 107S LF • S , FLF s ./7 ••i ': ' • ' 02.• 0' O.C.I.►., Class S2 1220 LF • $ .' _' nF $ '. /-1 /- - ,:....1:03.• 6' O.C.I.►., Class S3 320 LF • $, /LF S • -- %. (. ,'-- 04.• 2° Copper 2S LF • 5 /LF S /- ' . r .OS.* Valve Valve Vault with 10' - Sate Valve: 3 Each I $ 06.• Valve Vault with i' :.: Site Valve: 3 Each I $, �; ("." - /Ea. $ c" -; c 07.11 Valve Vault with 6' late Valve: 3 Each • $ .44;2 :" /Ea. s •'r/ 'f . «; OS.• 6' Sate Valve : 0 Each • $ 4T1( As. $ -;l 6[ ' Cl,-- 0!.• 2' Valve : 1 Each • $,•' :Cella. $ / • '5 l Proposal Fors Clock Tower Plaza Nations Street and Tower Court Drive ' ELM. ILLINOIS : Project 01760.0 i $11$0.1 , Page Three i 1 SITEMORK TART C. MATER MAIN (Cont'd) 10.• Hydrants: • Each • Vic'? %Ea. ' $ //..z r C 11.• Cast Iron Fittings: 3BS0 lbs • $ % "- / /Ea. $ C/Ye• . • s 2. • 12.• Connect to Existing 10' Mater- �,- Via. S ,��r` (� main with 10' Met Tap: 2 Each • $ 13.• Connect to Existing 10' Mater- ._- main with I' Met Tap: 1 Each • $ -Z2(e /Ea. $ '-2 ( . (_( 14.• Connect to Existing 10' Mater- ,-7 .. win with 6' Met Tap: 1 Each • i-, C c,! /Ea. S •,.�r C : . r( 15.' Trench Backfill f nr �� �lCc' .. 1.0.0.T. FA 6 3400 CY(C.R.)• $ f /CY(C.V.) $ SUBTOTAL PART C $ /.�--)' ; -. .! - TART O. &TORN SEVER 01. IS' R.C.►.. Class III 25 LF I :=/LF $ •;'c• -2. 's",-- 02. 12' R.C.►., Class III 311S LF • $ 71 AS- OZ. /LF $ %•-tc'4. .` S e. 03. 10' C.P.. Class II 335 LF • $ /C /LF $ •5'(. s/. ,-5 7.- 4.- 04. Manholes - Type A 6 Each • $ i''(tf. - /Ea. $ -' ,7(• c .. C.' OS. Catch Basin - Type A 17 Each • $ 75 C — /Ea. $ /1.7 -C . (( 06. Catch Basin - Type C 4 Each I $ 4:5 --'-/Ea. $ 'e<e-"r . c r PT 07. Restrlctor, 1011 i MH4 2 Each 0 $ l`"SG- /Ea. $ /5Cr. re OS.* Trench Drain 165'Span 3 Each • $ S'9C►o cr/Ea. $ 9 c '_ Cyr'. c•r OB.• Trench Drain 1SS'Span 3 Each • $:-;3( .- /Ea. ' ; S 52,4('(• Cl' 10. Trench Backfill �'z. I.B.O.T. FA 6: 3000 CY(C.V.)• $ C. /CY(C.R.) $.,22 'c . r:' SUBTOTAL PART • $ //.'7l(C, l . ► r • Q,G sal fore slack TOW Plaza Mtions Street and Tower Court Drive WIN, ILLINOIS project /1750.0 S 01750.1 Page four SITEWORK ?ART L /AYIN6. S10E14ALSL CURB & $UTTER AND IISCELLANEOUS ITEMS 01. 1' Bituminous Surface Course. �S�Y = /��c�SQG I.$.O.T. J3— I, Mtx C: 12.220 SY • :, 02. 2' Bituminous Surface Course, 19.470 SY • $ .���/SY $ ;�e/c S. SC• I.B.O.T. CL. I. m x C: 03. 2' Bituminous Binder Course. -lC f jC;� C 1.0.0.7. CL. I, Mix I: 12,220 SY • I -� i/SY $ 04. Aggregate Base Course, � 1.0.0.T. Type A: 15,300 Tons • $, k Sn./Tn f / ? c ? . Cc' 05. Concrete Barrier Curb and Sutter: 4.450 Lf • $ Al $ 4C cj?-• 06. Concrete Depressed Curb and Gutter: 320 Lf • $ /d /Lf $ .?-21 C'• C 07. 4' Concrete Sidewalk 6,250 SF • $ A / ' /SF $ c C 01. B' Concrete Driveway Aprons SS0 SY • $ /SY $ Cr- 0$. Remove Existing Curb G el- and Gutter: 320 Lf • $ e — /Lf $ r2.:� C •C r 10. Remove and Dispose Existing �C�/Sf _ ����, C•C Sidewalk: 4,250 SF • S 6• 11. Pavement and Parking Lot Striping: Lump Sure $ �.1�Sl`�, C 12. Relocate Existing Street Light ��- on Times Square Drive: Lump Sum $ C•C c •13. Brick Pavers 1,700 sr • $ .O6 /Sf S C6 SUBTOTAL PART 1 15V 7 / SCE • • sal Forte t Tower data _'R•1pstlona Strut and Tower Court Drive 9 0IN, ILLINOIS y• project 91750.0 & 91750.1 gage Five • SITEWORK • •• •- TOTAL ESTIMATED SASE SID FOR FARTS A, D, C. D, and E: $ ALTERNATES: (ALTERNATE #4) ,SANITARY SEWER S' PVC •S2 LF (Add/Deduct) VV PVC 410 LF (Add/Deduct) S /LF 4' PVC 72 LF (Add/Deduct) s /LF TOTAL ADD/DEDUCT FOR PVC SANITARY SEWER $ _e//7 STORM SEWER 15' PVC 2S LF (Add/Deduct) f Af 12' PVC 3.115 LF (Add/Deduct) i 1LF 10• PVC 33S LF (Add/Deduct) •TOTAL ADD/DEDUCT FOR PVC STORM SEWER PIPE ALTERNATE /4 g. All bituminous paving, concrete curbs, walks and landscaping for building pads A and S to be furnished by Others. 10. All concrete sidewalk along Times Square Drive to be removed and replaced to • original condition as needed for stility construction. 11. Brick paved areas at wing walls on Rational Street and Center Court to be provided by Site Contractor. See Sheet L-2 for details. @ . '. ' tf•.tata To wer root and Tower Coot 'rive on. ILLINOIS project 41750.0 & 01160.1 sge Six further propose, if direcyd by the Droner. to change Base Bid (Add or Deduct) amounts ♦. s follows: TERNATE 11: Paint Exterior Concrete Block vs. Integral Colored Block L Mortar: S LTERNATE A2: Wet, Wire Men from floor slabs `•-p— in the Retail Nees and walgreens: S LTERNATE 03: Substitute Epoq Floor finish (Stun hard l NRI) fee Quarry Tile in — `'z ironer's: S LTERNATE 04: Substitute PVC pipe and fittings for all Extertx Underground Storm and Sanitary Seder piping: S f� LTERNATE IS: Substitute PVC pipe and fittings for all Interlsr underfloor Storm and Sanitary ceder piping: S Ar' LTERNATE ,04: Delete fire low; and hydrant from. National Street thru Pad 'A' to N.M. Corner Wooten l shops: : z .TERNATE 17: Delete VCT ant substitute Terratto �`� �_ — 1a Grows Prams Finish ScheduleS • ELECTRICAL ALTERNATE E-1 EASE BID: Provide copper Conductors for all wiring in Retail Shops as specified in 1i050: LTERNATE E-1: Provide aluminum conductors for ,� feeders 100 AMP and larger in Retail Shops MI as specified in 1i0S0: S 1 Form 'Ili ' °ry." • C Tower Plata i Street and Tower Court Drive , ILLINOIS w ject g17S0.B i .17SO.1 Seven propose to contract with the sub-contractors for the stated amount of •: dollars: DART A - Sitework: Earthwork, Demolition, Site Utilities and ►aving: Amount of T.I.F Items: S/c 4G 7. 75-- Amount of non-T.I.F. Mount of Sub-Bid $ 1 K-7r��8. 00 PART S - Landscaping: Mount of Sub-Bid $ -� pC . C n PART C - Groner Supermarket: General, Mechanical, Electrical Construction Included: $ 7O// PART D - Walgreen Drugstore: General, Mechanical, Electrical Construction Included: _ -1707‘Fip G�4 PART E - Retail Shops: General, Mechanical, Electrical Construction Included: S �5'�: Q, n(1 PART F - Clock Tower Pylons Structure: General and Electrical Construction Included: $ � 7'S . oc. COMBINED BASE BID: Sitework, Landscaping, Gromer's Supermarket, Walgreen Drugstore, and Retail Shops (Parts A. S. C. D. E and F): _ () 9 CCC;. CC ROTE: Award of Contracted based on Combined Sid Basis. The undersigned has carefully examined the Instructions to Bidders, the General Conditions of the Contract. the Supplementary Conditions, the Project Drawings, and Project Specifications, and further, has carefully examined the Project Site of the proposed work. It Is agreed that this Bid may not be withdrawn for a period of sixty days after the date of the bid opening. The undersigned agrees that he will commence work immediately upon receipt of Contract or Letter of Intent. Estimated construction days to substantial completion: c.i2a n/.er - . Signed By: A. J. Maggio Co. (Firm) 567 West Algonquin Road (Address) tit. Pro ect, Illinois 60056 (Cit p (Sig re Fres ent (Title) cc• NEb►-' LE PI_It iMARK N1OJICT MANAO[MINT•lNOINll111M0•AIICMITICTURI June 13, 1985 Mr. Roger Dahlstrom, Director of Planning Department City of Elgin 150 Dexter Court Elgin, Illinois 60120 RE: CLOCK TOWER PLAZA ELGIN, ILLINOIS Project #1570.1 Dear Mr. Dahlstrom: As a result of our telephone conversation on Tuesday, June 11 , 1985, and a meeting with Mr. David Duhs of The Estes Co. today in our office, we have reviewed the eligible work activities associated with the tax increment financing for this project. The objective of our review is to estimate, as rationally as possible, the final quantities for this project. The basis for our analysis includes the available footprint of the original and revised factory as shown on Drawings R-4 and R-5, proposed building and utility improvements, and soils information. In addition, our engineering judgement based on past experience with construction of this nature played a significant role. To better assist you in evaluating the results of our analysis and judgement, the following item by item discussion corresponding to the proposal form is provided. Price data is from the low bid contractor. PART A - EARTHWORK 01 . Clean and Grub Site: This cost should remain unchanged. 02. Excavate, Stockpile and Re-use Topsoil : This is not a qualified T.I .F. work activity. 03. Excavate and Dispose Offsite Excess Topsoil : The bid quantity of 10,260 cubic years reflected removal of the top 6 inches over the entire site. We feel that an additional one inch (average) may occur. This results in an increase of 1 ,740 cubic yards and a cost increase of: 1 ,740 CY @ $4.50/CY $7,830 11840 VALLEY VIEW ROAD, EDEN PRAIRIE, MN 55344 • MAIL ADDRESS: BOX 1243, MINNEAPOLIS, MN 55440 • (612)828-4500 Mr. Roger Dahlstrom, Director of Planning Department CLOCK TOWER PLAZA ELGIN, ILLINOIS Project .1570.1 Page Two PART A - EARTHWORK (Cont'd) 04. Common Excavation: This quantity presumes that 3,000 cubic yards of soil can be excavated from one location on the site and placed and compacted in another location. We feel that the worst condition would result in zero quantity of suitable material but an increase in granular fill required in item 08. Therefore no cost increase is estimated for this item. 05. Utility Trench Excavation: The bid quantity of 5,200 cubic yards was based on a typical trench cross-section consisting of 1 to 2 side slopes and a three foot wide bottom. We feel the trench side slopes could become flatter to a 1 to 1 slope. This would result in an additional 800 cubic yards and a cost of: 800 CY @ $5.50/CY $4,400.00 06. Excavated and Dispose of Existing Footings: The bid quantity was based on total footing removal from within the proposed building footprint and at the intersections with all utility trenches. As one would presume, this was the most difficult to assess. In our judgement, we feel this quantity could likely double to 8,200 cubic yards. This may occur in the parking lot grading if the top of the existing foundation walls are above the proposed subgrade elevation. It is quite difficult to"shave" 6 or 8 inches from the top and would require complete removal . In addition, more footings may exist within the proposed building footprint than we have allowed for. The cost increase would be: 4,800 CY @ $13.00/CY $53,300.00 07. Disposal of Excess Common and Utility Trench Excavations: The bid quantity of 3,450 cubic yards has presumed a portion of the total trench excavation could be reused as fill in other locations of the site. In the event this material is unsuitable for reuse and Item 05. increases by 800 cubic yards, we feel the total increase in quantity and cost above the bid is as follows: 4,550 CY @ $9.00/CY . $40,950.00 08. Granular Fill : The original bid quantity of 5,000 cubic yards was estimated to be a combination of the reuse of existing excavated material from items 04. and 05. plus fill to raise the grade to the proposed elevations. The additional fill necessary should these presumption not materialize would result in a quantity increase of 5,000 cubic yards and a cost increase of: 5,000 CY @ $18.00/CY . $90,000.00 Mr. Roger Dahlstrom, Director of Planning Department _ . CLOCK TOWER PLAZA ELGIN, ILLINOIS Project .1570.1 Page Three PART A - EARTHWORK (Cont'd) 09. Proofroll Site: This quantity should remain unchanged. PART B - SANITARY SEWER 01 . - 05. These items should remain unchanged. 06. Trench Backfill : If the trench cross-section becomes larger as described in PART A, Item 05. , an additional 1 ,000 cubic yards will be necessary with a corresponding cost increase of: 1 ,000 CY @ $9.00/CY = $9,000.00 PART C - WATERMAIN 01 . - 14. These items remain unchanged. 15. Trench Backfill : If the trench cross-section becomes larger as described in PART A, Item 05. , an additional 1 ,100 cubic yards will be necessary with a corresponding cost increase of: 1 ,100 CY @ $9.00/CY $9,900.00 This concludes the item by item explanation of the potential quantity increases to the work activities related to the T.I.F. The total cost increase is best summarized as follows: TOTAL OF PREVIOUS ITEMS: $215,380 ,215 35SO. 00 4% Markup by General Contractor: $ 8,615 ' (O qi5 'a O TOTAL COST INCREASE: $223,995 a�3 • l95•� We trust this explanation is to your satisfaction. We will be glad to discuss any specific item at your convenience. Sincerely, PeaAmi R. Scott Harri , P.E. Senior Project Engineer cc: Mr David Duhs Mr. Nick Mazanyi RSH:kb 4372R DCutbvLL 3 • ' INSTRUCTIONS TO BIDDERS 4. BIDDING PROCEDURE (Cont'd) 4.7 FORMAT OF BID: (Cont'd) Part D - Sitework - Including: For the following, using the Unit Price Lump Sum Basis, quantities will be monitored by Owner's Representative. e. Utilities - 5'-0" beyond building line f. Concrete Work (walks, curbs, and approaches beyond curb line at sidewalk) g. Site Grading 4.8 SITEWORK METHOD OF MEASUREMENT, BASIS OF PAYMENT: PART A. EARTHWORK 01 . CLEARING AND GRUBBING Clearing and grubbing will be paid for on the basis of the contract lump sum basis. This price shall include stump removal , and disposal of tree stumps and brush in a manner acceptable to the Engineer, the City codes, and state air pollution requirements. 02. EXCAVATE, STOCKPILE AND REUSE TOPSOIL Excavate, stockpile and reuse topsoil will be paid on the basis of the contract unit price bid per cubic yard, compacted volume (C.V.) . This price shall be compensation for all excavation, stockpiling, placing and compacting in designated landscaped areas. The estimated quantity in the proposal is based on a depth of topsoil placed of 6 inches. 03. EXCAVATE AND DISPOSE OFFSITE EXCESS TOPSOIL This quantity shall be measured as loose volume (L.V.) in trucks as the material leaves the site and shall be paid for at the contract price per cubic yard (L.V.) . The top 6' of the site have been • estimated for removal . 04. COMMON EXCAVATION Common excavation shall be measured by plan quantity. 4000 C.Y. were calculated after allowance for six inches of topsoil removal. It was assumed that 75 percent of this quantity could be reused with the remainder disposed of offsite. The actual quantity for payment will be determined by the amount hauled offsite subtracted from 4000 C.Y. Payment will be made at the contract unit price per cubic yard, bank measure (B.M.) and shall include excavation, transport, placing and compacting. 183/1570.0 " INSTRUCTIONS TO BIDDERS 4. BIDDING PROCEDURE (Cont'd) 4.8 SITEWORK METHOD OF MEASUREMENT, BASIS OF PAYMENT: PART A. EARTHWORK (Cont'd) 05. UTILITY TRENCH EXCAVATION Utility trench excavation will be measured by determining the actual volume excavated based on the width and depth of each trench. The total estimated excavation quantity for sanitary sewer, storm sewer and water main trenching is 9935 CY (B.M.) . It has been assumed that 75% can be reused as fill or trench backfill with the remainder removed from the site. Payment on the basis of the contract price per cubic yeard (B.M.) will be compensation for excavating, hauling to another location on the site, placing and compacting. 06. EXCAVATE AND DISPOSE EXISTING FOOTINGS This work shall be paid for at the contract bid price per cubic yard (L.V.) as measured in trucks leaving the site and shall be compensation for excavating, footing demolition, loading and hauling offsite. It has been assumed that all existing footings beneath the proposed building footprints shall be completely removed, one half of all existing footings in paved areas shall be removed and three feet in width at the intersection of all underground utility lines. 07. DISPOSAL OF EXCESS MATERIAL Disposal of excess excavated common and utility trench excavations not deemed suitable for placement on the job shall be measured by truck count as they leave the site. Payment shall be at the contract unit price bid per cubic yard (L.V.) and shall be compensation for excavation, loading and hauling offsite. 08. GRANULAR FILL Granular fill will be measured by truck count as trucks arrive on the site. Payment shall be at the contract price per cubic yard (L.V.) and compensation shall include furnishing, placing and compacting material. 09. PROOFROLL SITE Proofrolling will be measured by the square yard and paid for at the contract bid price per square yard. Compensation shall include compactor passes and all fine grading necessary to achieve surface densification. 183/1570.0 ' INSTRUCTIONS TO BIDDERS 4. BIDDING PROCEDURE (Cont'd) 4.8 SITEWORK METHOD OF MEASUREMENT, BASIS OF PAYMENT: PART B SANITARY SEWER 01 . - 03. SEWER PIPE Sewer pipe in place shall be paid for on the basis of the contract unit price per foot for each type, strength classification and diameter. Unit price bids shall include furnishing, laying, joining and bedding. Excavation and trench backfill not included. Measurement shall be made along the centerline of the pipe from center of manhole, structure or plug to the next one and testing of lines. 04. MANHOLES Manholes will be paid for at the contract unit price per manhole for each type, which price shall include barrel , base, water stops for plastic pipe, casting, steps and rings. Manholes shall be measured per each. 05. WYE SERVICE CONNECTION Sewer service wyes shall be paid for at the appropriate contract unit price for each service. This shall include furnishing and installing wye, and elbows, and concrete encasement. Services installed directly into manholes shall be paid for at the same unit price as a wye service and this price shall include installation and furnishing of all materials, including approved waterstop. 06. TRENCH BACKFILL Trench backfill shall be paid for at the contract unit price per cubic yard, compacted volume (C.V.) and shall include furnishing, • placing and compacting. This quantity will be identical to the volume calculated as excavation in PART A, Item No. 05 and No. 07 for utility trench excavations. PART C WATER MAIN 01 . - 04. WATER PIPE Water pipe shall be paid for on the basis of the contract unit price per foot for each type, strength classification, and diameter. All measurements shall be made horizontally from center to center of fittings, valves, and hydrants. Unit prices shall include pipe completely installed, bedding and disinfection and testing. 183/1570.0 • , INSTRUCTIONS TO BIDDERS 4. BIDDING PROCEDURE (Cont'd) 4.8 SITEWORK METHOD OF MEASUREMENT, BASIS OF PAYMENT: PART C WATER MAIN (Cont'd) 05. - 07. VALVE VAULT This work shall be paid for at the contract unit price for Water Valve Manholes or Valve Vaults to be constructed, which price shall include all required materials including the specified frames and covers, equipment, tools, labor, earth excavation, backfilling, valve and incidentals necessary to construct a Water Valve Manhole (Valve Vault) , as herein specified and as shown on the detail drawings. 08. - 09. VALVES Valves shall be paid for on the basis of the contract unit price per valve for each type and size. This shall include furnishing and installing valve, box, and cover. 10. HYDRANTS Hydrants shall be paid for on the basis of the contract unit price, including base and gravel , bracing and restraining, plugging drain holes, installed complete in place. Extensions of the hydrant beyond the normal six foot cover will be incidental. 11 . FITTINGS Fittings shall be measured by weight of the body casting only. Glands, gaskets, reaction bracing, tie bars, bolts and accessory items shall be considered incidental and no payment will be made therefor. Payment shall be on the basis of the contract unit price • per pound which shall include furnishing, installing, etc. If tapping saddles are used, payment shall be made on the basis of the contract unit price per pound for the weight of the fitting It substitutes when used with pipe smaller than 18-inch diameter. 12. - 14. CONNECTIONS TO EXISTING SYSTEM Connections to the existing system will be paid for on the basis of the lump sum prices bid and will include locating and uncovering the mains, wet tap connection and valve, dewatering, disinfection and returning mains to service. 183/1570.0 ` INSTRUCTIONS TO BIDDERS 4. BIDDING PROCEDURE (Cont'd) 4.8 SITEWORK METHOD OF MEASUREMENT, BASIS OF PAYMENT: PART C WATER MAIN (Cont'd) 15. TRENCH BACKFILL Trench backfill shall be paid for at the contract unit price per cubic yard, compacted volume (C.V.) and shall include furnishing, placing and compacting. PART D STORM SEWER 01 . - 03. STORM SEWER PIPE Storm sewer pipe shall be paid for on the basis of the contract unit price per foot for each type, strength classification, and diameter. Unit prices shall include furnishing, installing and bedding. Excavation and backfilling are not included. All measurements shall be made along the center line of the pipe and from center of manhole to center of manhole, or center to center of appurtenant structure. 04. - 06. MANHOLES AND CATCH BASINS Manholes and catch basins shall be paid for by the structure as individual units complete in place and shall include base, barrel , waterstops for plastic pipe, steps if required and casting assembly. 07. RESTRICTOR Restrictors shall be paid for at the contract price per each and shall include furnishing and installing per the detail . 08. & 09. TRENCH DRAIN • Trench drain shall be paid at the contract price per each as designated and shall include materials, excavating, furnishing, placing, concrete and backfilling. 10. TRENCH BACKFILL Trench backfill shall be paid for at the contract unit price per cubic yard, compacted volume (C.V.) and shall include furnishing, placing and compacting. PART E PAVING. SIDEWALKS, CURB AND GUTTER AND MISCELLANEOUS ITEMS 01 . - 03. BITUMINOUS PAVING The plant mixed 2 inch binder, 2 inch surface and 1 inch surface course per square yard shall be compensation for furnishing materials, tack coat where required, laying, rolling and preparation and cutting of edges of existing bituminous. 183/1570.0 .I•NSTRUCTIONS TO BIDDERS 4. BIDDING PROCEDURE (Cont'd) 4.8 SITEWORK METHOD OF MEASUREMENT, BASIS OF PAYMENT: PART E PAVING. SIDEWALKS. CURB AND GUTTER AND MISCELLANEOUS ITEMS 04. AGGREGATE BASE COURSE Aggregate base course per ton will be compensation for fine grading, sub-grade shaping, furnishing, placing and compacting material . 05. - 08. CONCRETE CURB AND GUTTER AND SIDEWALK Concrete work shall be paid for at the appropriate unit price and unit of measure indicated in the proposal which shall include compensation for furnishing materials, forming, pouring, joint filler and sealer, oil treatment, and aggregate or sand bedding as shown on the details. 11 . PAVEMENT AND PARKING LOT STRIPING Striping shall be paid for at the lump sum contract price and shall include furnishing materials, layout, surface preparation and application. 12. RELOCATE EXISTING STREET LIGHT Relocate existing street light on Times Square Drive for the contract lump sum price to include all general construction and electrical work. 13. PRECAST CONCRETE PAVERS Pavers shall be paid for at the contract unit price per square foot and shall include pavers, steel edging, sand and stone bedding in accordance with the detail . 4.9 CONSTRUCTION SCHEDULE: It is anticipated that work will be complete during March 1986. 5. CONSIDERATION OF BIDS 5.1 OPENING OF BIDS: Bids will be opened as announced in the Invitation to Bid. 5.2 REJECTION OF BIDS: The Owner shall have the right to reject any or all Bids and in particular to reject a Bid not accompanied by data required by the Bidding Documents or a Bid in any way incomplete or irregular. 183/1570.0 r . INSTRUCTIONS TO BIDDERS 5. CONSIDERATION OF BIDS 5.3 ACCEPTANCE OF BID: The Owner reserves the right to waive any irregularities in a Bid, and to accept any Bid, or to negotiate Contract Terms with the various Bidders, when such is deemed by the Owner to be in his best interest. 5.4 QUALIFICATION OF CONTRACTORS: Each Bidder shall be prepared, if so requested by the Owner, to present evidence of his experience, qualifications, and financial ability to carry out the terms of the Contract. 5.5 AWARD: It is the intent that the Contract be awarded on the basis of low bid, including full consideration of unit prices, alternatives and completion time, The Owner, however, reserves the right to award the Contract as he deems to be in his best interest. 6. POST-BID INFORMATION 6.1 IMMEDIATE SUBMISSIONS: Within 7 days of notification of selection for award of the Contract, the Contractor shall submit to the Engineer/Architect the following information: A. Estimated Progress Schedule, a preliminary schedule of shop drawings, and a General Conditions. B. A listing of subcontractors and suppliers and the portions of the work which they will perform. '6.2 FOLLOW UP SUBMISSIONS: Before any work at the site is started, the contractor shall deliver to the Engineer/Architect the following information: A. Certificates of all Bonds and Insurance as required by Articles 5 of Supplementary and General Conditions. B. Final Progress Schedule and final schedule of Shop Drawings. 6.3 DELINQUENT SUBMISSIONS: Any submittals as required by 6.1 and 6.2 above and not submitted may be cause for complete rejection of any Contractors Application for Payment. . PERFORMANCE BOND AND LABOR AND MATERIAL BOND /7.1 , BONDS REQUIRED: The successful Bidder shall furnish bonds covering the j afthful performance of the Contract and the payment of all obligations arising thereunder, in the full amount of the Contract Price, and with a surety acceptable to the Owner. The premiums for said bonds shall be paid by the Bidder, and shall be included in his Bid. 7.2 FORM OF BONDS: Unless otherwise specified in the Bidding Documents, the bonds shall be written in the form of AIA Document A311 , Performance Bond and Labor and Material Payment Bond. 7.3 TIME OF DELIVERY OF BONDS: The Bidder shall deliver the required bonds to the Owner not later than the date of execution of the Contract. 183/1570.0 � A EXHIBIT "C" TITLE EXCEPTIONS 1. Current taxes not yet due and payable. 2. Fence encroachment along easterly line of real estate. 3. Rights of way for drainage tiles, ditches, feeders and laterals. 4 . Covenants , conditions and restrictions of record, none of which shall interfere with the intended commercial use of the real estate. 5. Public utility easements of record. 6. Developer ' s land acquisition, development and construction loans . None of the above title exceptions shall in any way prevent the collection of real estate taxes levied against the Redevelopment Site. Exhibit D STREET IMPROVEMENTS National Street widened nine feet on south side to provide turning lanes from redevelopment project. Installation of new curb and gutter, sidewalk, trees and ornamental street lights on National Street. Replacement of traffic signal controller with fully activated 8 phase con- troller. Extension of South Grove Avenue south of National Streeet.