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84-0910 Weston Avenue Improvements RESOLUTION AUTHORIZING EXECUTION OF AGREEMENTS WITH VARIOUS PROPERTY OWNERS TO PROVIDE FOR A LOCAL IMPROVEMENT ON WESTON AVENUE WHEREAS, it has been determined by the City Council of the City of Elgin that it is necessary and desirable to make certain local improvements along and upon the public right of way known as Weston Avenue from Larkin Avenue to Van Street in the City of Elgin, County of Kane, Illinois; and WHEREAS, said local improvement will consist of street resurfacing and pavement, along with storm sewer, curb and gutter; and WHEREAS, the City Council of the City of Elgin desires to enter into a written agreement to pay the costs of said improvement, in lieu of making and levying a special assessment with the following owners of real property benefitted by the improvement: Name Address Mr. and Mrs. Albin R. Blietz 19 South Weston Avenue Mr. and Mrs. John S. Hart 9 South Weston Avenue Donald R. and Elinor E. Pacey 25 South Weston Avenue Velma Banke 12 North Weston Avenue John B. and Noralyn K. Canfield 1307 Larkin Avenue Marie E. Koch 18 North Weston Avenue Mr. and Mrs. Eddie R. Chamberlain 1207 Van Street Raymond and Ameda Good 29 South Weston Avenue Joseph G. Young 36 South Weston Avenue Paul Karas 26 South Weston Avenue Mr. and Mrs. James Sterricker 20 South Weston Avenue Mr. and Mrs. Gerhard Drews 14 South Weston Avenue WHEREAS, said owners have agreed to participate in the financing of said local improvements upon the terms and conditions contained in the agreements which are attached hereto and made a part hereof by reference; and WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII of the 1970 Illinois Constitution and is thereby authorized and empowered to exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, entering into an agreement in lieu of special assessment with various property owners to provide for certain local improvements pertains to the government and affairs of the City of Elgin; and • WHEREAS, both the owners and the City of Elgin will realize substantial economic savings if the local improvements can be constructed by agreement and without the necessity of a special assessment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert O. Malm, Acting City Manager, and Marie Yearman, City Clerk, be and are hereby authorized, empowered and directed to execute the attached agreements, which are hereby incorporated by reference. BE IT FURTHER RESOLVED that the City Clerk shall cause these agreements to be recorded in the Office of the Recorder of Deeds of Kane County, Illinois. BE IT FURTHER RESOLVED that these agreements shall constitute a lien upon the real property described in each agreement until the sums indicated in Paragraph 4 of the agreements are paid in full. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: September 10, 1984 Adopted: September 10, 1984 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk This instrument prepared by: Assistant Corporation Counsel Daniel B. Blondin City of Elgin 1 150 Dext Court Elgin, Ill . 60120 t 695-6500 l State of Illinois County of Kane ss Certificate of City Clerk City of Elgin I, Marie Yearman, DO HEREBY CERTIFY that I am the City Clerk of the City of Elgin, Illinois, and that as such City Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal thereof. I DO FURTHER CERTIFY that the attached is a full,true, and correct copy of Resolution authorizng execution of agreements with ',. various property owners to provide for a local improvement on Weston Avenue, the original of which is entrusted to my care for safe keeping. In Witness Whereof,I have hereunto set my hand and affixed the corporate seal of the City of Elgin at the said City in the County and State aforesaid this 1 1 t h day of January 19 85 4. .,.-o...-f`.G.!!/.t/.- -�.. ity Clerk. (SEAL) December 3, 1984 MEMORANDUM TO: Robert 0. Maim, Acting City Manager FROM: Ralph L. Ridley, Civil Engineer I I - RE: Weston Avenue Improvements The above referenced project has been completed and the final payment is being made to the contractor. The project was completed for 28% less than the estimated cost. (Estimated Cost $108,273.22; Actual Cost $77,875.88) The actual unit prices that affect the individual assessments for property owners on the project are as follows: Estimated Contract Items Unit Cost Unit Cost 1 . Pavement $ 40.16 $ 24.63 2. Storm Sewer 3.23 1 .90 3. Concrete Drive Approach 25.00 19.05 4. Combination Curb & Gutter 10.00 6.10 It is our intent to pass the savings we experienced along to the property owners. Our office has prepared a full breakdown of cost for each property owner, along with the rationale behind our cost breakdown. We would recommend that the City Council direct the Finance Department to adjust the original assessments to reflect the lower actual costs. In addition to the above, we are also including five (5) duplicate "Agreement in Lieu of Special Assessment" documents. The original documents were incorrectly signed by the individual property owners. Our office has had all of these agreements resigned and are attached for your review. , - - We would also request that the City Council approve the five (5) agree- ments and direct the City Clerk to file them with the Kane County Clerk, thereby cancelling the original documents which were signed improperly. RLR:do Attachments cc: Jim Bolerjack Mike Sarro Marie Yearman Mel Dahl Ery Jentsch atm, 4c>R 12-3-84 ASSESSMENT RATIONALE FOR WESTON AVENUE IMPROVEMENTS Step One - Determined the cost of one lineal foot of improvements by frontage foot that included. 1 . Pavement $ 24.63 2. Storm Sewer 1 .90 3. Curb & Gutter 6. 10 4. Restoration 4.38 5. Engineering, Inspection & Testing 7.31 Step Two - Drive approaches varied in size from one parcel to the next, there- fore the cost was assessed for the actual amount of concrete used. Concrete Drive Approach $ 19.05 S.Y. Step Three- Applied steps one & two to all of the property frontage within the project. This included all improvements directly opposite property lines. The total dollar amount chargeable to property owners was deducted from the total cost of the project, leaving a direct public benefit of $6,917.68. In a Special Assessment where a property faces two streets with- in the area the property is assessed for the short side and one- half of the long side. The two properties on this project at Van Street were assessed for the long side of their properties in 1967 for the Van Street Improvements. Therefore, the short side (which faces Weston Avenue) was assessed at one-third of its length. This method leaves two-thirds of both lots/frontage not covered by any direct assessment. Because the City is paying 8.9% of the improvements outside of the property lines we will also pick up the same percentage of the uncovered assessment. The remainder is split between the property owners on the project on a per-foot basis. Equalized Front Footage $2.40 per Lineal Foot 12-3-84 WESTON AVENUE IMPROVEMENTS COST BREAKDOWN ESTIMATED COSTS ACTUAL COSTS OWNER/ADDRESS SPECIAL ASSESSMENT SPECIAL AGREEMENT Mr. & Mrs. John Canfield $ 8,416.67 $ 6,116.14 1307 Larkin Avenue Ms. Marie Koch 7,055.85 5,077.77 18 North Weston Avenue Ms. Velma I. Banke 7,080.85 5,093.01 12 North Weston Avenue Mr. & Mrs. John Hart 5,504.25 3,789.75 9 South Weston Avenue Mr. & Mrs. Gerhard Drews 6,939.65 4,972.99 14 South Weston Avenue Mr. & Mrs. Alvin R. Blietz 6,194.95 4,498.17 19 South Weston Avenue Mr. & Mrs. James Sterricker 7,148.15 5,192.07 20 South Weston Avenue Mr. Donald R. Pacey 10,653.95 8,054.96 25 South Weston Avenue Mr. & Mrs. Paul Karas 7,080.85 5,129.20 26 South Weston Avenue Mr. & Mrs. Raymond Good 4,148.36 3,049.61 29 South Weston Avenue Mr. Joseph G. Young 2,750.84 1 ,995.83 36 South Weston Avenue Mr. Edward R. Chamberlain 1 ,080.39 778.82 1270 Van Street ,-.' , / co -N. / ___.7 /, / !\ / % - / / . � \� // N\G\"O // ((I / , / _ �� / 4% /GL4‘*es �' Div Qa s'1\'' / �kC �` � 4? () ,,<P / ` Q Q 5 G G a 4. _ �k. Q 11 `` TOTAL ` 4 I '4,�3 - ---- /, g Ti.R me: 1 q.38-- -_L__LLL....Lili_.I ___�J _ _J I I COOPERATIVE 1� BASIS J021. 4 490, 0e 0230.64 434.34 750.54 531.73 E3e743, 029/, 36 $6, /1‘. 14 J L__ . . _.__ _ 1 _ _� - -.....] _ _ ADDRESS, ,3o 7Lar&'n A,),,,(,c ,/ / / 7-1, / / V. / _... ri■ / pia J�; U ' Q- 4a ..? / J OO /A, Q 1 <te n-X1.3 rt° TOTAL �,,aC, ;1 j I. _.-)1 COOPERATIVE 1 . —. BASIS /00 .2,443.00 / go.or) 405.71 6 /0. 00 438.00 7,3/.00 &40.0c, $S, 07777 iL_ , __L. ____ _i______ _ , ADDRESS, /8 A/ GJe -on , / /7- / / i -- / y f� �4 //c) / ..cycle �,,- / r`` ,4 ,vay ,,� / �y �`,,��c) /.0a� P„ft, // Qc„, /r ¢4, //_r�,,, 4\J � / ��'< �e \ty�/�JpQpo�'� ,, - Q r g r., O ,J v cr� I 4. Qt , ti 4 TOTAL I I 1 1 COOPERATIVE IL BASIS /b 0 cq,44,5 /96. o6 421. 61 6/0.ao 438.0d 73/6O d2110. oo 5 09 S. O/ _ _ l ADDRESS, /2 A. 1.0cos-1- n • . . c 7 , / — —7:— "7.= ---7---- —77 , / . / ..%s. CO ."-‘ 7 / ((, k / / -k. / / 0‘ ‘4. / i i's . 4., k / '27) /' / co ...0 4/Y- /. ...V / a• 0- ,/ i'l\ ,-/ 9,..(<,:- ., ,-.7- / N■ \ .s (.1"' // Q■ 1 4; Qy i try'.<( q-, I 1 TOTAL I I "...".4 t•3 /.q0 /5" ;9.*C 4.'6 4.31% I ,f i:- .- I I r__ ____ COOPERATIVE BASIS 7S 647,i.s" /42.SO .28 '.1‘ ei-C 7 S-45 308.6'0 ,.64e.,D /a 'no • . I 1 , 1 I ADDRESS, 9 S. &)Q _-ion • / -- /- „,• ...„ 6. / sk. / / / .1 / i \”‘ / .C,) .-& . 0 / ,A. .„,‘..)- / / " ... 4,-. v / / q- // '/ 46" / ''4(‘' / 43Ct.c ..4‘.7 eAl.. - / •§*(.1■)& // e(&-). / \-\•( / ‘)CL° 6C7/ <C Q I I TOT i A L ___ /5-.g /I..C - 11 -- - COOPERATIVE BASIS /0 0 c: 463.6c. f 90.60 200,q7 &/0. 00 438.00 73/. 00 ..21.0. or- atig 7z . 59 I [ 1 , 1 ADDRESS* Pi S ....... ___, . c., -.. ,, 7 / 4 / 4 / --k I / ,<P‘ / \4„g / / ' / / 4---- • / ,r / / Te- ,..r- c, r (<„ // ,. , ,‘t--. r 4• ,-/ i' :'4 Oy iq" ... 9- // -4,(<1(, / <11,s c-.(!'// , -.. ,-V / ,<I r ck° , • e,,,r_.„(9 /,‘?7,./ /' o / 44/ / c-?-'-*-- ((.. ((q- ( qv- ( c?-' r c .'N' ( 9.4.,) •-v-' \N / 0-••'R---00 /z I TOTAL ■ -1 r v I COOPERATIVE I BASIS I go 4214.-70 o 6 17,, 0 .2v.52 4-cf,0 o 354. 4M8. /7 zo 4s-7./'(;) c2/6.06 _ • 1 L 1 i .__ ____ ___ L _ _ _ _ __ _____ . ADDRESS, / 9 S. 4) s/ //kv-- / ( « 1 ' ,2-7.'5 if A' i , 221,07 1 I 4 I TOTAL 11 COOPERATIVE F BASIS /° 6 _ c ,44.5.001 /96.66 5.20-07 6/o-oo 438.0r) -7.3/ 0-8 240.0 rN I OS': /12. 07 !I i I 1 I t - - . _ ADDRESS' ao S. luesie,,,, ... • ",--------=-7-_-_-.. . 7.-.77._____ —7— -/.- / - 'C i -1 " 4. /c// / F/ t O G c.) 4 I 4, q k. c TOTAL aq,�3 1,9� liy.es � Z � �,�o '4.se L., , `'% j I 1 COOPERATIVE - -- ----- --_ - -- _ ___ __ . BASIS /55- 3,80.GS .Z94.5-° gzz.g4 g4S.So 478. h 6 /33,0s 37a.od ,x$, 064.54 . ......] r _I _1 _ ______ . . ADDRESS' AS S. GUes n • ''' 7----=\-\----/-'// / / / / k / / -1 / / „e% / ‘..‘ 0 , , /-.. ,,, / .itz) / / 41((/ / 4\4 (/' , / ' ..t. /12- / .4, 0)—k4, / k:-.; / ':.••'0.9 / N,.4` ,?-'" / / 6\ / tck- / Ce- / /■ ece r scii4- N)Q.0":)4% / 44/.<, 1/ e‹,--‘,C-tyv- 'f/4,5444340' 6C ../ 2 6) 6) G ' l - -1i COOPERATIVE BASIS / 00 A463.6° /9,).0 0 4s-7. o 6to 0 0 43e.06 73/,0 0 , . ADDRESS, 267 S. / ÷ / Q;■ / // t<Pec S ,gyp �,4 Q� . J� // 4,g �G �� JP p 6C 94- 5 O G C.1 Q- ! et 404' 4� X 4.43 i. 9„ /‘ 14.e 1 6, w 1% .R I -P, 419. i5 1 TOTAL COOPERATIVE BASIS j-s /244J.01 ///.( 3 304,eo 4 ld 1. 00 _S 4F4 / 4,/ ADDRESS' c.2q S. I)eg-Inn . • , • ,--- / 7---T 7--- .--‘-. ----,., / e„.., / 4-. , / - / / //..1 / / o / 4-,o , / \ / - 4:;) A / 'P' ‘ / e<(•"t ` /-1(5/ (4, / 1 ,24.4,s I /,?-o in.' 4.31? -1,C7Z .111 I jr TOTA L--- - I,- -- - -- COOPERATIVE [ i BASIS 33. -3 g 20.1 8 (03..97 440. 0c. ,,,03, ,z j4 .8 _24o. 0 7f.u J ,ote// .9 ?..5"-,63 i L -I i L___ ADDRESS, ,...96 S . ttiesion , /,-------- - -7-7-------- -7----: -77-----/ / r.fQ / A.'s , / A / / ,CL- Q� k 4</ a` JQ'J� / kc' /SCI �' of 4tpp // < Q 5 � 3 v � 41' I w t?'‘ �, e(C) r III i a4.`3 (.`?° — I 6.io 4.n t l 6,L,,;, I TOTAL J F COOPERATIVE 1 _ __ i BASIS I4.64 4/0 .58 31.47 /0/.6q. 73. al /-71.8 ,10 01 77e. 8a I ___ 1 I F 1 __._ 1 ____________ _ .. ADDRESS' 470 Vain 5 4rec4 . f //---- / —— �' o� / �G, r P-1 /„,. P� �- Gk �O ock-// Q�C / P.\* // O tide \� / J�' 1` / 6.-; /// \.4.� J Q_O O4P Q O G 0 4 I k. 4"4 <•-) I i 6,.Res i i 1 .2a,c.3 i.qo ''t 6,. to l 46b'i-+. l ,3 7Q, _ I _ TOTAL 1111 1 COOPERATIVE -- ----r ----- --- --- - - _-- __ --_._------ BASIS ,34Z8�,� �, 7�o.ov �,.�oa,o2. �8 �,4Z3.4� ,( ".8 0 8Zo- a o /7� zo o I I -- -- _- __� _, --- __ _ ---- ADDRESS, e,r, OF E-4./A/ I ������� ���� ��0 ��0�� ��� � 0 :�r�- ��w�n��m*v� 6NGU*WEER0NGDKV(SION 1so DEXTER COURT'ELGIN, /LuNom*o12u'e6s Telephone: (o12) m9u- 6som Ext 245 TRANSMITTAL LETTE R Date_.__SHpten r 17 ,_ 19 %". Laudicina To Jay J.__ _- _—'------- Quality Assurance Testing _______ ______ P.O. Box 1128 - - ------------------'---`---`--- St. Charles , IL 60174 Job: __ en UE mpnyapien t s We transmit herewith for your—Information Approval ______--__-____'___-'-_______ Files -_-_-_--.�_-__-__-____-_-------- ---------- Correction ______ _---__ -----_------- - ----- Return Copy of _-PigiVi Signed agreement for the above rereTerc+� Sheet Nos. Remarks We will let you know 8 job g f0 stdrt-___ ____________ ---- --------` ----------------------------------------'-----------`----- ' ----- „--------- ---- ---- -- ----------------- CC: Bob Malm, w/C0py ^/ Yours very truly, �� Marie Yearman, W'0r�g�D�� � ' CITY OF ELGIN Mike Sarro, W 'COpy --------- R | h _ B. 1 -T-- '! ----- '---- ------ ' ^ • Quality assurance P.O. BOX 1128, ST. CHARLES, ILLINOIS 60174 • (312)232-6171 Iest lTesting JAY LAUDICINA President • August 2, 1984 City of Elgin 150 Dexter Court Elgin, Illinois 60120 Attention: Mr. Ralph L. Ridley RE: Weston Avenue Improvements Sir: We are pleased to note that we have been selected by the City of Elgin to perform the testing and inspection for soil and asphalt on the above noted project. The quote- outlined on the attached sheet should not exceed $600.00. Respectfully submitted, QUALITY ASSURANCE TESTING 9v2 Aaa-eedG, Jay ' ay J. Laudicina JJL:sbd Attachment ACCEPTED BY: _ City of Elgin ACCEPTED BY: y4-1Quatiiity Assurance T Testing QUALITY CONTROL FOR CONCRETE AGGREGATE, SOILS, CONSTRUCTION PROJECTS ssurtranc G P.O. BOX 1128, ST. CHARLES, ILLINOIS 60174 • (312)232-6171 la-sting JAY LAUDICINA President July 30, 1984 City of Elgin 150 Dexter Court Elgin, Illinois 60120 Attention: Mr. Ralph L. Ridley • RE: Weston Avenue Improvements • Sir: We appreciate the consideration you have extended to our firm to provide testing services for the above project. We are currently doing the work for East Side Water Transmission Main. As per your 'letter of July 24, 1984, the following testing services will be provided on the project: 1. Subgrade Inspection 2. Base Course Compaction 3. Binder & Surface Course Compaction 4. Asphalt Extractions (As necessary) 5. P.C.C. Concrete Testing (Cylinders) The total estimated cost for this project will be $600.00. Any additional services will be according to the attached price list. Please feel free to call if you are in need of further assistance. • Respectfully submitted, QUALITY ASSURANCE TESTING Jay Laudicina • JL:sd Attachment • r' S AGREEMENT IN LIEU OF SPECIAL ASSESSMENT a7 a This agreement, made and entered into on the 1 ( ' day of c.n cJ I , 198/by and between the City of Elgin, hereinafter tv referred to as "City"; and the undersigned owner of record of property c_c) hereinafter described, hereinafter referred to as "Owner"; witnesseth: WHEREAS, Owner and City mutually agree that it is necessary and desirable to make local improvements along and upon North and South , co Weston Avenue from Larkin Avenue to Van Street consisting of street `7 resurfacing and pavement along with storm sewer, curb and gutter; a'd vim - = ' WHEREAS, said improvements could be paid for by special assessmdtit `= r4.1, upon the adjoining properties benefitted thereby; and WHEREAS, Owner is owner of record of certain real estate fronting on the portion of North and South Weston Avenue proposed to be improved, more specifically described as: Lot 3 of Block 10 of Washington Heights Addition to the City of Elgin, Kane County, Illinois. and commonly known as 1270 Van Street which would be subject to special assessment in the event a special assess- ment was levied; and WHEREAS, City and Owner desire to enter into an agreement in lieu of special assessment providing for the sharing of costs for the replacement, construction and maintenance to the said portions of North and South Weston Avenue above described upon the terms and conditions contained herein; and WHEREAS, that portion of the cost of the proposed improvement to be borne by Owner is anticipated to be less than the cost of making the improve- ment by special assessment. NOW, THEREFORE, it is agreed by and between City and Owner that: 1 . For purpose of this agreement "abutting owners" shall be those persons who are owners of record of the real property fronting and adjoining North and South Weston Avenue along the area to be improved. 2. That the City shall cause the construction of a local improvement in the public right of ways known as North and South Weston Avenue from Larkin Avenue to Van Street in the City of Elgin, County of Kane, Illinois, consisting of street resurfacing and pavement, along with storm sewers, curb and gutter installation. Said construction shall begin no later than August 15, 1984 Provided, however, the City shall have no duty to make or cause said 1695279 r . local improvements unless all abutting owners have entered into agreement with the City on terms and conditions as contained herein, no later than May 28, 1984 3. In the event all abutting owners fail or refuse to enter into a written agreement with the City on or before May 28, 1984 as provided in paragraph 2 above, City, at City's option: 1) may proceed to make the above described local improvements in which case this agreement shall remain bind- ing and effective, or; 2) may reject all agreements previously entered into including this agreement for said local improvements in which case abutting owners and Owner shall be released from the terms and conditions of this agreement. 4. Owner agrees to pay and shall pay $1 ,opo lq as his share of the cost for said improvements. Payment shall be made in full within sixty (60) days of the execution of this agreement by both Owner and City; provided Owner may, at Owner's option, pay Owner's share of the cost of improvements by payment in ten installments with interest at a rate of nine percent per annum. Interest on all outstanding balance shall begin accruing on August 1 , 1984 . Should Owner choose to pay by installment the first installment shall be due on or before January 2, 1985 and shall be a sum equal to $135.39 plus nine percent interest as provided above. All subsequent installments shall be made on or before January 2 of each subsequent year for nine (9) subsequent years and shall be a sum equal to $105.00 plus interest as provided above. Provided, that Owner may, at any time, pay the entire outstanding balance, including any accrued interest and shall then be relieved of any further obligations hereunder. 5. Owner's payment shall be made at the office of the City Finance Director, 150 Dexter Court, Elgin, Illinois. 6. That this agreement, upon execution, shall be recorded with the Recorder of Deeds at Kane County, Illinois and shall constitute and be construed as a lien agreement in lieu of special assessment as security for payment of Owner's share of the improvement described herein. This agreement shall constitute a lien upon the property legally described herein to the extent of Owners commitment in paragraph 4 above until same is paid in full . A legal description of property subject to said lien is attached hereto and made a part hereof by reference. This agreement shall be binding on Owners, successors, heirs and assigns. jC hc/,/ . R e‘64edtittiz, ? 695279 OWNER -2- /. • STATE OF ILLINOIS) ) SS COUNTY OF KANE ) ACKNOWLEDGEMENT I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY thatin.er 5,&- e. j2 personally known to me to be the same persons whose names are subscribed to the foregoing instrument appeared before me this day in person, and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act, for the uses and purposes therein set forth. Given under my hand and official seal this 1 day of 19 $'f Commission Expires , 19S7. CI 0 E IN, By Attest:' ■ ✓..;_ 1 .�c _. City Clerk This Instrument Prepared By: Daniel P. Blondin City of Elgin �a% 150 Dexter Court Elgin, Illinois 60120 (312)695-6500, Ext. 217 31 • i 1 95279 1 AGREEMENT IN LIEU OF SPECIAL ASSESSMENT This agreement, made and entered into on the Ili day of �p . , 1983 by and between the City of Elgin, hereinafter referred to as "City"; and the undersigned owner of record of property hereinafter described, hereinafter referred to as "Owner"; witnesseth: WHEREAS, Owner and City mutually agree that it is necessary and desirable to make local improvements along and upon North and South Weston Avenue from Larkin Avenue to Van Street consisting of street resurfacing and pavement along with storm sewer, curb and gutter; and WHEREAS, said improvements could be paid for by special assessment upon the adjoining properties benefitted thereby; and WHEREAS, Owner is owner of record of certain real estate fronting on the portion of North and South Weston Avenue proposed to be improved, more specifically described as: Lot 3 of Block 10 of Washington Heights Addition to the City of Elgin, Kane County, Illinois. and commonly known as 1270 Van Street which would be subject to special assessment in the event a special assess- ment was levied; and WHEREAS, City and Owner desire to enter into an agreement in lieu of special assessment providing for the sharing of costs for the replacement, construction and maintenance to the said portions of North and South Weston Avenue above described upon the terms and conditions contained herein; and WHEREAS, that portion of the cost of the proposed improvement to be borne by Owner is anticipated to be less than the cost of making the improve- ment by special assessment. NOW, THEREFORE, it is agreed by and between City and Owner that: 1 . For purpose of this agreement "abutting owners" shall be those persons who are owners of record of the real property fronting and adjoining North and South Weston Avenue along the area to be improved. 2. That the City shall cause the construction of a local improvement in the public right of ways known as North and South Weston Avenue from Larkin Avenue to Van Street in the City of Elgin, County of Kane, Illinois, consisting of street resurfacing and pavement, along with storm sewers, curb and gutter installation. Said construction shall begin no later than August 15, 1984 Provided, however, the City shall have no duty to make or cause said local improvements unless all abutting owners have entered into agreement with the City on terms and conditions as contained herein, no later than May 28, 1984 3. In the event all abutting owners fail or refuse to enter into a written agreement with the City on or before May 28, 1984 as provided in paragraph 2 above, City, at City's option: 1) may proceed to make the above described local improvements in which case this agreement shall remain bind- ing and effective, or; 2) may reject all agreements previously entered into including this agreement for said local improvements in which case abutting owners and Owner shall be released from the terms and conditions of this agreement. 4. Owner agrees to pay and shall pay $i ,nRn lq as his share of the cost for said improvements. Payment shall be made in full within sixty (60) days of the execution of this agreement by both Owner and City; provided Owner may, at Owner's option, pay Owner's share of the cost of improvements by payment in ten installments with interest at a rate of nine percent per annum. Interest on all outstanding balance shall begin accruing on August 1 , 1984 . Should Owner choose to pay by installment the first installment shall be due on or before January 2, 1985 and shall be a sum equal to $135.39 plus nine percent interest as provided above. All subsequent installments shall be made on or before January 2 of each subsequent year for nine (9) subsequent years and shall be a sum equal to $105.00 plus interest as provided above. Provided, that Owner may, at any time, pay the entire outstanding balance, including any accrued interest and shall then be relieved of any further obligations hereunder. 5. Owner's payment shall be made at the office of the City Finance Director, 150 Dexter Court, Elgin, Illinois. 6. That this agreement, upon execution, shall be recorded with the Recorder of Deeds at Kane County, Illinois and shall constitute and be construed as a lien agreement in lieu of special assessment as security for payment of Owner's share of the improvement described herein. This agreement shall constitute a lien upon the property legally described herein to the extent of Owners commitment in paragraph 4 above until same is paid in full . A legal description of property subject to said lien is attached hereto and made a part hereof by reference. This agreement shall be binding on Owners, successors, heirs and assigns. tGeLel'aicd. e 7 OWNER Cn et-477 ' G,.L OWNER -2- • STATE OF ILLINOIS) ) SS COUNTY OF KANE ) ACKNOWLEDGEMENT I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Edward R. Chamberlain and Bernice personally known to me to be the same persons whose names are subscribed Chamberlain to the foregoing instrument appeared before me this day in person, and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act, for the uses and purposes therein set forth. Given under my hand and official seal this 1Z), day of Commission Expires - \O _' , 19 CIT : . GIN, By ;14+14._i, �..A_ Attest: City Clerk • This Instrument Prepared By: Daniel P. Blondin City of Elgin 150 Dexter Court Elgin, Illinois 60120 (312)695-6500, Ext. 217 d' AGREEMENT IN LIEU OF SPECIAL ASSESSMENT This agreement, made and entered into on the I} day of , 1983 by and between the City of Elgin, hereinafter referred to as "City"; and the undersigned owner of record of property hereinafter described, hereinafter referred to as "Owner"; witnesseth: WHEREAS, Owner and City mutually agree that it is necessary and desirable to make local improvements along and upon North and South Weston Avenue from Larkin Avenue to Van Street consisting of street . resurfacing and pavement along with storm sewer, curb and gutter; and WHEREAS, said improvements could be paid for by special assessment upon the adjoining properties benefitted thereby; and WHEREAS, Owner is owner of record of certain real estate fronting on the portion of North and South Weston Avenue proposed to be improved, more specifically described as: Lot 3 of Block 10 of Washington Heights Addition to the City of Elgin, Kane County, Illinois. and commonly known as 1270 Van Street which would be subject to special assessment in the event a special assess- ment was levied; and WHEREAS, City and Owner desire to enter into an agreement in lieu of special assessment providing for the sharing of costs for the replacement, construction and maintenance to the said portions of North and South Weston Avenue above described upon the terms and conditions contained herein; and WHEREAS, that portion of the cost of the proposed improvement to be borne by Owner is anticipated to be less than the cost of making the improve- ment by special assessment. NOW, THEREFORE, it is agreed by and between City and Owner that: 1 . For purpose of this agreement "abutting owners" shall be those persons who are owners of record of the real property fronting and adjoining North and South Weston Avenue along the area to be improved. 2. That the City shall cause the construction of a local improvement in the public right of ways known as North and South Weston Avenue from Larkin Avenue to Van Street in the City of Elgin, County of Kane, Illinois, consisting of street resurfacing and pavement, along with storm sewers, curb and gutter installation. Said construction shall begin no later than August 15, 1984 Provided, however, the City shall have no duty to make or cause said w � local improvements unless all abutting owners have entered into agreement with the City on terms and conditions as contained herein, no later than May 28, 1984 3. In the event all abutting owners fail or refuse to enter into a written agreement with the City on or before May 28, 1984 as provided in paragraph 2 above, City, at City's option: 1) may proceed to make the above described local improvements in which case this agreement shall remain bind- ing and effective, or; 2) may reject all agreements previously entered into . including this agreement for said local improvements in which case abutting owners and Owner shall be released from the terms and conditions of this agreement. 4. Owner agrees to pay and shall pay $14nRn_l4 as his share of the cost for said improvements. Payment shall be made in full within sixty (60) days of the execution of this agreement by both Owner and City; provided Owner may, at Owner's option, pay Owner's share of the cost of improvements by payment in ten installments with interest at a rate of nine percent per annum. Interest on all outstanding balance shall begin accruing on August 1 , 1984 . Should Owner choose to pay by installment the first installment shall be due on or before January 2, 1985 and shall be a sum equal to $135.39 plus nine percent interest as provided above. All subsequent installments shall be made on or before January 2 of each subsequent year for nine (9) subsequent years and shall be a sum equal to $105.00 plus interest as provided above. Provided, that Owner may, at any time, pay the entire outstanding balance, including any accrued interest and shall then be relieved of any further obligations hereunder. 5. Owner's payment shall be made at the office of the City Finance Director, 150 Dexter Court, Elgin, Illinois. 6. That this agreement, upon execution, shall be recorded with the Recorder of Deeds at Kane County, Illinois and shall constitute and be construed as a lien agreement in lieu of special assessment as security for payment of Owner's share of the improvement described herein. This agreement shall constitute a lien upon the property legally described herein to the extent of Owners commitment in paragraph 4 above until same is paid in full . A legal description of property subject to said lien is attached hereto and made a part hereof by reference. This agreement shall be binding on Owners, successors, heirs and assigns. edA41`214,o( (A44v4SI-L-A)4 OWNER ( _I X1-77.7Z1 z.%7 OWNER -2- STATE OF ILLINOIS) ) SS COUNTY OF KANE ) ACKNOWLEDGEMENT I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Edward R. Chamberlain and Bernice personally known to me to be the same persons whose names are subscribed Chamberlain to the foregoing instrument appeared before me this day in person, and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act, for the uses and purposes therein set forth. Given under my hand and official seal this 1a. day of CcL\_j 19' y• Commission Expires , 19 CITY OF ELGIN, By Attest: City Clerk This Instrument Prepared By: Daniel P. Blondin City of Elgin 150 Dexter Court Elgin, Illinois 60120 (312)695-6500, Ext. 217 AGREEMENT IN LIEU OF SPECIAL ASSESSMENT _ cr.)This agreement, ma�,de and entered into on the r( day of co 4' u+ S 'et01-/ , 19iii by and between the City of Elgin, hereinafter ^, referred to as "City"; and the undersigned owner of record of property -.4 hereinafter described, hereinafter referred to as "Owner"; witnesseth: WHEREAS, Owner and City mutually agree that it is necessary and desirable to make local improvements along and upon North and South 7.:.r. rn Weston Avenue from Larkin Avenue to Van Street consisting of street p o f. resurfacing and pavement along with storm sewer, curb and gutter; awd �A . - :-%• -% 'c! -- , WHEREAS, said improvements could be paid for by special assess t ... 1 upon the adjoining properties benefitted thereby; and . r-:1]! WHEREAS, Owner is owner of record of certain real estate fronting on the portion of North and South Weston Avenue proposed to be improved, more specifically described as: Lot 9 in Gubbins & Funk's Subdivision of the City of Elgin, Kane County, Illinois. and commonly known as 20 South Weston Avenue which would be subject to special assessment in the event a special assess- ment was levied; and WHEREAS, City and Owner desire to enter into an agreement in lieu of special assessment providing for the sharing of costs for the replacement, construction and maintenance to the said portions of North and South Weston Avenue above described upon the terms and conditions contained herein; and WHEREAS, that portion of the cost of the proposed improvement to be borne by Owner is anticipated to be less than the cost of making the improve- ment by special assessment. NOW, THEREFORE, it is agreed by and between City and Owner that: 1 . For purpose of this agreement "abutting owners" shall be those persons who are owners of record of the real property fronting and adjoining North and South Weston Avenue along the area to be improved. 2. That the City shall cause the construction of a local improvement in the public right of ways known as North and South Weston Avenue from Larkin Avenue to Van Street in the City of Elgin, County of Kane, Illinois, consisting of street resurfacing and pavement, along with storm sewers, curb and gutter installation. Said construction shall begin no later than August 15, 1984 Provided, however, the City shall have no duty to make or cause said 1695277 (, local improvements unless all abutting owners have entered into agreement with the City on terms and conditions as contained herein, no later than May 28, 1984 3. In the event all abutting owners fail or refuse to enter into a written agreement with the City on or before May 28, 1984 as provided in paragraph 2 above, City, at City's option: 1) may proceed to make the above described local improvements in which case this agreement shall remain bind- ing and effective, or; 2) may reject all agreements previously entered into including this agreement for said local improvements in which case abutting owners and Owner shall be released from the terms and conditions of this agreement. 4. Owner agrees to pay and shall pay $7,148. 15 as his share of the cost for said improvements. Payment shall be made in full within sixty (60) days of the execution of this agreement by both Owner and City; provided Owner may, at Owner's option, pay Owner's share of the cost of improvements by payment in ten installments with interest at a rate of nine percent per annum. Interest on all outstanding balance shall begin accruing on August 1 , 1984 . Should Owner choose to pay by installment the first installment shall be due on or before January 2, 1985 and shall be a sum equal to $848. 15 plus nine percent interest as provided above. All subsequent installments shall be made on or before January 2 of each subsequent year for nine (9) subsequent years and shall be a sum equal to $700.00 plus interest as provided above. Provided, that Owner may, at any time, pay the entire outstanding balance, including any accrued interest and shall then be relieved of any further obligations hereunder. 5. Owner's payment shall be made at the office of the City Finance Director, 150 Dexter Court, Elgin, Illinois. 6. That this agreement, upon execution, shall be recorded with the Recorder of Deeds at Kane County, Illinois and shall constitute and be construed as a lien agreement in lieu of special assessment as security for payment of Owner's share of the improvement described herein. This agreement shall constitute a lien upon the property legally described herein to the extent of Owners commitment in paragraph 4 above until same is paid in full . A legal description of property subject to said lien is attached hereto and made a part hereof by reference. This agreement shall be binding on Owners, successors, heirs and assigns. 7ffra".041/4 �11 OWN 1695277 -2- • STATE OF ILLINOIS) ) SS COUNTY OF KANE ) ACKNOWLEDGEMENT I, the undersigned, a Notary Public in nd f aid County,, �--- the State aforesaid, DO HEREBY CERTIFY that ,.4 '.�, C�• Q� it ar/ personally known to me to be the same person who a mes are subscribed to the foregoing instrument appeared before me this day in person, and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act, for the uses and purposes therein set forth. Give under my hand and official seal this 6 day of , 19$4 e � ` 0` G Commission Expires 3 -a2 , 1987 CITY : :IN, �, r J 'l K1. ,'l G' By IVAILA ILL of _ _ ■0, �``Attest:h. i i1.!► City Clerk 4 This Instrument Prepared By: Daniel P. Blondin ��„� City of Elgin 150 Dexter Court ()1 Elgin, Illinois 60120 v (312)695-6500, Ext. 217 f, I. ) /i s, x695277 AGREEMENT IN LIEU OF SPECIAL ASSESSMENT II This agreement, made and entered into on the / / -- day of _ SepiERAEIW_4 190 by and between the City of Elgin, hereinafter C.0 referred to as "City"; and the undersigned owner of record of property CJ1 -.r hereinafter described, hereinafter referred to as "Owner"; witnesseth: c� WHEREAS, Owner and City mutually agree that it is necessary and desirable to make local improvements along and upon North and South Weston Avenue from Larkin Avenue to Van Street consisting of street - -n rn err resurfacing and pavement along with storm sewer, curb and gutter; an$ ; ' o � WHEREAS, said improvements could be paid for by special assesimenite, upon the adjoining properties benefitted thereby; and 45 tl-e. WHEREAS, Owner is owner of record of certain real estate fronting ,,; Yy on the portion of North and South Weston Avenue proposed to be improved, more specifically described as: SEE ATTACHED LEGAL DESCRIPTION and commonly known as 19 South Weston Avenue which would be subject to special assessment in the event a special assess- ment was levied; and WHEREAS, City and Owner desire to enter into an agreement in lieu of special assessment providing for the sharing of costs for the replacement, construction and maintenance to the said portions of North and South Weston Avenue above described upon the terms and conditions contained herein; and WHEREAS, that portion of the cost of the proposed improvement to be borne by Owner is anticipated to be less than the cost of making the improve- ment by special assessment. NOW, THEREFORE, it is agreed by and between City and Owner that: 1 . For purpose of this agreement "abutting owners" shall be those persons who are owners of record of the real property fronting and adjoining North and South Weston Avenue along the area to be improved. 2. That the City shall cause the construction of a local improvement in the public right of ways known as North and South Weston Avenue from Larkin Avenue to Van Street in the City of Elgin, County of Kane, Illinois, consisting of street resurfacing and pavement, along with storm sewers, curb and gutter installation. Said construction shall begin no later than August 15, 1984 Provided, however, the City shall have no duty to make or cause said 6952 4/ 10 , local improvements unless all abutting owners have entered into agreement with the City on terms and conditions as contained herein, no later than May 28, 1984 3. In the event all abutting owners fail or refuse to enter into a written agreement with the City on or before May 28, 1984 as provided in paragraph 2 above, City, at City's option: 1 ) may proceed to make the above described local improvements in which case this agreement shall remain bind- ing and effective, or; 2) may reject all agreements previously entered into including this agreement for said local improvements in which case abutting owners and Owner shall be released from the terms and conditions of this agreement. 4. Owner agrees to pay and shall pay $6,194.95 as his share of the cost for said improvements. Payment shall be made in full within sixty (60) days of the execution of this agreement by both Owner and City; provided Owner may, at Owner's option, pay Owner's share of the cost of improvements by payment in ten installments with interest at a rate of nine percent per annum. Interest on all outstanding balance shall begin accruing on August 1 , 1984 . Should Owner choose to pay by installment the first installment shall be due on or before January 2, 1985 and shall be a sum equal to $794.95 plus nine percent interest as provided above. All subsequent installments shall be made on or before January 2 of each subsequent year for nine (9) subsequent years and shall be a sum equal to $600.00 plus interest as provided above. Provided, that Owner may, at any time, pay the entire outstanding balance, including any accrued interest and shall then be relieved of any further obligations hereunder. 5. Owner's payment shall be made at the office of the City Finance Director, 150 Dexter Court, Elgin, Illinois. 6. That this agreement, upon execution, shall be recorded with the Recorder of Deeds at Kane County, Illinois and shall constitute and be construed as a lien agreement in lieu of special assessment as security for payment of Owner's share of the improvement described herein. This agreement shall constitute a lien upon the property legally described herein to the extent of Owners commitment in paragraph 4 above until same is paid in full . A legal description of property subject to said lien is attached hereto and made a part hereof by reference. This agreement shall be binding on Owners, successors, heirs and assigns. I 6 9 5 2 7 8 OWNER -2- . STATE OF ILLINOIS) ) SS COUNTY OF KANE ) ACKNOWLEDGEMENT I, the undersigned, a Notary Public iA and for said Co t in the State aforesaid, DO HEREBY CERTIFY that , Q� 7 _ �� �_ personally known to me to be the same persons whose names are subscribed dd to the foregoing instrument appeared before me this day in person, and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act, for the uses and purposes therein set forth. Given nder my hand and official seal this / day of , 19$x'{ c--3. .c.c..,,L.1.3 A7 •// e Commission Expires g — c:R ` , 1987 CITY i ELG. N, / ,�, 7 By �th,iiJ ? �-1 '\ •.-1 _ Attest: es--,-,-4—Q--- Y-4.--0—.1c./vvt-a.4(____, City Clerk This Instrument Prepared By: v Daniel P. Blondin rf �/ 01 City of Elgin 150 Dexter Court Elgin, Illinois 60120 (312)695-6500, Ext. 217 `' j" 4e, y�, .t 1 .4 y+ T{ f ''r l f} J- C3 6952 r` 3 -,, Legal Description of 19 South Weston Avenue: The south 65.35 feet of that part of the southeast quarter of Section 15, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows : Commencing at the point of intersection of the centerline of West Chicago Street with the center line of Clifton enue; thence south along the centerline of Clifton Avenue, 165.35 feet; thence west at right angles to said center line of Clifton Avenue , 169.5 feet for the point of beginning; thence continuing west along the last described line 136.5 feet; thence north parallel with the centerline of Clifton Avenue 165.35 feet to the centerline extended of West Chicago Street; thence east along said extended centerline of West Chicago Street 136.5 feet; thence south parallel with the center line of Clifton Avenue 165.35 feet to the point of beginning, in the Township of Elgin, Kane County, Illinois . ► 69527' 8 AGREEMENT IN LIEU OF SPECIAL ASSESSMENT This agreement, mad and entered into on the ;Z.a,"=bei day of , 198 by and between the City of Elgin, hereinafter referred to as "City"; and the undersigned owner of record of property hereinafter described, hereinafter referred to as "Owner"; witnesseth: WHEREAS, Owner and City mutually agree that it is necessary and desirable to make local improvements along and upon North and South Weston Avenue from Larkin Avenue to Van Street consisting of street resurfacing and pavement along with storm sewer, curb and gutter; and WHEREAS, said improvements could be paid for by special assessment upon the adjoining properties benefitted thereby; and WHEREAS, Owner is owner of record of certain real estate fronting on the portion of North and South Weston Avenue proposed to be improved, more specifically described as: SEE ATTACHED LEGAL DESCRIPTION and commonly known as 19 South Weston Avenue which would be subject to special assessment in the event a special assess- ment was levied; and WHEREAS, City and Owner desire to enter into an agreement in lieu of special assessment providing for the sharing of costs for the replacement, construction and maintenance to the said portions of North and South Weston Avenue above described upon the terms and conditions contained herein; and WHEREAS, that portion of the cost of the proposed improvement to be borne by Owner is anticipated to be less than the cost of making the improve- ment by special assessment. NOW, THEREFORE, it is agreed by and between City and Owner that: 1 . For purpose of this agreement "abutting owners" shall be those persons who are owners of record of the real property fronting and adjoining North and South Weston Avenue along the area to be improved. 2. That the City shall cause the construction of a local improvement in the public right of ways known as North and South Weston Avenue from Larkin Avenue to Van Street in the City of Elgin, County of Kane, Illinois, consisting of street resurfacing and pavement, along with storm sewers, curb and gutter installation. Said construction shall begin no later than August 15, 1984 Provided, however, the City shall have no duty to make or cause said local improvements unless all abutting owners have entered into agreement with the City on terms and conditions as contained herein, no later than May 28, 1984 3. In the event all abutting owners fail or refuse to enter into a written agreement with the City on or before May 28, 1984 as provided in paragraph 2 above, City, at City's option: 1) may proceed to make the above described local improvements in which case this agreement shall remain bind- ing and effective, or; 2) may reject all agreements previously entered into including this agreement for said local improvements in which case abutting owners and Owner shall be released from the terms and conditions of this agreement. 4. Owner agrees to pay and shall pay $6.194.95 as his share of the cost for said improvements. Payment shall be made in full within sixty (60) days of the execution of this agreement by both Owner and City; provided Owner may, at Owner's option, pay Owner's share of the cost of improvements by payment in ten installments with interest at a rate of nine percent per annum. Interest on all outstanding balance shall begin accruing on August 1 , 1984 . Should Owner choose to pay by installment the first installment shall be due on or before January 2, 1985 and shall be a sum equal to $794.95 plus nine percent interest as provided above. All subsequent installments shall be made on or before January 2 of each subsequent year for nine (9) subsequent years and shall be a sum equal to $600.00 plus interest as provided above. Provided, that Owner may, at any time, pay the entire outstanding balance, including any accrued interest and shall then be relieved of any further obligations hereunder. 5. Owner's payment shall be made at the office of the City Finance Director, 150 Dexter Court, Elgin, Illinois. 6. That this agreement, upon execution, shall be recorded with the Recorder of Deeds at Kane County, Illinois and shall constitute and be construed as a lien agreement in lieu of special assessment as security for payment of Owner's share of the improvement described herein. This agreement shall constitute a lien upon the property legally described herein to the extent of Owners commitment in paragraph 4 above until same is paid in full . A legal description of property subject to said lien is attached hereto and made a part hereof by reference. This agreement shall be binding on Owners, successors, heirs and assigns. - 1c? -;12-4 OWNS -2- STATE OF ILLINOIS) ) SS COUNTY OF KANE ) ACKNOWLEDGEMENT I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that A)dral g. g/,F 'z I /iEfZ personally known to me to be the same persons whose names are subscribed to the foregoing instrument appeared before me this day in person, and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act, for the uses and purposes therein set forth. •� Given under my hand and official seal this 2- day of o+okc rz. , l9$ 1 1 Commission Expires //.— / G , 19 ?7. CITY OF . LGIN,1 1 ° By AiL. Attest: 4, City Clerk This Instrument Prepared By: Daniel P. Blondin City of Elgin 150 Dexter Court Elgin, Illinois 60120 (312)695-6500, Ext. 217 • AGREEMENT IN LIEU OF SPECIAL ASSESSMENT This agreement, made and entered into on the ;z a." day of , 1983 by and between the City of Elgin, hereinafter referred to as "City"; and the undersigned owner of record of property hereinafter described, hereinafter referred to as "Owner"; witnesseth: WHEREAS, Owner and City mutually agree that it is necessary and desirable to make local improvements along and upon North and South Weston Avenue from Larkin Avenue to Van Street consisting of street resurfacing and pavement along with storm sewer, curb and gutter; and WHEREAS, said improvements could be paid for by special assessment upon the adjoining properties benefitted thereby; and WHEREAS, Owner is owner of record of certain real estate fronting on the portion of North and South Weston Avenue proposed to be improved, more specifically described as: SEE ATTACHED LEGAL DESCRIPTION and commonly known as 19 South Weston Avenue which would be subject to special assessment in the event a special assess- ment was levied; and WHEREAS, City and Owner desire to enter into an agreement in lieu of special assessment providing for the sharing of costs for the replacement, construction and maintenance to the said portions of North and South Weston Avenue above described upon the terms and conditions contained herein; and WHEREAS, that portion of the cost of the proposed improvement to be borne by Owner is anticipated to be less than the cost of making the improve- ment by special assessment. NOW, THEREFORE, it is agreed by and between City and Owner that: 1 . For purpose of this agreement "abutting owners" shall be those persons who are owners of record of the real property fronting and adjoining North and South Weston Avenue along the area to be improved. 2. That the City shall cause the construction of a local improvement in the public right of ways known as North and South Weston Avenue from Larkin Avenue to Van Street in the City of Elgin, County of Kane, Illinois, consisting of street resurfacing and pavement, along with storm sewers, curb and gutter installation. Said construction shall begin no later than August 15, 1984 Provided, however, the City shall have no duty to make or cause said local improvements unless all abutting owners have entered into agreement with the City on terms and conditions as contained herein, no later than May 28, 1984 3. In the event all abutting owners fail or refuse to enter into a written agreement with the City on or before May 28, 1984 as provided in paragraph 2 above, City, at City's option: 1) may proceed to make the above described local improvements in which case this agreement shall remain bind- ing and effective, or; 2) may reject all agreements previously entered into including this agreement for said local improvements in which case abutting owners and Owner shall be released from the terms and conditions of this agreement. 4. Owner agrees to pay and shall pay $6.194.95 as his share of the cost for said improvements. Payment shall be made in full within sixty (60) days of the execution of this agreement by both Owner and City; provided Owner may, at Owner's option, pay Owner's share of the cost of improvements by payment in ten installments with interest at a rate of nine percent per annum. Interest on all outstanding balance shall begin accruing on August 1 , 1984 . Should Owner choose to pay by installment the first installment shall be due on or before January 2, 1985 and shall be a sum equal to $794.95 plus nine percent interest as provided above. All subsequent installments shall be made on or before January 2 of each subsequent year for nine (9) subsequent years and shall be a sum equal to $600.00 plus interest as provided above. Provided, that Owner may, at any time, pay the entire outstanding balance, including any accrued interest and shall then be relieved of any further obligations hereunder. 5. Owner's payment shall be made at the office of the City Finance Director, 150 Dexter Court, Elgin, Illinois. 6. That this agreement, upon execution, shall be recorded with the Recorder of Deeds at Kane County, Illinois and shall constitute and be construed as a lien agreement in lieu of special assessment as security for payment of Owner's share of the improvement described herein. This agreement shall constitute a lien upon the property legally described herein to the extent of Owners commitment in paragraph 4 above until same is paid in full . A legal description of property subject to said lien is attached hereto and made a part hereof by reference. This agreement shall be binding on Owners, successors, heirs and assigns. .19.)0,7%, ca.L ...07.)).__age, ,, OWN -2- • STATE OF ILLINOIS) ) SS COUNTY OF KANE ) ACKNOWLEDGEMENT I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Rich A1g• llF,fz L f fr2,(y-rov„g P X, '2 personally known to me to be the same persons whose names are subscribed to the foregoing instrument appeared before me this day in person, and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act, for the uses and purposes therein set forth. Given under my hand and official seal this ,2.2.0 day of l�cvl-010 P rz , 199 ' Commission Expires //.— / , , 192??. CITY OF ELGIN, By Attest: City Clerk This Instrument Prepared By: Daniel P. Blondin City of Elgin 150 Dexter Court Elgin, Illinois 60120 (312)695-6500, Ext. 217 AGREEMENT IN LIEU OF SPECIAL ASSESSMENT This agreement, de and entered into on the I( day of -- rn , 19 by and between the City of Elgin, hereinafter �a cn referred to as "City"; and the undersigned owner of record of property `v hereinafter described, hereinafter referred to as "Owner"; witnesseth: WHEREAS, Owner and City mutually agree that it is necessary and desirable to make local improvements along and upon North and South Weston Avenue from Larkin Avenue to Van Street consisting of street F r resurfacing and pavement along with storm sewer, curb and gutter; an4E rn WHEREAS, said improvements could be paid for by special assessm@gv`' ' 'r upon the adjoining properties benefitted thereby; and WHEREAS, Owner is owner of record of certain real estate fronting the portion of North and South Weston Avenue proposed to be improved, more specifically described as: Lot 10 in Gubbins & Funk's Subdivision of the City of Elgin, Kane County, Illinois. and commonly known as 14 South Weston Avenue which would be subject to special assessment in the event a special assess- ment was levied; and WHEREAS, City and Owner desire to enter into an agreement in lieu of special assessment providing for the sharing of costs for the replacement, construction and maintenance to the said portions of North and South Weston Avenue above described upon the terms and conditions contained herein; and WHEREAS, that portion of the cost of the proposed improvement to be borne by Owner is anticipated to be less than the cost of making the improve- ment by special assessment. NOW, THEREFORE, it is agreed by and between City and Owner that: 1 . For purpose of this agreement "abutting owners" shall be those persons who are owners of record of the real property fronting and adjoining North and South Weston Avenue along the area to be improved. 2. That the City shall cause the construction of a local improvement in the public right of ways known as North and South Weston Avenue from Larkin Avenue to Van Street in the City of Elgin, County of Kane, Illinois, consisting of street resurfacing and pavement, along with storm sewers, curb and gutter installation. Said construction shall begin no later than August 15, 1984 Provided, however, the City shall have no duty to make or cause said 69527E "'°° F local improvements unless all abutting owners have entered into agreement with the City on terms and conditions as contained herein, no later than May 28, 1984 3. In the event all abutting owners fail or refuse to enter into a written agreement with the City on or before May 28, 1984 as provided in paragraph 2 above, City, at City's option: 1 ) may proceed to make the above described local improvements in which case this agreement shall remain bind- ing and effective, or; 2) may reject all agreements previously entered into including this agreement for said local improvements in which case abutting owners and Owner shall be released from the terms and conditions of this agreement. 4. Owner agrees to pay and shall pay $6,939.65 as his share of the cost for said improvements. Payment shall be made in full within sixty (60) days of the execution of this agreement by both Owner and City; provided Owner may, at Owner's option, pay Owner's share of the cost of improvements by payment in ten installments with interest at a rate of nine percent per annum. Interest on all outstanding balance shall begin accruing on August 1 , 1984 . Should Owner choose to pay by installment the first installment shall be due on or before January 2, 1985 and shall be a sum equal to $729.65 plus nine percent interest as provided above. All subsequent installments shall be made on or before January 2 of each subsequent year for nine (9) subsequent years and shall be a sum equal to $690.00 plus interest as provided above. Provided, that Owner may, at any time, pay the entire outstanding balance, including any accrued interest and shall then be relieved of any further obligations hereunder. 5. Owner's payment shall be made at the office of the City Finance Director, 150 Dexter Court, Elgin, Illinois. 6. That this agreement, upon execution, shall be recorded with the Recorder of Deeds at Kane County, Illinois and shall constitute and be construed as a lien agreement in lieu of special assessment as security for payment of Owner's share of the improvement described herein. This agreement shall constitute a lien upon the property legally described herein to the extent of Owners commitment in paragraph 4 above until same is paid in full . A legal description of property subject to said lien is attached hereto and made a part hereof by reference. This agreement shall be binding on Owners, successors, heirs and assigns. )24-4 't/ 6' 95276 OWNER -2- STATE OF ILLINOIS) ) SS COUNTY OF KANE ) ACKNOWLEDGEMENT I, the undersigned, a Notary Public iz_and fiT said ,Couny, in the State aforesaid, DO HEREBY CERTIFY that /J y /A.,44 4, personally known to me to be the same persons whose names are subscribe to the foregoing instrument appeared before me this day in person, and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act, for the uses and purposes therein set forth. Give underlmy hand and official seal this 1 day of • Commission Expires $- 9 , 19g7. ` CI I . IN, •'---0 } By i# LI.,1.4 /. e_ ' Attest: Cit y Clerk This Instrument Prepared By: Daniel P. Blondin D°/ City of Elgin 6 1 150 Dexter Court Elgin,, Illinois 60120 (312)695=6500, Ext. 217 P r. • • • • 1695276 AGREEMENT IN LIEU OF SPECIAL ASSESSMENT This agreement, made and entered into on the 11 day of , 198/ by and between the City of Elgin, hereinafter referred to as "City"; and the undersigned owner of record of property hereinafter described, hereinafter referred to as "Owner"; witnesseth: WHEREAS, Owner and City mutually agree that it is necessary and desirable to make local improvements along and upon North and South Weston Avenue from Larkin Avenue to Van Street consisting of street resurfacing and pavement along with storm sewer, curb and gutter; and WHEREAS, said improvements could be paid for by special assessment upon the adjoining properties benefitted thereby; and WHEREAS, Owner is owner of record of certain real estate fronting on the portion of North and South Weston Avenue proposed to be improved, more specifically described as: Lot 10 in Gubbins & Funk's Subdivision of the City of Elgin, Kane County, Illinois. and commonly known as 14 South Weston Avenue which would be subject to special assessment in the event a special assess- ment was levied; and WHEREAS, City and Owner desire to enter into an agreement in lieu of special assessment providing for the sharing of costs for the replacement, construction and maintenance to the said portions of North and South Weston Avenue above described upon the terms and conditions contained herein; and WHEREAS, that portion of the cost of the proposed improvement to be borne by Owner is anticipated to be less than the cost of making the improve- ment by special assessment. NOW, THEREFORE, it is agreed by and between City and Owner that: 1 . For purpose of this agreement "abutting owners" shall be those persons who are owners of record of the real property fronting and adjoining North and South Weston Avenue along the area to be improved. 2. That the City shall cause the construction of a local improvement in the public right of ways known as North and South Weston Avenue from Larkin Avenue to Van Street in the City of Elgin, County of Kane, Illinois, consisting of street resurfacing and pavement, along with storm sewers, curb and gutter installation. Said construction shall begin no later than August 15, 1984 Provided, however, the City shall have no duty to make or cause said local improvements unless all abutting owners have entered into agreement with the City on terms and conditions as contained herein, no later than May 28, 1984 3. In the event all abutting owners fail or refuse to enter into a written agreement with the City on or before May 28, 1984 as provided in paragraph 2 above, City, at City's option: 1) may proceed to make the above described local improvements in which case this agreement shall remain bind- ing and effective, or; 2) may reject all agreements previously entered into including this agreement for said local improvements in which case abutting owners and Owner shall be released from the terms and conditions of this agreement. 4. Owner agrees to pay and shall pay $6,939.65 as his share of the cost for said improvements. Payment shall be made in full within sixty (60) days of the execution of this agreement by both Owner and City; provided Owner may, at Owner's option, pay Owner's share of the cost of improvements by payment in ten installments with interest at a rate of nine percent per annum. Interest on all outstanding balance shall begin accruing on August 1 , 1984 . Should Owner choose to pay by installment the first installment shall be due on or before January 2, 1985 and shall be a sum equal to $729.65 plus nine percent interest as provided above. All subsequent installments shall be made on or before January 2 of each subsequent year for nine (9) subsequent years and shall be a sum equal to $690.00 plus interest as provided above. Provided, that Owner may, at any time, pay the entire outstanding balance, including any accrued interest and shall then be relieved of any further obligations hereunder. 5. Owner's payment shall be made at the office of the City Finance Director, 150 Dexter Court, Elgin, Illinois. 6. That this agreement, upon execution, shall be recorded with the Recorder of Deeds at Kane County, Illinois and shall constitute and be construed as a lien agreement in lieu of special assessment as security for payment of Owner's share of the improvement described herein. This agreement shall constitute a lien upon the property legally described herein to the extent of Owners commitment in paragraph 4 above until same is paid in full . A legal description of property subject to said lien is attached hereto and made a part hereof by reference. This agreement shall be binding on Owners, successors, heirs and assigns. WS ER -2- O.btt-u j-;- � A2.ct�`� • STATE OF ILLINOIS) ) SS COUNTY OF KANE ) ACKNOWLEDGEMENT I, the undersigned, a Notary Public in and for said County in the State aforesaid, DO HEREBY CERTIFY thatp_gtiQ personally known to me to be the same persons whose names are subscribed to the foregoing instrument appeared before me this day in person, and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act, for the uses and purposes therein set forth. Given under my hand and official seal this j at-day of 195S4. Commission Expires , 1957. CIT I GIN, p By Shit LA i 1 Attest: City Clerk L This Instrument Prepared By: Daniel P. Blondin City of Elgin 150 Dexter Court Elgin, Illinois 60120 (312)695-6500, Ext. 217 AGREEMENT IN LIEU OF SPECIAL ASSESSMENT This agreement, made and entered into on the day of , 1983 by and between the City of Elgin, hereinafter referred to as "City"; and the undersigned owner of record of property hereinafter described, hereinafter referred to as "Owner"; witnesseth: WHEREAS, Owner and City mutually agree that it is necessary and desirable to make local improvements along and upon North and South Weston Avenue from Larkin Avenue to Van Street consisting of street resurfacing and pavement along with storm sewer, curb and gutter; and WHEREAS, said improvements could be paid for by special assessment upon the adjoining properties benefitted thereby; and WHEREAS, Owner is owner of record of certain real estate fronting on the portion of North and South Weston Avenue proposed to be improved, more specifically described as: Lot 10 in Gubbins & Funk's Subdivision of the City of Elgin, Kane County, Illinois. and commonly known as 14 South Weston Avenue which would be subject to special assessment in the event a special assess- ment was levied; and WHEREAS, City and Owner desire to enter into an agreement in lieu of special assessment providing for the sharing of costs for the replacement, construction and maintenance to the said portions of North and South Weston Avenue above described upon the terms and conditions contained herein; and WHEREAS, that portion of the cost of the proposed improvement to be borne by Owner is anticipated to be less than the cost of making the improve- ment by special assessment. NOW, THEREFORE, it is agreed by and between City and Owner that: 1 . For purpose of this agreement "abutting owners" shall be those persons who are owners of record of the real property fronting and adjoining North and South Weston Avenue along the area to be improved. 2. That the City shall cause the construction of a local improvement in the public right of ways known as North and South Weston Avenue from Larkin Avenue to Van Street in the City of Elgin, County of Kane, Illinois, consisting of street resurfacing and pavement, along with storm sewers, curb and gutter installation. Said construction shall begin no later than August 15, 1984 Provided, however, the City shall have no duty to make or cause said local improvements unless all abutting owners have entered into agreement with the City on terms and conditions as contained herein, no later than May 28, 1984 3. In the event all abutting owners fail or refuse to enter into a written agreement with the City on or before May 28, 1984 as provided in paragraph 2 above, City, at City's option: 1) may proceed to make the above described local improvements in which case this agreement shall remain bind- ing and effective, or; 2) may reject all agreements previously entered into including this agreement for said local improvements in which case abutting owners and Owner shall be released from the terms and conditions of this agreement. 4. Owner agrees to pay and shall pay $6,939.65 as his share of the cost for said improvements. Payment shall be made in full within sixty (60) days of the execution of this agreement by both Owner and City; provided Owner may, at Owner's option, pay Owner's share of the cost of improvements by payment in ten installments with interest at a rate of nine percent per annum. Interest on all outstanding balance shall begin accruing on August 1 , 1984 . Should Owner choose to pay by installment the first installment shall be due on or before January 2, 1985 and shall be a sum equal to $729.65 plus nine percent interest as provided above. All subsequent installments shall be made on or before January 2 of each subsequent year for nine (9) subsequent years and shall be a sum equal to $690.00 plus interest as provided above. Provided, that Owner may, at any time, pay the entire outstanding balance, including any accrued interest and shall then be relieved of any further obligations hereunder. 5. Owner's payment shall be made at the office of the City Finance Director, 150 Dexter Court, Elgin, Illinois. 6. That this agreement, upon execution, shall be recorded with the Recorder of Deeds at Kane County, Illinois and shall constitute and be construed as a lien agreement in lieu of special assessment as security for payment of Owner's share of the improvement described herein. This agreement shall constitute a lien upon the property legally described herein to the extent of Owners commitment in paragraph 4 above until same is paid in full . A legal description of property subject to said lien is attached hereto and made a part hereof by reference. This agreement shall be binding on Owners, successors, heirs and assigns. ) ^ f'1x'"Y'Le4 /— ER -2- .. «� 0,/c{t{,--vi STATE OF ILLINOIS) ) SS COUNTY OF KANE ) ACKNOWLEDGEMENT I, the undersigned, a Notary Public in and for said County in the State aforesaid, DO HEREBY CERTIFY that ���,�,�„ „,,,,�, ;�_II personally known to me to be the same persons whose names are subscribed to the foregoing instrument appeared before me this day in person, and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act, for the uses and purposes therein set forth. Given under my hand and official seal this / g— day of , 1950. 2S. 8 Commission Expires S'-ag , 197. CITY OF ELGIN, By Attest: City Clerk This Instrument Prepared By: Daniel P. Blondin City of Elgin 150 Dexter Court Elgin, Illinois 60120 (312)695-6500, Ext. 217 AGREEMENT IN LIEU OF SPECIAL ASSESSMENT This agreement, madt and entered into on the if day of 0', , 198 by and between the City of Elgin, hereinafter referred to as "City"; and the undersigned owner of record of property hereinafter described, hereinafter referred to as "Owner"; witnesseth: WHEREAS, Owner and City mutually agree that it is necessary and desirable to make local improvements along and upon North and South Weston Avenue from Larkin Avenue to Van Street consisting of street resurfacing and pavement along with storm sewer, curb and gutter; and WHEREAS, said improvements could be paid for by special assessment upon the adjoining properties benefitted thereby; and WHEREAS, Owner is owner of record of certain real estate fronting on the portion of North and South Weston Avenue proposed to be improved, more specifically described as: SEE ATTACHED LEGAL DESCRIPTION and commonly known as q South Weston Avenue which would be subject to special assessment in the event a special assess- ment was levied; and WHEREAS, City and Owner desire to enter into an agreement in lieu of special assessment providing for the sharing of costs for the replacement, construction and maintenance to the said portions of North and South Weston Avenue above described upon the terms and conditions contained herein; and WHEREAS, that portion of the cost of the proposed improvement to be borne by Owner is anticipated to be less than the cost of making the improve- ment by special assessment. NOW, THEREFORE, it is agreed by and between City and Owner that: 1 . For purpose of this agreement "abutting owners" shall be those persons who are owners of record of the real property fronting and adjoining North and South Weston Avenue along the area to be improved. 2. That the City shall cause the construction of a local improvement in the public right of ways known as North and South Weston Avenue from Larkin Avenue to Van Street in the City of Elgin, County of Kane, Illinois, consisting of street resurfacing and pavement, along with storm sewers, curb and gutter installation. Said construction shall begin no later than August 15, 1984 Provided, however, the City shall have no duty to make or cause said local improvements unless all abutting owners have entered into agreement with the City on terms and conditions as contained herein, no later than May 28, 1984 3. In the event all abutting owners fail or refuse to enter into a written agreement with the City on or before May 28, 1984 as provided in paragraph 2 above, City, at City's option: 1) may proceed to make the above described local improvements in which case this agreement shall remain bind- ing and effective, or; 2) may reject all agreements previously entered into including this agreement for said local improvements in which case abutting owners and Owner shall be released from the terms and conditions of this agreement. 4. Owner agrees to pay and shall pay $5,504.25 as his share of the cost for said improvements. Payment shall be made in full within sixty (60) days of the execution of this agreement by both Owner and City; provided Owner may, at Owner's option, pay Owner's share of the cost of improvements by payment in ten installments with interest at a rate of nine percent per annum. Interest on all outstanding balance shall begin accruing on August 1 , 1984 . Should Owner choose to pay by installment the first installment shall be due on or before January 2, 1985 and shall be a sum equal to $554.25 _ plus nine percent interest as provided above. All subsequent installments shall be made on or before January 2 of each subsequent year for nine (9) subsequent years and shall be a sum equal to $550.00 plus interest as provided above. Provided, that Owner may, at any time, pay the entire outstanding balance, including any accrued interest and shall then be relieved of any further obligations hereunder. 5. Owner's payment shall be made at the office of the City Finance Director, 150 Dexter Court, Elgin, Illinois. 6. That this agreement, upon execution, shall be recorded with the Recorder of Deeds at Kane County, Illinois and shall constitute and be construed as a lien agreement in lieu of special assessment as security for payment of Owner's share of the improvement described herein. This agreement shall constitute a lien upon the property legally described herein to the extent of Owners commitment in paragraph 4 above until same is paid in full . A legal description of property subject to said lien is attached hereto and made a part hereof by reference. This agreement shall be binding on Owners, successors, heirs and assigns. 14,,,erte ftiwNER STATE OF ILLINOIS) ) SS COUNTY OF KANE ) ACKNOWLEDGEMENT I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that .je/,,.,) 5, yaz7-g- Sa„..�r1i2� S. 1.40,, t personally known to me to be the same persons whose names are subscribed to the foregoing instrument appeared before me this day in person, and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act, for the uses and purposes therein set forth. Given under my hand and official seal this 7 day of 1964'. ` Commission Expires , 193-1 CI I F E►,G IN, / /AL_ By l. AAA Attest: City Clerk This Instrument Prepared By: Daniel P. Blondin City of Elgin 150 Dexter Court Elgin, Illinois 60120 (312)695-6500, Ext. 217 Legal Description of 9 South Weston Avenue: That part of the southeast quarter of Section 15, Township 41 North, Range 8 East of the Third Principal Meridian, des- cribed as follows: Commencing at the point of intersection of the centerline of West Chicago Street with the centerline of Clifton Avenue, thence southerly along the centerline of Clifton Avenue, 165.35 feet; thence westerly at right angles to said centerline of Clifton Avenue 169.5 feet for the point of begin- ning; thence continuing westerly along the last described line 136.5 feet; thence northerly parallel with the centerline of Clifton Avenue 165.35 feet to the centerline extended west of West Chicago Street; thence easterly along said extended centerline of West Chicago Street 136.5 feet; thence southerly parallel with the centerline of Clifton Avenue 165.35 feet to the point of beginning (except the southerly 90.35 feet. ) in the Township of Elgin,Kane County, Illinois. AGREEMENT IN LIEU OF SPECIAL ASSESSMENT This agreement, made and entered into on the day of , 1983 by and between the City of Elgin, hereinafter referred to as "City"; and the undersigned owner of record of property hereinafter described, hereinafter referred to as "Owner"; witnesseth: WHEREAS, Owner and City mutually agree that it is necessary and desirable to make local improvements along and upon North and South Weston Avenue from Larkin Avenue to Van Street consisting of street resurfacing and pavement along with storm sewer, curb and gutter; and WHEREAS, said improvements could be paid for by special assessment upon the adjoining properties benefitted thereby; and WHEREAS, Owner is owner of record of certain real estate fronting on the portion of North and South Weston Avenue proposed to be improved, more specifically described as: SEE ATTACHED LEGAL DESCRIPTION and commonly known as q South Weston Avenue which would be subject to special assessment in the event a special assess- ment was levied; and WHEREAS, City and Owner desire to enter into an agreement in lieu of special assessment providing for the sharing of costs for the replacement, construction and maintenance to the said portions of North and South Weston Avenue above described upon the terms and conditions contained herein; and WHEREAS, that portion of the cost of the proposed improvement to be borne by Owner is anticipated to be less than the cost of making the improve- ment by special assessment. NOW, THEREFORE, it is agreed by and between City and Owner that: 1 . For purpose of this agreement "abutting owners" shall be those persons who are owners of record of the real property fronting and adjoining North and South Weston Avenue along the area to be improved. 2. That the City shall cause the construction of a local improvement in the public right of ways known as North and South Weston Avenue from Larkin Avenue to Van Street in the City of Elgin, County of Kane, Illinois, s consisting of street resurfacing and pavement, along with storm sewers, curb and gutter installation. Said construction shall begin no later than August 15, 1984 Provided, however, the City shall have no duty to make or cause said local improvements unless all abutting owners have entered into agreement with the City on terms and conditions as contained herein, no later than May 28, 1984 3. In the event all abutting owners fail or refuse to enter into a written agreement with the City on or before May 28, 1984 as provided in paragraph 2 above, City, at City's option: 1) may proceed to make the above described local improvements in which case this agreement shall remain bind- ing and effective, or; 2) may reject all agreements previously entered into 1 including this agreement for said local improvements in which case abutting owners and Owner shall be released from the terms and conditions of this agreement. 4. Owner agrees to pay and shall pay $5,504.25 as his share of the cost for said improvements. Payment shall be made in full within sixty (60) days of the execution of this agreement by both Owner and City; provided Owner may, at Owner's option, pay Owner's share of the cost of improvements by payment in ten installments with interest at a rate of nine percent per annum. Interest on all outstanding balance shall begin accruing on August 1 , 1984 . Should Owner choose to pay by installment the first installment shall be due on or before January 2, 1985 and shall be a sum equal to $554.25 plus nine percent interest as provided above. All subsequent installments shall be made on or before January 2 of each subsequent year for nine (9) subsequent years and shall be a sum equal to $550.00 plus interest as provided above. Provided, that Owner may, at any time, pay the entire outstanding balance, including any accrued interest and shall then be relieved of any further obligations hereunder. 5. Owner's payment shall be made at the office of the City Finance Director, 150 Dexter Court, Elgin, Illinois. 6. That this agreement, upon execution, shall be recorded with the Recorder of Deeds at Kane County, Illinois and shall constitute and be construed as a lien agreement in lieu of special assessment as security for payment of Owner's share of the improvement described herein. This agreement shall constitute a lien upon the property legally described herein to the extent of Owners commitment in paragraph 4 above until same is paid in full . A legal description of property subject to said lien is attached hereto and made a part hereof by reference. This agreement shall be binding on Owners, successors, heirs and assigns. Ale /aWNER :, , , —2— . STATE OF ILLINOIS) ) SS COUNTY OF KANE ) ACKNOWLEDGEMENT I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Z h n/ 5_ Ajax i 4- 5 /J L S. 1a personally known to me to be the same persons whose names are subscribed to the foregoing instrument appeared before me this day in person, and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act, for the uses and purposes therein set forth. Given under my hand and official seal this 7 day of �-• ��.ea� 19$4/• ,9 . � ' Cormission Expires aQj , 1937. CITY OF ELGIN, By Attest: City Clerk This Instrument Prepared By: Daniel P. Blondin City of Elgin 150 Dexter Court Elgin, Illinois 60120 (312)695-6500, Ext. 217 Legal Description of 9 South Weston Avenue: That part of the southeast quarter of Section 15, Township 41 North, Range 8 East of the Third Principal Meridian, des- cribed as follows: Commencing at the point of intersection of the centerline of West Chicago Street with the centerline of Clifton Avenue, thence southerly along the centerline of Clifton Avenue, 165.35 feet; thence westerly at right angles to said centerline of Clifton Avenue 169.5 feet for the point of begin- ning; thence continuing westerly along the last described line 136.5 feet; thence northerly parallel with the centerline of Clifton Avenue 165.35 feet to the centerline extended west of West Chicago Street; thence easterly along said extended centerline of West Chicago Street 136.5 feet; thence southerly parallel with the centerline of Clifton Avenue 165.35 feet to the point of beginning (except the southerly 90.35 feet. ) in the Township of Elgin,Kane County, Illinois. AGREEMENT IN LIEU OF SPECIAL ASSESSMENT -- rn This agreement, ,ie and entered into on the II day of ca cr CPAID � ECL 1944 by and between the City of Elgin, hereinafter co referred to as "City"; and the undersigned owner of record of property ° hereinafter described, hereinafter referred to as "Owner"; witnesseth: WHEREAS, Owner and City mutually agree that it is necessary and desirable to make local improvements along and upon North and Southe rn rF V, Weston Avenue from Larkin Avenue to Van Street consisting of streets rn {- - resurfacing and pavement along with storm sewer, curb and gutter; anck WHEREAS, said improvements could be paid for by special assessmert `�_ - upon the adjoining properties benefitted thereby; and -. - WHEREAS, Owner is owner of record of certain real estate fronting on the portion of North and South Weston Avenue proposed to be improved, more specifically described as: SEE ATTACHED LEGAL DESCRIPTION and commonly known as 4 Snuth Weston Avenue which would be subject to special assessment in the event a special assess- ment was levied; and WHEREAS, City and Owner desire to enter into an agreement in lieu of special assessment providing for the sharing of costs for the replacement, construction and maintenance to the said portions of North and South Weston Avenue above described upon the terms and conditions contained herein; and WHEREAS, that portion of the cost of the proposed improvement to be borne by Owner is anticipated to be less than the cost of making the improve- ment by special assessment. NOW, THEREFORE, it is agreed by and between City and Owner that: 1 . For purpose of this agreement "abutting owners" shall be those persons,who are owners of record of the real property fronting and adjoining North and South Weston Avenue along the area to be improved. 2. That the City shall cause the construction of a local improvement in the public right of ways known as North and South Weston Avenue from Larkin Avenue to Van Street in the City of Elgin, County of Kane, Illinois, consisting of street resurfacing and pavement, along with storm sewers, curb and gutter installation. Said construction shall begin no later than August 15, 1984 Provided, however, the City shall have no duty to make or cause said 1 6 9 5 2 8 Q 7o0 local improvements unless all abutting owners have entered into agreement with the City on terms and conditions as contained herein, no later than May 28, 1984 3. In the event all abutting owners fail or refuse to enter into a written agreement with the City on or before May 28, 1984 as provided in paragraph 2 above, City, at City's option: 1 ) may proceed to make the above described local improvements in which case this agreement shall remain bind- ing and effective, or; 2) may reject all agreements previously entered into including this agreement for said local improvements in which case abutting owners and Owner shall be released from the terms and conditions of this agreement. 4. Owner agrees to pay and shall pay $5,504.25 as his share of the cost for said improvements. Payment shall be made in full within sixty (60) days of the execution of this agreement by both Owner and City; provided Owner may, at Owner's option, pay Owner's share of the cost of improvements by payment in ten installments with interest at a rate of nine percent per annum. Interest on all outstanding balance shall begin accruing on August 1 , 1984 . Should Owner choose to pay by installment the first installment shall be due on or before January 2, 1985 and shall be a sum equal to $554.25 plus nine percent interest as provided above. All subsequent installments shall be made on or before January 2 of each subsequent year for nine (9) subsequent years and shall be a sum equal to $550.00 plus interest as provided above. Provided, that Owner may, at any time, pay the entire outstanding balance, including any accrued interest and shall then be relieved of any further obligations hereunder. 5. Owner's payment shall be made at the office of the City Finance Director, 150 Dexter Court, Elgin, Illinois. 6. That this agreement, upon execution, shall be recorded with the Recorder of Deeds at Kane County, Illinois and shall constitute and be construed as a lien agreement in lieu of special assessment as security for payment of Owner's share of the improvement described herein. This agreement shall constitute a lien upon the property legally described herein to the extent of Owners commitment in paragraph 4 above until same is paid in full . A legal description of property subject to said lien is attached hereto and made a part hereof by reference. This agreement shall be binding on Owners, successors, heirs and assigns. 1144— dig OWNER i 695280 -2- • STATE OF ILLINOIS) ) SS COUNTY OF KANE ) ACKNOWLEDGEMENT I, the undersigned, a Notary Public in and for sa'd County, , the State aforesaid, DO HEREBY CERTIFY that , ,g. personally known to me to be the same persons wfose n s are subscribed to the foregoing instrument appeared before me this day in person, and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act, for the uses and purposes therein set forth. Given under my hand and official seal this / day of --)::-;- 4,,,A__ , 19 CiaL,,,,,,,) /2 b' Commission Expires a -a ? , 19 -7. CITY 0 " I ' ii.`.. :fit J r. / By ;Wild .�L/; S A d 'Attest.' Ilk-A ec..91.-e.....12—,4 City Clerk This Instrument Prepared By: Daniel P. Blondin o City of Elgin 150 Dexter Court (‘)I Elgin, Illinois 60120 (312)695-6500, Ext. 217 1b95200 Legal Description of 9 South Weston Avenue: That part of the southeast quarter of Section 15, Township 41 North, Range 8 East of the Third Principal Meridian, des- cribed as follows: Commencing at the point of intersection of the centerline of West Chicago Street with the centerline of Clifton Avenue, thence southerly along the centerline of Clifton Avenue, 165.35 feet; thence westerly at right angles to said centerline of Clifton Avenue 169.5 feet for the point of begin- ning; thence continuing westerly along the last described line 136.5 feet; thence northerly parallel with the centerline of Clifton Avenue 165.35 feet to the centerline extended west of West Chicago Street; thence easterly along said extended centerline of West Chicago Street 136.5 feet; thence southerly parallel with the centerline of Clifton Avenue 165.35 feet to the point of beginning (except the southerly 90.35 feet. ) in the Township of Elgin,Kane County, Illinois. X695280 AGREEMENT IN LIEU OF SPECIAL ASSESSMENT This agreement, made and entered into on the ( day of -- � �-}- , 191 by and between the City of Elgin, hereinafter cc cn referred to as "City"; and the undersigned owner of record of property 1%.3 rn hereinafter described, hereinafter referred to as "Owner"; witnesseth: c� WHEREAS, Owner and City mutually agree that it is necessary and desirable to make local improvements along and upon North and South Weston Avenue from Larkin Avenue to Van Street consisting of street ZS5 z r n c, 1471 resurfacing and pavement along with storm sewer, curb and gutter; and o r r:rEE rn WHEREAS, said improvements could be paid for by special assessment•!` upon the adjoining properties benefitted thereby; and -< c:) WHEREAS, Owner is owner of record of certain real estate fronting • c on the portion of North and South Weston Avenue proposed to be improved, more specifically described as: Lot 8 in Gubbins & Funk's Subdivision of the City of Elgin, Kane County, Illinois. and commonly known as 26 South Weston Avenue which would be subject to special assessment in the event a special assess- ment was levied; and WHEREAS, City and Owner desire to enter into an agreement in lieu of special assessment providing for the sharing of costs for the replacement, construction and maintenance to the said portions of North and South Weston Avenue above described upon the terms and conditions contained herein; and WHEREAS, that portion of the cost of the proposed improvement to be borne by Owner is anticipated to be less than the cost of making the improve- ment by special assessment. NOW, THEREFORE, it is agreed by and between City and Owner that: 1 . For purpose of this agreement "abutting owners" shall be those persons who are owners of record of the real property fronting and adjoining North and South Weston Avenue along the area to be improved. 2. That the City shall cause the construction of a local improvement in the public right of ways known as North and South Weston Avenue from Larkin Avenue to Van Street in the City of Elgin, County of Kane, Illinois, consisting of street resurfacing and pavement, along with storm sewers, curb and gutter installation. Said construction shall begin no later than August 15, 1984 Provided, however, the City shall have no duty to make or cause said 1695269 U° ;^ local improvements unless all abutting owners have entered into agreement with the City on terms and conditions as contained herein, no later than May 28, 1984 3. In the event all abutting owners fail or refuse to enter into a written agreement with the City on or before May 28, 1984 as provided in paragraph 2 above, City, at City's option: 1 ) may proceed to make the above described local improvements in which case this agreement shall remain bind- ing and effective, or; 2) may reject all agreements previously entered into including this agreement for said local improvements in which case abutting owners and Owner shall be released from the terms and conditions of this agreement. 4. Owner agrees to pay and shall pay $7,080.85 as his share of the cost for said improvements. Payment shall be made in full within sixty (60) days of the execution of this agreement by both Owner and City; provided Owner may, at Owner's option, pay Owner's share of the cost of improvements by payment in ten installments with interest at a rate of nine percent per annum. Interest on all outstanding balance shall begin accruing on August 1 , 1984 . Should Owner choose to pay by installment the first installment shall be due on or before January 2, 1985 and shall be a sum equal to $780.85 plus nine percent interest as provided above. All subsequent installments shall be made on or before January 2 of each subsequent year for nine (9) subsequent years and shall be a sum equal to $700.00 plus interest as provided above. Provided, that Owner may, at any time, pay the entire outstanding balance, including any accrued interest and shall then be relieved of any further obligations hereunder. 5. Owner's payment shall be made at the office of the City Finance Director, 150 Dexter Court, Elgin, Illinois. 6. That this agreement, upon execution, shall be recorded with the Recorder of Deeds at Kane County, Illinois and shall constitute and be construed as a lien agreement in lieu of special assessment as security for payment of Owner's share of the improvement described herein. This agreement shall constitute a lien upon the property legally described herein to the extent of Owners commitment in paragraph 4 above until same is paid in full . A legal description of property subject to said lien is attached hereto and made a part hereof by reference. This agreement shall be binding on Owners, successors, heirs and assigns. WNER ,r 1695269 -2- STATE OF ILLINOIS) ) SS COUNTY OF KANE ) ACKNOWLEDGEMENT I, the undersigned, a Notary Public i nd for,haid County, in the State aforesaid, DO HEREBY CERTIFY that personally known to me to be the same persons whose names are subscribed to the foregoing instrument appeared before me this day in person, and acknowledged that they signed, sealed and delivered the said .instrument as their free and voluntary act, for the uses and purposes ^t inset forth. � 9 Gi en under my( vd and official seal this,-) day Of ■-.04a1(-4:1) i Commission Expire & / , 19g CITY t " ELG N, / By /LAstd . L. /. Attest: • City Clerk This Instrument Prepared By: Daniel P. Blondin u/ City of Elgin .,�6 150 Dexter Court Elgin, Illinois 60120 (312)695-6500, Ext. 217 C y • I •., �f 1695269 3 4 AGREEMENT IN LIEU OF SPECIAL ASSESSMENT -- 0 This agreement, le and entered into on the I ) day of CJI S 2+ . , 198/ by and between the City of Elgin, hereinafter referred to as "City"; and the undersigned owner of record of property hereinafter described, hereinafter referred to as "Owner"; witnesseth: WHEREAS, Owner and City mutually agree that it is necessary and desirable to make local improvements along and upon North and Soutfi ' r Weston Avenue from Larkin Avenue to Van Street consisting of street° r c5 r rn — C71- resurfacing and pavement along with storm sewer, curb and gutter; any <v r�q WHEREAS, said improvements could be paid for by special assessmlt .5 upon the adjoining properties benefitted thereby; and rn C WHEREAS, Owner is owner of record of certain real estate fronting on the portion of North and South Weston Avenue proposed to be improved, more specifically described as: Lot 7 in Gubbins & Funk's Subdivision of the City of Elgin, Kane County, Illinois. and commonly known as 36 South Weston Avenue which would be subject to special assessment in the event a special assess- ment was levied; and WHEREAS, City and Owner desire to enter into an agreement in lieu of special assessment providing for the sharing of costs for the replacement, construction and maintenance to the said portions of North and South Weston Avenue above described upon the terms and conditions contained herein; and WHEREAS, that portion of the cost of the proposed improvement to be borne by Owner is anticipated to be less than the cost of making the improve- ment by special assessment. NOW, THEREFORE, it is agreed by and between City and Owner that: 1 . For purpose of this agreement "abutting owners" shall be those persons who are owners of record of the real property fronting and adjoining North and South Weston Avenue along the area to be improved. 2. That the City shall cause the construction of a local improvement in the public right of ways known as North and South Weston Avenue from Larkin Avenue to Van Street in the City of Elgin, County of Kane, Illinois, consisting of street resurfacing and pavement, along with storm sewers, curb and gutter installation. Said construction shall begin no later than August 15, 1984 Provided, however, the City shall have no duty to make or cause said 1695270 �o local improvements unless all abutting owners have entered into agreement with the City on terms and conditions as contained herein, no later than May 28, 1984 3. In the event all abutting owners fail or refuse to enter into a written agreement with the City on or before May 28, 1984 as provided in paragraph 2 above, City, at City's option: 1) may proceed to make the above described local improvements in which case this agreement shall remain bind- ing and effective, or; 2) may reject all agreements previously entered into including this agreement for said local improvements in which case abutting owners and Owner shall be released from the terms and conditions of this agreement. 4. Owner agrees to pay and shall pay $2,750.84 as his share of the cost for said improvements. Payment shall be made in full within sixty (60) days of the execution of this agreement by both Owner and City; provided Owner may, at Owner's option, pay Owner's share of the cost of improvements by payment in ten installments with interest at a rate of nine percent per annum. Interest on all outstanding balance shall begin accruing on August 1 , 1984 . Should Owner choose to pay by installment the first installment shall be due on or before January 2, 1985 and shall be a sum equal to $275.84 plus nine percent interest as provided above. All subsequent installments shall be made on or before January 2 of each subsequent year for nine (9) subsequent years and shall be a sum equal to $275.00 plus interest as provided above. Provided, that Owner may, at any time, pay the entire outstanding balance, including any accrued interest and shall then be relieved of any further obligations hereunder. 5. Owner's payment shall be made at the office of the City Finance Director, 150 Dexter Court, Elgin, Illinois. 6. That this agreement, upon execution, shall be recorded with the Recorder of Deeds at Kane County, Illinois and shall constitute and be construed as a lien agreement in lieu of special assessment as security for payment of Owner' s share of the improvement described herein. This agreement shall constitute a lien upon the property legally described herein to the extent of Owners commitment in paragraph 4 above until same is paid in full . A legal description of property subject to said lien is attached hereto and made a part hereof by reference. This agreement shall be binding on Owners, successors, heirs and assigns. 1 1J 4.0 L G NE' 1 6952 70 -2- c STATE OF ILLINOIS) ) SS COUNTY OF KANE ) ACKNOWLEDGEMENT I, the undersigned, a Notary Public i 1 . d f•r -/. ' Co ty, i - the State aforesaid, DO HEREBY CERTIFY that ,r/ i ,1 •.I .4I1 4t 9 personally known to me to be the same perso s (se .mes . re sub 'ribed to the foregoing instrument appeared befor. t is -gay perso " and acknowledged that they signed, sealed and delivered he said instrument as their free and voluntary act, for the uses and purposes therein set forth. Gunder my hand and official seal this ) day of x D'63,2_41.;,-,) Commission Expires --c - c?' , 19g2 CIT i EL. IN, 4 ..„ ,..;,,,,. ....**, * ... ,,,'A \ test::.,7 -. - r A _ .cam_—_ i i City Clerk • This Instrument Prepared By: b Daniel P. Blondin bo . City of Elgin 150 Dexter Court Elgin, Illinois 60120 `J (312)695-6500, Ext. 217 `, ' 1695270 ... AGREEMENT IN LIEU OF SPECIAL ASSESSMENT This agreement, made and entered into on the j( day of c.p f. , 198 by and between the City of Elgin, hereinafter --� Cr) referred to as "City"; and the undersigned owner of record of property ca cn hereinafter described, hereinafter referred to as "Owner"; witnesseth: N.) WHEREAS, Owner and City mutually agree that it is necessary and desirable to make local improvements along and upon North and South Weston Avenue from Larkin Avenue to Van Street consisting of street resurfacing and pavement along with storm sewer, curb and gutter; Ad 4--- =01" c, 33Y , :I` L.,,, -.WHEREAS, said improvements could be paid for b y s p ecial ass sm ern t � -� upon the adjoining properties benefitted thereby; and : ;t-7 WHEREAS, Owner is owner of record of certain real estate fronting -, i- ': '0, on the portion of North and South Weston Avenue proposed to be improved, ::' r more specifically described as: SEE ATTACHED LEGAL DESCRIPTION and commonly known as ?9_South Weston Avenue which would be subject to special assessment in the event a special assess- ment was levied; and WHEREAS, City and Owner desire to enter into an agreement in lieu of special assessment providing for the sharing of costs for the replacement, construction and maintenance to the said portions of North and South Weston Avenue above described upon the terms and conditions contained herein; and WHEREAS, that portion of the cost of the proposed improvement to be borne by Owner is anticipated to be less than the cost of making the improve- ment by special assessment. NOW, THEREFORE, it is agreed by and between City and Owner that: 1 . For purpose of this agreement "abutting owners" shall be those persons who are owners of record of the real property fronting and adjoining North and South Weston Avenue along the area to be improved. 2. That the City shall cause the construction of a local improvement in the public right of ways known as North and South Weston Avenue from Larkin Avenue to Van Street in the City of Elgin, County of Kane, Illinois, consisting of street resurfacing and pavement, along with storm sewers , curb and gutter installation. Said construction shall begin no later than August 15, 1984 Provided, however, the City shall have no duty to make or cause said 1695271 $c'''' local improvements unless all abutting owners have entered into agreement with the City on terms and conditions as contained herein, no later than May 28, 1984 3. In the event all abutting owners fail or refuse to enter into a written agreement with the City on or before May 28, 1984 as provided in paragraph 2 above, City, at City' s option: 1 ) may proceed to make the above described local improvements in which case this agreement shall remain bind- ing and effective, or; 2) may reject all agreements previously entered into including this agreement for said local improvements in which case abutting owners and Owner shall be released from the terms and conditions of this agreement. 4. Owner agrees to pay and shall pay $4,148.36 as his share of the cost for said improvements. Payment shall be made in full within sixty (60) days of the execution of this agreement by both Owner and City; provided Owner may, at Owner' s option, pay Owner' s share of the cost of improvements by payment in ten installments with interest at a rate of nine percent per annum. Interest on all outstanding balance shall begin accruing on August 1 , 1984 . Should Owner choose to pay by installment the first installment shall be due on or before January 2, 1985 and shall be a sum equal to $548.36 plus nine percent interest as provided above. All subsequent installments shall be made on or before January 2 of each subsequent year for nine (9) subsequent years and shall be a sum equal to $400.00 plus interest as provided above. Provided, that Owner may, at any time, pay the entire outstanding balance, including any accrued interest and shall then be relieved of any further obligations hereunder. 5. Owner' s payment shall be made at the office of the City Finance Director, 150 Dexter Court, Elgin, Illinois . 6. That this agreement, upon execution, shall be recorded with the Recorder of Deeds at Kane County, Illinois and shall constitute and be construed as a lien agreement in lieu of special assessment as security for payment of Owner' s share of the improvement described herein. This agreement shall constitute a lien upon the property legally described herein to the extent of Owners commitment in paragraph 4 above until same is paid in full . A legal description of property subject to said lien is attached hereto and made a part hereof by reference. This agreement shall be binding on Owners , successors, heirs and assigns. 952 t' 1 owe R /t STATE OF ILLINOIS) ) SS COUNTY OF KANE ) ACKNOWLEDGEMENT I, the undersigned, a Notary Public in and for said ounty, in the State aforesaid, DO HEREBY CERTIFY that _�:_ _ �;, �,, Q� f personally known to me to be the same persons '.e names •re su• cribed to the foregoing instrument appeared before me this day in person, and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act, for the uses and purposes therein set forth. Given under my hand and official seal this /6, day of l 9S)q. Commission Expires 3 -(39 , 19 • CITY ELG N, . • Li At / - By Me Attest: . City Clerk 1 of This Instrument Prepared By: Daniel P. Blondin City of Elgin 150 Dexter Court Elgin, Illinois 60120 (312)695-6500, Ext. 217 C �: A x595271 • Legal Description of 29 South Weston Avenue: That part of Lot 4 Block 10 of Washington Heights Addition to Elgin, and the southeast quarter of Section 15 , Township 41 North, Range 8 East of the Third Principal Meridian, des- cribed as follows: Commencing at the southwest corner of said Lot 4; thence easterly on the south line of said lot to the southeast corner thereof; thence northerly along the east line of said Lot 4, 58. 75; thence westerly parallel with the south line of said Lot 4, 136.5 feet to the west line of said Lot 4 extended north; thence south 58. 75 feet to the point of beginning, in the City of Elgin, Kane County, Illinois. 1 69527 1 AGREEMENT IN LIEU OF SPECIAL ASSESSMENT This agreement, a and entered into on the I ( day of , 195$/by and between the City of Elgin, hereinafter Cr) co referred to as "City"; and the undersigned owner of record of property -.c hereinafter described, hereinafter referred to as "Owner"; witnesseth: WHEREAS, Owner and City mutually agree that it is necessary and desirable to make local improvements along and upon North and South Weston Avenue from Larkin Avenue to Van Street consisting of street _� rr resurfacing and pavement along with storm sewer, curb and gutter; ands t: WHEREAS, said improvements could be paid for by special assessaentc•, ,4. (jc upon the adjoining properties benefitted thereby; and m rti• WHEREAS, Owner is owner of record of certain real estate fronting , r- g on the portion of North and South Weston Avenue proposed to be improved, more specifically described as: Lot 12 in Gubbins & Funk's Subdivision of the City of Elgin, Kane County, Illinois. and commonly known as 18 North Weston Avenue which would be subject to special assessment in the event a special assess- ment was levied; and WHEREAS, City and Owner desire to enter into an agreement in lieu of special assessment providing for the sharing of costs for the replacement, construction and maintenance to the said portions of North and South Weston Avenue above described upon the terms and conditions contained herein; and WHEREAS, that portion of the cost of the proposed improvement to be borne by Owner is anticipated to be less than the cost of making the improve- ment by special assessment. NOW, THEREFORE, it is agreed by and between City and Owner that: 1 . For purpose of this agreement "abutting owners" shall be those persons who are owners of record of the real property fronting and adjoining North and South Weston Avenue along the area to be improved. 2. That the City shall cause the construction of a local improvement in the public right of ways known as North and South Weston Avenue from Larkin Avenue to Van Street in the City of Elgin, County of Kane, Illinois, consisting of street resurfacing and pavement, along with storm sewers, curb and gutter installation. Said construction shall begin no later than August 15, 1984 Provided, however, the City shall have no duty to make or cause said 6952 72 too0 local improvements unless all abutting owners have entered into agreement with the City on terms and conditions as contained herein, no later than May 28, 1984 3. In the event all abutting owners fail or refuse to enter into a written agreement with the City on or before May 28, 1984 as provided in paragraph 2 above, City, at City's option: 1 ) may proceed to make the above described local improvements in which case this agreement shall remain bind- ing and effective, or; 2) may reject all agreements previously entered into including this agreement for said local improvements in which case abutting owners and Owner shall be released from the terms and conditions of this agreement. 4. Owner agrees to pay and shall pay $7,055.85 as his share of the cost for said improvements. Payment shall be made in full within sixty (60) days of the execution of this agreement by both Owner and City; provided Owner may, at Owner's option, pay Owner's share of the cost of improvements by payment in ten installments with interest at a rate of nine percent per annum. Interest on all outstanding balance shall begin accruing on August 1 , 1984 . Should Owner choose to pay by installment the first installment shall be due on or before January 2, 1985 and shall be a sum equal to $755.85 plus nine percent interest as provided above. All subsequent installments shall be made on or before January 2 of each subsequent year for nine (9) subsequent years and shall be a sum equal to $700.00 plus interest as provided above. Provided, that Owner may, at any time, pay the entire outstanding balance, including any accrued interest and shall then be relieved of any further obligations hereunder. 5. Owner's payment shall be made at the office of the City Finance Director, 150 Dexter Court, Elgin, Illinois. 6. That this agreement, upon execution, shall be recorded with the Recorder of Deeds at Kane County, Illinois and shall constitute and be construed as a lien agreement in lieu of special assessment as security for payment of Owner's share of the improvement described herein. This agreement shall constitute a lien upon the property legally described herein to the extent of Owners commitment in paragraph 4 above until same is paid in full . A legal description of property subject to said lien is attached hereto and made a part hereof by reference. This agreement shall be binding on Owners, successors, heirs and assigns. OWNER 6952 72 -2- • STATE OF ILLINOIS) ) SS COUNTY OF KANE ) ACKNOWLEDGEMENT I, the undersigned, a Notary Public i for,said u ty,� in the State aforesaid, DO HEREBY CERTIFY that c4 o personally known to me to be the same persons w ose names are subscribed to the foregoing instrument appeared before me this day in person, and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act, for the uses and purposes therein set forth. Given under my hand and official seal this I day of , 19 ` G O /,' Cd Commission Expires S----.,? , , 1937. CITY IGIN, / p BY A LL A iii tot Attest: ‘t--Ack..›L.i.....e_.). /.4 City Clerk This Instrument Prepared By: Daniel P. Blondin City of Elgin 150 Dexter Court Elgin, Illinois 60120 (312)695-6500, Ext. 217 1 R ,e T-- i695272 AGREEMENT IN LIEU OF SPECIAL ASSESSMENT This agreement, made and entered into on the 18Th day of rn 4 u' �pr� l , 1981 by and between the City of Elgin, hereinafter (xi N referred to as "City"; and the undersigned owner of record of property hereinafter described, hereinafter referred to as "Owner"; witnesseth: WHEREAS, Owner and City mutually agree that it is necessary and desirable to make local improvements along and upon North and South Weston Avenue from Larkin Avenue to Van Street consisting of street o ?' -� r resurfacing and pavement along with storm sewer, curb and gutter; an WHEREAS, said improvements could be paid for by special assessmer 5 : upon the adjoining properties benefitted thereby; and WHEREAS, Owner is owner of record of certain real estate fronting ' on the portion of North and South Weston Avenue proposed to be improved, more specifically described as: Lot 13 in Gubbins & Funk' s Subdivision of the City of Elgin, Kane County, Illinois and commonly known as 1307 Larkin Avenue which would be subject to special assessment in the event a special assess- ment was levied; and WHEREAS, City and Owner desire to enter into an agreement in lieu of special assessment providing for the sharing of costs for the replacement, construction and maintenance to the said portions of North and South Weston Avenue above described upon the terms and conditions contained herein; and WHEREAS, that portion of the cost of the proposed improvement to be borne by Owner is anticipated to be less than the cost of making the improve- ment by special assessment. NOW, THEREFORE, it is agreed by and between City and Owner that: 1 . For purpose of this agreement "abutting owners" shall be those persons who are owners of record of the real property fronting and adjoining North and South Weston Avenue along the area to be improved. 2. That the City shall cause the construction of a local improvement in the public right of ways known as North and South Weston Avenue from Larkin Avenue to Van Street in the City of Elgin, County of Kane, Illinois, consisting of street resurfacing and pavement, along with storm sewers, curb and gutter installation. Said construction shall begin no later than August 15, 1984 Provided, however, the City shall have no duty to make or cause said ! 695273 d; mo local improvements unless all abutting owners have entered into agreement with the City on terms and conditions as contained herein, no later than May 28, 1984 3. In the event all abutting owners fail or refuse to enter into a written agreement with the City on or before May 28, 1984 as provided in paragraph 2 above, City, at City's option: 1 ) may proceed to make the above described local improvements in which case this agreement shall remain bind- ing and effective, or; 2) may reject all agreements previously entered into including this agreement for said local improvements in which case abutting owners and Owner shall be released from the terms and conditions of this agreement. 4. Owner agrees to pay and shall pay $8,416.67 as his share of the cost for said improvements. Payment shall be made in full within sixty (60) days of the execution of this agreement by both Owner and City; provided Owner may, at Owner's option, pay Owner's share of the cost of improvements by payment in ten installments with interest at a rate of nine percent per annum. Interest on all outstanding balance shall begin accruing on August 1 , 1984 . Should Owner choose to pay by installment the first installment shall be due on or before January 2, 1985 and shall be a sum equal to $856.67 plus nine percent interest as provided above. All subsequent installments shall be made on or before January 2 of each subsequent year for nine (9) subsequent years and shall be a sum equal to $840.00 plus interest as provided above. Provided, that Owner may, at any time, pay the entire outstanding balance, including any accrued interest and shall then be relieved of any further obligations hereunder. 5. Owner's payment shall be made at the office of the City Finance Director, 150 Dexter Court, Elgin, Illinois. 6. That this agreement, upon execution, shall be recorded with the Recorder of Deeds at Kane County, Illinois and shall constitute and be construed as a lien agreement in lieu of special assessment as security for payment of Owner's share of the improvement described herein. This agreement shall constitute a lien upon the property legally described herein to the extent of Owners commitment in paragraph 4 above until same is paid in full . A legal description of property subject to said lien is attached hereto and made a part hereof by reference. This agreement shall be binding on Owners, successors, heirs and assigns. (711m4,) • ' g 695273 OWNER -2- STATE OF ILLINOIS) ) SS COUNTY OF KANE ) ACKNOWLEDGEMENT I, the undersigned, a Notary Public ig and for sai • County, in the State aforesaid, DO HEREBY CERTIFY than personally known to me to be the same per s whose names are ubscribe•/ to the foregoing instrument appeared before me this day in person, and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act, for the uses and purposes therein set forth. Given under my hand and official seal this /1' day of Commi.ssi ort Expires 5'-,,R ) —ft , 19 (3 ~ ,. CITY 0 GIN, / • '�/1! /. / �/ By ♦r/a .a1 / Attest: City Clerk This Instrument Prepared By: J/ Daniel P. Blondin `\� City of Elgin kr 150 Dexter Court Elgin, Illinois 60120 (312)695-6500, Ext. 217 y av r , `T 7' � 1 695273 t r AGREEMENT IN LIEU OF SPECIAL ASSESSMENT C This agreement, made and entered into on the 1 ( day of rn F,p—F , 198,Z by and between the City of Elgin, hereinafter C° cn referred to as "City"; and the undersigned owner of record of property hereinafter described, hereinafter referred to as "Owner"; witnesseth: .P- WHEREAS, Owner and City mutually agree that it is necessary and desirable to make local improvements along and upon North and South Weston Avenue from Larkin Avenue to Van Street consisting of street m 4 IZT resurfacing and pavement along with storm sewer, curb and gutter; an ■ WHEREAS, said improvements could be paid for by special assessment—, `:` upon the adjoining properties benefitted thereby; and J 'C WHEREAS, Owner is owner of record of certain real estate fronting',`, (.--) r. on the portion of North and South Weston Avenue proposed to be improved, more specifically described as: Lot I1 in Gubbins & Funk's Subdivision of the City of Elgin, Kane County, Illinois. and commonly known as 12 North Weston Avenue which would be subject to special assessment in the event a special assess- ment was levied; and WHEREAS, City and Owner desire to enter into an agreement in lieu of special assessment providing for the sharing of costs for the replacement, construction and maintenance to the said portions of North and South Weston Avenue above described upon the terms and conditions contained herein; and WHEREAS, that portion of the cost of the proposed improvement to be borne by Owner is anticipated to be less than the cost of making the improve- ment by special assessment. NOW, THEREFORE, it is agreed by and between City and Owner that: 1 . For purpose of this agreement "abutting owners" shall be those persons who are owners of record of the real property fronting and adjoining North and South Weston Avenue along the area to be improved. 2. That the City shall cause the construction of a local improvement in the public right of ways known as North and South Weston Avenue from Larkin Avenue to Van Street in the City of Elgin, County of Kane, Illinois, consisting of street resurfacing and pavement, along with storm sewers, curb and gutter installation. Said construction shall begin no later than August 15, 1984 Provided, however, the City shall have no duty to make or cause said 1695274 e � local improvements unless all abutting owners have entered into agreement with the City on terms and conditions as contained herein, no later than May 28, 1984 3. In the event all abutting owners fail or refuse to enter into a written agreement with the City on or before May 28, 1984 as provided in paragraph 2 above, City, at City's option: 1 ) may proceed to make the above described local improvements in which case this agreement shall remain bind- ing and effective, or; 2) may reject all agreements previously entered into including this agreement for said local improvements in which case abutting owners and Owner shall be released from the terms and conditions of this agreement. 4. Owner agrees to pay and shall pay $7.ngn R5 as his share of the cost for said improvements. Payment shall be made in full within sixty (60) days of the execution of this agreement by both Owner and City; provided Owner may, at Owner's option, pay Owner's share of the cost of improvements by payment in ten installments with interest at a rate of nine percent per annum. Interest on all outstanding balance shall begin accruing on August 1 , 1984 . Should Owner choose to pay by installment the first installment shall be due on or before January 2, 1985 and shall be a sum equal to $780.85 plus nine percent interest as provided above. All subsequent installments shall be made on or before January 2 of each subsequent year for nine (9) subsequent years and shall be a sum equal to $700.00 plus interest as provided above. Provided, that Owner may, at any time, pay the entire outstanding balance, including any accrued interest and shall then be relieved of any further obligations hereunder. 5. Owner's payment shall be made at the office of the City Finance Director, 150 Dexter Court, Elgin, Illinois. 6. That this agreement, upon execution, shall be recorded with the Recorder of Deeds at Kane County, Illinois and shall constitute and be construed as a lien agreement in lieu of special assessment as security for payment of Owner's share of the improvement described herein. This agreement shall constitute a lien upon the property legally described herein to the extent of Owners commitment in paragraph 4 above until same is paid in full . A legal description of property subject to said lien is attached hereto and made a part hereof by reference. This agreement shall be binding on Owners, successors, heirs and assigns. 695274 OWNER -2- • STATE OF ILLINOIS) ) SS COUNTY OF KANE ) ACKNOWLEDGEMENT I, the undersigned, a Notary Public in and fog? id Cou9.;y, )A the State aforesaid, DO HEREBY CERTIFY thatk" �j ' personally known to me to be the same pers ns whose names are subscribed to the foregoing instrument appeared before me this day in person, and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act, for the uses and purposes therein set forth. Given under my hand and official seal this '7 may of 195 9? tee% . Commission Expires g—c?- , , 19 $7. (-,> �• ti - CITY s ELG N, "`�;', By `:/i[..'�, /. .I41 Attest: Cit y Clerk This Instrument Prepared By: Daniel P. Blondin �D City of Elgin 150 Dexter Court Elgin, Illinois 60120 (312)695-6500, Ext. 217 •, • • ) 6952 t 1� 1 AGREEMENT IN LIEU OF SPECIAL ASSESSMENT This agreement, made and entered into on the c5',/424 day of -`- , lar3tby and between the City of Elgin, hereinafter cs referre. to as "City"; and the undersigned owner of record of property ' c..n hereinafter described, hereinafter referred to as "Owner"; witnesseth: WHEREAS, Owner and City mutually agree that it is necessary and desirable to make local improvements along and upon North and South Weston Avenue from Larkin Avenue to Van Street consisting of street F. resurfacing and pavement along with storm sewer, curb and gutter; ands -R C'ft, WHEREAS, said improvements could be paid for by special assessmeiltm upon the adjoining properties benefitted thereby; and t -- ro WHEREAS, Owner is owner of record of certain real estate fronting :- t= on the portion of North and South Weston Avenue proposed to be improved, more specifically described as: SEE ATTACHED LEGAL DESCRIPTION and commonly known as 2S South Weston Avenue which would be subject to special assessment in the event a special assess- ment was levied; and WHEREAS, City and Owner desire to enter into an agreement in lieu of special assessment providing for the sharing of costs for the replacement, construction and maintenance to the said portions of North and South Weston Avenue above described upon the terms and conditions contained herein; and WHEREAS, that portion of the cost of the proposed improvement to be borne by Owner is anticipated to be less than the cost of making the improve- ment by special assessment. NOW, THEREFORE, it is agreed by and between City and Owner that: 1 . For purpose of this agreement "abutting owners" shall be those persons who are owners of record of the real property fronting and adjoining North and South Weston Avenue along the area to be improved. 2. That the City shall cause the construction of a local improvement in the public right of ways known as North and South Weston Avenue from Larkin Avenue to Van Street in the City of Elgin, County of Kane, Illinois, consisting of street resurfacing and pavement, along with storm sewers, curb and gutter installation. Said construction shall begin no later than August 15, 1984 Provided, however, the City shall have no duty to make or cause said 695275 of local improvements unless all abutting owners have entered into agreement with the City on terms and conditions as contained herein, no later than May 28, 1984 3. In the event all abutting owners fail or refuse to enter into a written agreement with the City on or before May 28, 1984 as provided in paragraph 2 above, City, at City's option: 1) may proceed to make the above described local improvements in which case this agreement shall remain bind- ing and effective, or; 2) may reject all agreements previously entered into including this agreement for said local improvements in which case abutting owners and Owner shall be released from the terms and conditions of this agreement. 4. Owner agrees to pay and shall pay$10,653.95 as his share of the cost for said improvements. Payment shall be made in full within sixty (60) days of the execution of this agreement by both Owner and City; provided Owner may, at Owner's option, pay Owner's share of the cost of improvements by payment in ten installments with interest at a rate of nine percent per annum. Interest on all outstanding balance shall begin accruing on August 1 , 1984 . Should Owner choose to pay by installment the first installment shall be due on or before January 2, 1985 and shall be a sum equal to $1,203.95 plus nine percent interest as provided above. All subsequent installments shall be made on or before January 2 of each subsequent year for nine (9) subsequent years and shall be a sum equal to $1,050.00 plus interest as provided above. Provided, that Owner may, at any time, pay the entire outstanding balance, including any accrued interest and shall then be relieved of any further obligations hereunder. 5. Owner's payment shall be made at the office of the City Finance Director, 150 Dexter Court, Elgin, Illinois. 6. That this agreement, upon execution, shall be recorded with the Recorder of Deeds at Kane County, Illinois and shall constitute and be construed as a lien agreement in lieu of special assessment as security for payment of Owner's share of the improvement described herein. This agreement shall constitute a lien upon the property legally described herein to the extent of Owners commitment in paragraph 4 above until same is paid in full . A legal description of property subject to said lien is attached hereto and made a part hereof by reference. This agreement shall be binding on Owners, successors, heirs and assigns. OWNER i 6952 75 -2- 7. Provided, however, in the event Owner subdivides the property legally described herein prior to complete payment as provided in Paragraph 4 herein City agrees that, on written request, the amount remaining due shall be prorated between the subdivided parcels. Such proration shall be done only if all owners of the property legally described herein agree and if the lien created herein is not subordinated to any other interest which such lien was not subordinate to prior to such proration. After proration, each subdivided parcel shall be encumbered only to the extent of the prorated amount. OWNER STATE OF ILLINOIS ) ) SS COUNTY OF II ) DU PAGE ACKNOWLEDGEMENT I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Elinor E. Pacey & Donald R. Pacey personally known to me to be the same persons whose names are subscribed to the foregoing instrument appeared before me this day in person, and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act, for the uses and purposes therein set forth. Given under my hand and official seal this 21st day oflaNu -, , 1984. /.,_;, Commission Expires: July 8 , 1987 CITY OF NAttes t: City Clerk This Instrument Prepared by: Daniel P. Blondin o� City of Elgin 150 Dexter Court 0 Elgin, IL 60120-5555 (312) 695-6500 -3- i695275 Legal Description of 25 South Weston Avenue: That part of Lot 4 in Block 10 of Washington Heights Addition to Elgin and that part of the southeast quarter of Section 15, Township 41 North, Range 8 East of the Third Principal Meridian described as follows: Commencing at the southeast corner of said lot 4; thence northerly on the east line of said lot 58.75 feet for the point of beginning; thence west- erly parallel with the south line of said lot 136.5 feet to the east line of Weston Avenue; thence northerly on said line extended to a point in the centerline of West Chicago Street extended west; thence easterly along said centerline 136.5 feet; thence southerly to the point of beginning (excepting the northerly 165.35 feet thereof) in the City of Elgin, Kane County, Illinois. ; 695275 _ August 7, 1984 MEMORANDUM TO: Robert Malm, Acting City Manager _ FROM: Ralph Ridley, Civil EngineerCl \, RE: Weston Avenue Improvements The Engineering Division solicited proposals from three (3) firms tb perform the testing services on the above referenced project. All of th' firms submitted an estimate of the cost to perform the necessary testingly on this project and also a breakdown of actual costs on a unit basis . The three (3) firms and their estimates are as follows: A&H/Flood Engineering Division $1 ,256.00 Quality Assurance Testing $ 600.00 Soil and Material Consultants, Inc. $ 700.00 Quality Assurance Testing not only has a lower estimated cost , but also has a lower unit cost for individual items (a copy of all proposals is ' attached) . We would, therefore, recommend that the contract for testing services at the Weston Avenue Improvements be awarded to Quality Assurance Testing of St. Charles. Our estimated cost for testing was $2,000.00. RR:do Attachment cc: Gary Miller Mike Sarro / Marie Yearman ✓ Dan Blondin �S utility a ssuranc� FO. BOX 1128, S? CHARLES, ILLINOIS 60174 • _12)23261'1 Testing JAY LAUDICINA Presiden! July 30, 1984 City of Elgin 150 Dexter Court Elgin, Illinois 60120 - Attention: Mr. Ralph L. Ridley RE: Weston Avenue Improvements Sir: We appreciate the consideration you have extended to our firm to provide testing services for the above project. We are currently doing the work for East Side Water Transmission Main. As per your letter of July 24, 1984, the following testing services ill be provided on the project: 1. Subgrade Inspection 2. Base Course Compaction 3. Binder & Surface Course Compaction 4. Asphalt Extractions (As necessary) 5. P.C.C. Concrete Testing (Cylinders) l The total estimated cost for this project will be $600.00. Any additional services will be according to the attached price list. Please feel free to call if you are in need of further assistance. Respectfully suh3iittei, QUALITY ASSURANCE TEST{NG (,,;2t4/ dze,,,///,,Y ,,,L Jay Laudicina JL:sd Attachment QUALITY CONTROL FOR CONCRETE AGGREGATE. SOILS, CONSTRUCTION PROJECTS . OP utility �� �� P.O.BOX 415, LA FOX, ILLINOIS 60147 • (3121 232-6171 Testing „AY LAUDICIP A Pres bent BASIS OF PAYMENT CONCRETE TESTING CONCRETE CONTROL TECHNICIAN III Air Content Test Slump Test Yield Test Casting Cylinders . . . . . . . . . . . . . . . . . . . . . .$ 21.50 Pelr Hour CONCRETE MIX DESIGN OR VERIFICATION Concrete Mix Design ACI-211/613 _ 50.00 xa'Oh Concrete Mix Design (Trial Batch in Laboratory Casting 6 Cylinders) 120.00 7.a 0 TESTING OF CONCRETE SPECIMENS Compression Strength of 6” x 12" Cylinders . . . . . . • . , . $ 5.00 Pei' Test (Molds and Tags Included) Cylinder Pick-Up (No Charge When - 44 . _as 7 . .4 . • . . 12.00 Fe- Trip SOIL TESTING CAISSON INSPECTION Engineering Technician III $24.00 Per Hour Supervising Engineer 45.00 Pei Hour Structual Licensed Soil Engineer . . . . . . . . . . . . . . 6000 Per! Hour (All of the above will be under the direction and supervision of Structual Licensed Soil Engineers.) QUALITY CONTROL rOR CONCRETE AGGREGATE, SOILS, CONSTRUCTION PRODF T. utility h, ✓ (i assurance P.O.BOX 415, LA FOX, ILLINOIS 60147 • (312}232-6171 cresting LAUDICINA President • SOIL COMPACTION TESTING PRICE LIST FIELD TESTING Compaction Testing (Nuclear Density) . . . , . . . . o . . . . $21,50 Per Hour Overtime or after 5:00 P.M. . . . . . . . . . . . . . . 32.2! Per Hour Bearing Test -- Penetrometer . . . . . . . . . Q . . . 21.50 Per Hour Compaction or Penetrometer Testing by a Licensed Engineer . . . 45.(ti Per Hour Compaction or Penetrometer Testing by a Structural Licensed Soil Engineer . . . . . . . 60.00 Per Hour Nuclear Density Machine (Up to 4 Hours) . . . . . . . . . . . . 16. Nuclear Density Machine (5 Hours or More) . . . . . . . . • 32.00 Sample Pick-Up Within 25 Miles 12. 0 Per Trip Within 50 Miles 15.00 Per Trip Over 50 Miles Hourr,1 y Rate LABORATORY TESTING Optimum Moisture - Density Relationship Standard Proctor . . . . . . . . . . . . . • • • . $80.00 Each Modified Proctor 4" Mold . . . . . . . . . . . . . . . . 85.00 Each Modified Proctor 6" Mold . . . . . . . . . . . . . . . . 90.00 Each Atterberg Limits - Liquid & Plastic . . • . . o y . . . . . . . 35.00 Each Washed Sieve Analysis . . . . . . . . . . . . . . . . . . 30.00 Each Minus 200 Sieve Gradation Analysis . . . . . . . . . . . . . . . 45.00 Each • QUAD-" 'GQNTROL troR PPAICRETEAPtifi GATE. SOILS_ CON. TP/IrTInnI op() lcrrl, Quality assurance P.O.BOX 415, LA FOX, ILLINOIS 60147 • (312) 232-6171 Testing JAN LAUDICINA President CONCRETE & CEMENT FEE SCHEDULE CONCRETE MATERIALS AC R 9. S Sieve Analysis - Dry (ASTM C-136) . . . , . , . . . $25.00 Ter Test Including Finer than #200 Sieve (ASTM C-117) . , . . , , 12.00IAdditional Specific Gravity and Absorption: Coarse (ASTM C-127) , , . 30.00 'Per Test Unit Weight (ASTM C-29) and Voids in Aggregate (ASTM C-30) , 35.00 Per Test Coarse, Fine & Lightweight Aggregates (ASTM C-33/330) . . , . Upon Request Organic Impurities in Sand (ASTM C-40) . . . . » . . . , . . 25,00 Per Test . Clay Lumps in Aggregate (ASTM C-142) . . . . , , , , 35.00 Per Test Scratch Hardness (ASTM C-235) . . . . . . . . . . . . . . . 50,00 Per Test Abrasion - Los Angeles Rattler (ASTM C-131) , . » • , . , . 85.00 'II'er Test Sulfate Soundness: Sodium or Magnesium (ASTM C-88) 5 Cycles 85.00 ',Per Test Additional Cycle . 20.00 "Each Potential Alkali Reactivity - Chemical (ASTM C-289) , . , . Upon Request PORTLAND CEMENT TESTS -(ASTM C-150), Physical Test Upon Request Chemical Analysis . . . . . . . . . . . . . . . . . . . . 'Upon Request Complete Chemical Analysis and Physical Tests , . • , . . Upon Request Autoclave Expansion (ASTM C-151) , , , , , , , , . . 175 .00 'Per Test Setting Time: Vicat or Gilmore (ASTM C-191/266) . , , , » 65 .00 TPer Test Compressive Strength - 6 Specimens (ASTM C-109) Including Making and Testing Mortar Cube . . . . . . . . . 120.00IOer Test Fineness - Blaine (ASTM C-204) . . . . . . . , , , » . » . , 40 ,10 'er Test Air Content on Mortar (ASTM C-185) . . . • . . . , . . . . 20.00 Ter Test MIX DESIGNS OR VERIFICATIONS Concrete Mix Design (ACI-211/613) , • . . . . . . . . . . . . 50.00 Each Concrete Test Mix (6 Test Cylinders) (ASTM C-39 & C-192) . . 120.00 'IPe.r Set Shrinkage Compensating Concrete Trial Mix, in addition to above. . 50 .00 Ter Set TESTING OF CONCRETE SPECIMENS- Compressive Strength of 6" x 12" Cylinders including plastic molds, tags, and curing (ASTM C-39) , . 5.00 ',Ter Test Extra Molds . , 1 .0 0 Each Splitting Test (+Fsp.) (ASTM C-496) . . . . . , . , . . , , 20.00 Eaell Unit Weight . . » . . . . • . . , . . , , . . , . , . 5.00 Each Beams (ASTM C-78) (Flexural Test) , • , , , , a . • , . 25.00 ach Core Test (Including Sample Preparation) . , . , , . . . Upon Fequest Petrographic Examination (ASTM C-295) . • . . , . . , , . Upon Request Durability - Freeze-Thaw 300 Cycles or less, 6 Specimens (ASTM C-666) . • . , Upon Request STATISTICAL ANALYSIS OF CYLINDER TEST RESULTS 50 Sets (ACI-214) . . . . . . . . . . . . . . . . . . • . , 150.00 Additional Sets . • • , . . . . , , . . . , » . . , , . . 2,000 Per Set CCYLINDER PICKUP Within 25 Miles . , . , , . . • • , , , . , 12.00Per Trip Within 50 Miles . . , . . . , , . . . , , , , , , , . , 15.00 Per Trip Over 50 Miles. . . . . . . . . . . . . . , • Hourly Rate QUALITYCONTPc`'I- CONCRETE AGGREGATE, SOILS, CONSTRUCTION PROJECTS 0 vitality ������� P.O.BOX 415, LA FOX, ILLINOIS 60147 * (312) 232-6171 ?esting IiAY tAl1DICINA Pres,dent ASPHALT TESTING PRICE LIST FIELD TESTING Plant Supervision or Jobsite Testing . . . . $21.50 Her Hour Sample Pick-Up . * • . . . . . . . . . . . . . . . . .. . . . 12.00 Per Trip Pavement Coring (4" Diameter) . . . . . . . . . . . . . . . 3.50 per Inch Depth Minimum 25.00 Set-Up Charge . . . . . . . . 25.0: Labor (2 Men) . . . . . . . . 35.00 Tier Hour Patching . . . . . . . . . . 10.00 '4r Hole Transportation . . . . . . . . . . . . . . . . . . . . . . . .35 Per Mile LABORATORY TESTING Specific Gravity . . . . . . . . . . . . . . . . . . . . . $15.00 1ach Marshall Compaction, Stability, & Flow (ASTM D1559) . . . . . . Per Set of Two (2) . , . , . 70.00 Hot Bin Sieve Analysis (ASTM D-422) . . . . . . . . . . . . . 2500 )-ach Asphalt Cement Extraction . . . . . . . . . . . . . . . . . . 55.00 1lach Extracted Gradation . . . . . . . . . . . . . . . . . . . . . 2.5.00 Hach Percentage Air Voids & Voids Filled . . . . . . . . . . . . . 10.00 T1,ach (Content Includes Extraction, Marshall Stability, Flow and Voids Determination.) Aggregate Washed Sieve Analysis . . . . . . . . . . . . . . . 30.00 Each Aggregate Specific Gravity and Absorption 30.00 )each Cr" • t Y,G!?NTROL.FOR CONCRETE A66REGA T€. SOILS. CONSTRUCTION PROJFr T S c! ?uauty S T a ce P.O.BOX 415, LA FOX, ILLINOIS 60147 • (312) 23266171 esttng JAY LAUDICINA President II STRUCTURAL STEEL INSPECTION A qualified engineering technician to perform all inspection and tests of structural steel as per specifications. Bolted connections and welds will be visually and mechanically inspected as per specification. Welders certification in the shop and field will be provided as per specification. Welds and welding procedures used in the construction of the metal deck will be observed and tested upon request. Field Inspection $22.50 /1our N.D.E. - Ultrasonic & Magnetic Particle . . . . • . • , • • 27.50 /} our Overtime Rate 33.75 /i ur Shop Inspection $'62.50 /Dour N.D.E. - Ultrasonic & Magnetic Particle . • . . . , . . . , 27.50M our Overtime Rate • 0 0 • • • • • o , . , . 33e75 ;; :, s • • . • • o o iLr QUA LM' ONTRP'L r`�?R CONCRETE AGGR€GATE. SOILS. CONSTRUCTInN PRn.trr c PROJECTS IN PROCESS • PROJECT OWNER ARCHITECT COV'1K•AC1' AMOUNT • 1 COUP. CCU. DATE • Fermilab Atomic Energy Fermilab $50,000 On Going Commission Sheridan Correctional State of Illinois Prisco, Duffy Assoc_ 20,000 85% 6/1/84 Center Kane Co. Hwy Dept. State of Illinois State of Illinois On Going McHenry Co: Hwy. Dept. State of Illinois State of Illinois 20,000 80 12/31/82 ? gional Transit Auth. City of Elgin Madison & Madison 25,000 25 of Elgin K-Mart - Montgomery K-Mart Corp. Patrick Daley Assoc. 30,000 85 N. Illinois University N. Illinois University Kessler-Merci. 20,000 50 • Naperville Sanitary City of Naperville Clark & Dietz • 15,000 85 District - Springbrook Wheaton Sanitary Dist. City of Wheaton Strand Associates 5,000 65 Hewlett Packard Hewlett Packard O'Donnell, Wicklund 12,000 85 & Pigozzi Shires of Inverness LaSalle National PRC Conners, Townsend 15,000 80 - Bank Trust #52724 Elgin Water Treatment City of Elgin Black & Veatch 40,000 85 • Plant • r • PROJECTS IN PROCESS -2- PROJECT' OWNER ARCH L[E Cf CONTRACT: AP OUN T % COMP. - COMP. DATE City 'of St. Charles City of St. Charles On Going • City of Geneva City of Geneva A. P. Smith On Going City of Aurora City of Aurora W. E. Deuchler On Going Capitol Development State of Illinois On Going Board Northern Illinois Northern Illinois James Cox_Assoc. 15,000 85 Medical Center Medical Center r . COMPL1JftD PROJECTS PROJECT G� ER ARCHITECT C0NT ACI. CUB C I. DATE CORP, Aurora Sanitary Dist. City of Aurora W. E. Deuchler - $30,000 - • . 1982 10( Aurora Civic Center City of Aurora Prisco, Duffy Assoc. 30,000 1982 10( Aldi Foods Aldi Foods 25,000 1981 l0( Joliet Jr. College Joliet ollege 10,000 1981 10( Jr.. Batavia Sanitary Dist. City of Batavia 10,000 1981 10( J. C. Penny J. C. Penny ' ' F. Quinn . 5,000 1931 10( Hines Hospital V.. A. Administration Hines Hospital . 2,000 1982 10( Caterpillar Tractor Caterpillar Tractor Caterpillar Tractor 20,000 1983 10( Woodstock Hospital Woodstock Hospital Phillips Swager Assoc.. 17,000 1982 10( K-Mart - Naperville K.-:Mart Corp. • 12,000 1982 1'0( St. Charles High School St. Charles High School . J. Hestrup 8,000 1982 104 Joliet Army Corp. of Engineers Corp. of Engineers • 9,000 1981 10 Ammunitions Plant Madison St. Storm Village of Villa Park RJN Environmental 12,000 1983 10( Sewer - Lockport Wastewater City of Lockport RJN Evironmental 9,200 1984 10C Treatment Plant & Sewer Project Naperwest Plaza City of Naperville Intech Consultants 15,000 1983 10C Belvidere Wastewater City of Belvidere RJN Environmental. 8,000 1982 . 10C Treatment Facility [fir -; )`; I ! !'i �. - i ' nr-- ! I !`r t■ A I V'.: ) c_ r I (� ;D L I- Jay Laudicina: 14 Years - Martin Marietta 4 Years - W. R. Grace 6 Years- Quality Assurance Testing • Robert A. Grant: 19 Years - H. H. Holmes Testing Lab 4 Years - Martin Marietta 6 Years - Quality Assurance Testing Max Calhoon: 27 Years - Registered Structural Engineer (Soils) r - STATE OF ILLINOIS • & CAPITAL DEVELOPMENT BOARD .CERT IFICATE OF PROFESSIONAL PREQt1AI.IFICATION 'Issued to: Quality Assurance Testing, 1N111 Linlar Drive, LaFox. IL 63147 _ Mailing Address : P. 0 Box 1128,_,St. Charles , IL 60174 . - Telephone Number. 312-232-61�1 Federal Employer Identification Number 36-30(11695 Your Firm is Prequalified to provide the following Professional Services: -- _ ❑ Architect -- ❑ Electrical Engineer ❑ Mechanical Engineer ❑ Civil Engineer ,la Material Testing ❑ Structural Engineer • . This Certificate of Professional Prequalification isyvalid from aecember 21 , 1983 to December 31 , 1984 , inclusive, and supersedes any Certificate previously issued,. but may be subject to revisions or renovations. � �T� 'q e'. s s� '4\41 9.4 _ * " �' ' xecutive Director " ti _U ^:.r.. .., _ ,.i J,.I. .,f :•. S.... ,)f I" ,.'is k. ?f-0 ..f exa, // 4 iii SOIL AND MATERIAL CONSULTANTS, INC. s lie It '` ' 'r 8 WEST COLLEGE DRIVE • ARLINGTON HEIGHTS,ILLINOIS 60004 • 3;2-84)-0544 August 1 , 1984!, Proposal No . 815 City of Elgin 150 Dexter Court Elgin , Illinois 60120 Attn: Mr . Ralph L . Ridley Re: Inspection and Testing Seri,,ices Western Avenue Improvemnr_i,= Dear Mr . Ridley: We are submitting our proposal to provide material inspection and testing for the referenced project . Attached is a guide to frequency of testing which generlally describes the testing needed . This frequency will serve as a guide but will be varied as needed to assure that the materials are in accordance with the project specifications . I Attached is our schedule of fees . We propose to provide] the indicated services for an estimated cost of $700 . 00 . Ir the event that additional services are requested which are not included within this proposal , they will be provided at our established unit prices . Thank you for the opportunity of submitting this proposal to you. Acceptance is constituted by signing and returning one copy to our office . Very truly yours , ,_..---843 L AND MATERIA CONSULTANTS , INC .III .....5 Robert C. Retondo Client Service Representative RCR:kl Enc. ACCEPTED Client Date Name Title DRILLING • CORING • INSPECTION • QUALITY CONTROL • LABORATORY TESTING • ENGINEERI JG ■ 4.4 SOIL AN MATERIAL CONSULTANT& MC. SCHEDULE OF FEES d WEST COLLEGE DRIVE • ARLINGTON HEGHTS,IWNOIS WOW SOIL INSPECTION AND TESTING Field Inspection Senior Technician $ 26. 00/hour 75 . 00/day mifimum Nuclear Density Testing $ 30 . 00/hour 75 . 00/day miimum Engineer, Geologist $ 40. 00/hour 75 . 00/day mi#linum Laboratory Testing Organic Content $ 15 . 00 each Standard Proctor $ 65 . 00 each Modified Proctor $ 70 . 00 each Illinois Bearing Ratio $ 75 . 00 each Sieve Analysis $ 20 . 00 each Hydrometer and Sieve Analysis $ 40 . 00 teach Atterberg Limits $ 25 . 00 each Shrinkage Limit $ 15 . 00 each Specific Gravity $ 15. 00 eac'.-. pH Determination $ 10 .00 each Sample Pick-Up $ 22 . 00/hour Effective 2-1-84 Hourly Charges Are Portal To Portal 1 • .*‘1 301L AND MATERIAL CONSULTANTS. NIC. SCHEDULE OF FEES 8 WEST COLLEGE DRIVE • ARLINGTON HBGHTS.ILLINOIS 80004 PORTLAND CEMENT CONCRETE Plant Inspection Concrete Batch Plant $ 26. 00/hour 120 . 00/day .minimum Field Inspection Concrete Testing $ 22. 00/hour (includes slump, air, and 75 . 00/day mini -.um cylinders or beams) Cylinder or Beam Pick-Up $ 22. 00/hour Schmid Hammer Testing $ 26.00/hour 75 . 00/day min iHu n Pachometer (reinforcing) $ 40. 00/hour Laboratory Testing Concrete Cylinders - Tested $ 7 . 50 each - Held 4. 00 each Concrete Beams $ 16. 00 each i I Aggregate Tests Sieve Analysis $ 20 . 00 each Soundness $ 70 . 00 each Specific Gravity $ 11 . 00 each Absorption $ 8 . 00 each Concrete Mix Design Quotation Other Cylinder Molds and Tags Supplied $ 1 . 50 ea . + delivery Tamping Rods Supplied $ 10 .00 each Effective 2-1-84 Hourly Charges Are Portal To P prtal I . J ql SOIL A110 MATERIAL CONSULTANTS. INC. SCHEDULE OF FEES L7 8 WEST COLLEGE DRIVE • ARLINGTON HEIGHTS,ILLINOIS 00004 BITUMINOUS CONCRETE Plant Inspection Surface Binder , $ 26 . 00/hour B.A.M. , Others 120 . 00/day minimum Recycled Stockpile Analysis $ 250 . 00/stcckF4le Daily Scale Inspection $ 20 .00/hour Field Inspection Senior Technician $ 26 .00/hour 75 . 00/day rn ruimum Nuclear Density Testing $ 30 . 00/hour 75 . 00/day minimum Laboratory Testing Extraction Analysis $ 25 . 00 each Density Determination - cores $ 6. 00 each Maximum Specific Gravity $ 25 . 00 each (Rice method) Material Pick-Up $ 22 . 00/hour Asphalt Cement Abson Method of Recovery $ 60 . 00 each Softening Point (Ball and Ring) $ 16 .00 each '' Penetration $ 16. 00 each Emulsified Asphalt Residual Asphalt Content $ 20 . 00 each : Specific Gravity $ 16 . 00 each Penetration $ 16 . 00 each Marshall Stability $ 75 .00/set bf 3 (includes unit weight, stability & flow) Mix Design $ 800 . 00 Effective 2-1-84 Hourly Charges Are Portal to Portal ) my Professional Service Industries, Inc. A & H/Flood Engineering Division June 28, 1984 City of Elgin 150 Dexter Court Elgin, IL 60120 Attention: Mr. Ralph Ridley Re: Inspection and Testing Weston Avenue Street Improvement', Elgin, Illinois PSI Number: 042037 Gentlemen: We are pleased to submit the following revised proposal for providi'nq inspection and testing services for the referenced project. PSI proposes to provide experienced, technical personnel to perform the necessary testing and inspection services in accordance with project spelcif- ications. It is also proposed to accomplish the work on a unit price basis in accordance with the attached Schedule of Services and Fees. PSI ' s fees would be determined by the actual amount of technical time expended for this project and the amount of laboratory testing performed. Our estimate for cost not to exceed on this project is $1 ,256.00. PSI will proceed with the work after receipt of a signed copy of this proposal . When returning the proposal , please complete the attached ?rOec:t Data Sheet so that your file can be properly established. 1403 Timber Drive • Elgin, IL 60120 • Pr-cr. 3:12 10 7.-==== Professional Service Industries !City of Elgin !June 28, 1984 'Page two of six PSI appreciates the opportunity to offer its services to your prc,j• 'P:t and looks forward to working with you during the construction phase. t you have any questions regarding this proposal , or if we can be of further !service to you in any way, please feel free to contact us. Respectfully submitted, A & H/FLOOD ENGINEERING DIVISION . John 3. : 3alun Branch Manager Thomas S. LeDonne, P.E . Vice-=resident JJB/be Attachments : Project Data Sheet Schedule of Services and Fees General Conditions AGREED TO THIS DAY OF , BY: ! TITLE: FIRM: n==== Professional Service Industries - dCity of Elgin !Pune 28, 1984 Page three of six ESTIMATE OF TIME & COSTS Compaction Control Sub-base 10 Hour Base Course 10 dc.) ; Total 20 Hobr-:, • Cost: 20 Hours x $26.00 = $520.00 1 Bituminous Concrete Binder 5 HOurS , Surface 5 Hour-, _ Total 2-(5-T5T Laboratory Services Compressive Strength Testing of Concrete Cylinders : Cost: 16 Cylinders x $6.25 = $100.00 Moisture Density Tests (Standard) : Cost: 2 Tests x $90.00 = $180.00 Total : $280.00 Engineering Services Project Engineer 4 Holirs' Cost: 4 Hours x $49.00 = $196.00 Miscellaneous Mileage to and from site: No Charge TOTAL CHARGES Compaction Control $520.:74 Bituminous Concrete $260.f_q Laboratory Services $280.1,0 Engineering Services $196.00 ! Total Estimated Cost: .; — Professional Service Industries • City of Elgin June 28, 1984 Page four of six NOTES: , 1. Personnel rates quoted are based on an 8 hour work day, Monday through Friday from 8:00 A.M. through 5:00 P .M. Services performed outside of these hours and on Saturdays , Sundays and holidays will be subject to overtime rates. Rates are based on portal to portal time. 2. All rates presented in this proposal are applicable to your projects for the period through December 31 , 1984, thereafter, all rates quoted in this proposal are subject to escalation on January 1, 1985. 3. Invoices will be submitted once a month for services rendered during the prior month. 4. Ratesd quoted above include five (5 ) copies of reports distributed Hind mailed in accordance with your instructions. Additional copies will be billed at a rate of $0.25 per sheet . 5. A certificate of insurance will be supplied upon request. y of Elgin .e 28, 1984 1-1p five of six GENERAL CONDITIONS 1. PARTIES AND SCOPE OF WORK: Professional Service industries, Inc ir-ereriniii!et t••• 'sus P i • • : • • 0,11 i ( Jr irvision, subsidiary or affiliate performing the work "Work" means 0h€: L■••• •0.•; c.,...mn€(1 by P S.I. as set forth in P.S.I.'s proposal, the clients acceptance 001,r'';•,0 .••;(.0 •• • irk7,•st::entity ordering the work to be done by P S.I If the(relent is ordering tee ik 0•:(• ',Tr. ., • ' , 'Par••,: •S 0,0e duly authorized agent of said party for the prose of ordering sa'•1 •.•,•••“k. • 0,••••• ' • '; S' rnr sole responsibility for determining whether the qua•10,ty and the ar U ti e , O )r ,Wended purpose.Client shall communicate these General Conciirion . ! airid ever t'1,f p 10••v a P.S I.shall have no duty or obligation to any th,td part greater tilde r.r1 ii et! ieirri vets,. •• rie f rs'„e erai Conditions The ordering of work from P SI s hal:constitute ac( s 2 TESTS AND INSPECTIONS:Client shall cause all tesrs and inspections or ete materie and a k perf:. i riy performed in accordance with the plans, specifications and iessritra -sor.err en's arid P f; , t tni rniige injury shall be brought against P.S I.by client or any third party on es' aH -0.-• •: ,rt.'7,dril•uns have been followed.The client agrees to,edemnify,defeno and i e.flieers erne •;•-;•: 1,j;- •s; ;•al i ms suits,losses,costs and expenses,including,but not limited to ecere r,sasi-marile inseections are not so performed or P.S l.'s recommendations are not so f.ii exec,.! to ore exr.eni n 'o' I'' et se ; sii.;enc willful or wanton act or omission of P.S.1, its offici,Js,agents or e:r SCHEDULING OF WORK:The services set forth in PS I is proposal and the c • ! .y.il triii a,-c,ee. a• • -re: -,Itreer.,-ierial manner by P.S I. personnel at the prices quorecl It P S.I.is requ,iel t d. corrimer-e-ernee:re the rk P.S i IS reqUIred to stop or interrupt the progress as a result of;mi. *see s. of re ,Neek it !•, i • • t fee Istt .1.,■•(-r-nc-nts of third parties,interruptions in the progress of c.-.,nstruction.or ewer Ire,cria tie • • ,1r5 •,&,11 be applicable and payable by the client 4 ACCESS TO SITE: The client will arrange and provide such access to ire se. 0••00 i • •• re t , : tt'e measures and precautions to minimize damage ra the site and and,n7;,, r '7, • ::.1!, 100-0; ,1• • •• n0,:; 0.,however,P.S.I has not included in its fee the eiss:at restoration o! .rer 1. It!he ci ere ; siit I 'I ' i ts former condition,upon written request PSI preform such;letter:, riai st. e,rei:es ti.tr , I ,i,:v ii • • (es ilereoi DAMAGE TO EXISTING MAN-MADE OBJECTS: Unless P.S.I. has a.-,seere,i Anti,',,:) ',!<J •' : n' Or nt the client agrees to indemnify and save P S.I.narmless from all s, ,!!, e•;.:)(,••7, p, , • •-•.; •nf; result of persona!injury,death or property damage occurring with rti--:.,oec!7 /,`.C-,; • jr1 V ' ( !wens or dan-iage to subsurface or latent otaiects str,retures.lines ar i atiiii In wreee tee;iere cy pH. . iir It' i.,ealed to P S I by the client. RESPONSIBILITY: PS I's work shall not include determining or imolenies tin ! tee rine rer V intr it !r!,1 Jr, I S I shall not be responsible for evaluating ieporting or affect eg ict ant; eeeeroini: ; erforrn same shall not in any way excuse any contractor subcontiastai er steadier ere rE.,-t,.rmirr- • A . 1 : sijo..erents SAMPLE DISPOSAL: Unless otherwise agreed,test specimens or samples ii,seceter: ' • be disposed sixty(601 days Dl 't sabmission of t. se it a-- irica : - . _ • utim.itai of P S I s final report. Permanent curation oI archaeoiog r-a .. e • Pf!,`(MENT:The client shall be invoiced once each 11-13r-In?..)!work pertoir f I. • I) r■•■, .1'.11,1,1", Tr iiee; 0:eel lays of It';receipt The client further agrees' pas interest on aii are. tee ; ir or, to !a, period at the rate of eighteen ISIF:\ percent, r.,= annum Or the r r r t • . .00 • ••or The ielent agrees to pay P S.I.'s cost ef iection of ail , Jr-i . '('us To This Agreement may be terminated rY, e.r.ner party upon see, erie,f n itee r; fey the client for ail services performed ue, to and including n ,!etri reeiel,n4 reit eI such services and records as are necessary io place P.S.I's : ,oretroc ., P S I s services will be performed, its findings obtained Tin i:• !Ht:,, ,ti!,;1 in aCCCni,. ..,.! ; • ,cot.these General Conditions and with geriera!ly accepted pr i iir -op!rrei tt - if)OW1,;HTHH.: of care and skill ordinarily exercised undirr circurnster tts ir, p 0 '3','a' t- • • ' ?xr;re.,:s or implied, r any of its professional employees be found to nave been negi ,r-: . . in"'press or implied warranty,the client and parties claiminei •• tht, ;-; S I and its professional employees shall be lirnited to$50 000 Cie rai it ' paid tes p - tht, subject protect, whichever amourt is the greater t the client is unwilling or unable to limit P Si's wits naccord anse irs -(essit t forth in trri=i p.ralire : t sem equivalent to an additional amount of i,3%of the total fee to be i ''h-on ,• nis charge will not be construed as being a Cr-large for ineuil e typt, istst• • ! t. .14Ei■F-MNITY: The client,and if the client is acting as an agent for a princes, it ot Are iris; ver,ri< te.rm P lid i! ' :rd hold PS its officers,employees and agents harmless from any e tirn 'cost: rio etis,' V O , mired ad rieasonai)leattorneYs fees arising or alleged to have arisen out - frrt-m io ie: of P 5 I r, ar 0 ,•• .• :•'1 ir'ts t,i,ifu or wanton act or omission of the client or the client's principt:e c ei i ic,r',','i. -o 005 0'orrie r t ' .risied ae,le except to the extent that such claim,suit,loss or damage or men, s ho fiie negligent act tie = se acts S I maybe liable I n the event that the client or the client's principal s e e i l rei )g s r.i! " ',O 0 or aCt art , m P • • ›*-it!ha'P.S.I shall prevail in such suit,cause of action,claim or coueteiCaire!he party ,11''it.Inc;seen sr' i .Kurred by PSI. to answer and/or defend such suit, cause of,itctio !ore if.es ess fees and other related expenses. • ARBITRATION:Anything contained in any other contract documents or no F ! sriall not ho'scree b,- • s, riere,!-erietr.r. . ria providing for arbitration of disputes or controversies arising out of 00•,(;-;-C,•-•,70e1a,(..c, I,' p , 1 Ignt: to a mechanic's lien. 184GCS ty of Elgin 28, 1984 six of six PROFESSIONAL SERVICE INDUSTRIES, INC. PROJECT DATA SHEET SUBSURFACE EXPLORATION 1. Project Name: 2. Project Location: 3. Your Job No.: —_- Purchase Order No.. 4. Project Manager. Telephone No: 5. Number and Distribution of Reports: ( 1 Copies To: i ) Copes To: Attn.: Attn: 6. Invoicing Address: Attn.: 7. Type of Structure: ----____ Number of Floors 8. Special Equipment or Installation: 9. Interior Column Spacing: Exterior Column Spacing: 10. Exterior Column Load: __ _ Live:- Dead: 11. Interior Column Load: — _ ._ Live:_ - Dead 12. Floor Slab Load: Slab on Grade: _- . Basement/Depth 13. Will elevation of site be raised by filling: How Much: 14. Septic Tank: —_---_---- Storm Water Drainage: _ 15. Pavement Type: Traffic Load: - Traffic Type.- 16. Other pertinent information: 17. Is there any previous subsurface information available; Signature: -___-_- --- Title:. - .- - - Date. SPECIFICATIONS FOR WESTON AVENUE IMPROVEMENTS CITY OF ELGIN June 26, 1984 Engineering Division 150 Dexter Court Elgin, Illinois NOTICE TO BIDDERS Sealed bids for the Weston Avenue Improvement will be received by the Purchasing Agent of the City of Elgin, Illinois, 150 Dexter Court 60120, until 11 :00 A.M. on July 17, 1984 and at that time they will publicly be opened and read. All bidders will receive a copy of the bid tabulation sheet after the contractor has been selected. The proposed improvement includes 1 ,397 C.Y. of Earth Excavation, approximately 300 C.Y. of Special Excavation, 2,781 S.Y. of Aggregate Base Course Type A, 10" , 240 Ton of Bituminous Concrete Binder Course Class B 11/2" , 240 Ton of Bituminous Concrete Surface Course Class B 12", Storm Sewer, Curb and Gutter, Sidewalk Removal and replacement and various other items to complete the project. Copies of the plans, specifications, proposal and contract forms may be obtained from the Purchasing Agent, City of Elgin, 150 Dexter Court, Elgin, IL 60120 upon Receipt of $20.00 per set which is not refundable. All proposals must be accompanied by a Certified or Cashier's Check, Bank Draft or a properly executed Proposal Bid Bond for an amount equal to at least ten (10%) percent of the bid, payable without condition to the City of Elgin, Illinois, which sum shall be forfeited in case the successful bidder fails to enter into a binding contract and provide properly executed contract surety bond within fifteen (15) days after the date the contract has been awarded to him. The successful bidder shall be required to furnish a contract bond satisfactory to the City of Elgin by a surety company authorized to do business in the State of Illinois covering the full amount of his contract. Proposals may be withdrawn at any time prior to the hour of opening of bids, when requested in writing, but no proposal may be withdrawn after the time of opening of bids is past. Any proposal so withdrawn may not be re- submitted at the same letting. Each bidder shall satisfy the City as to his ability, financial and otherwise, to carry out the work. The City of Elgin reserves the right to reject any and all bids and to reject the bid of any person or firms who, in its opinion, have not had sufficient experience in the type of construction on which they are bidding, or who is not provided with the necessary capital , materials, machinery and supervisory personnel to execute the work to be contracted. Mike Sarro Purchasing Agent , I CITY OF ELGIN GENERAL PROVISIONS SECTION 1. Definition of Terms 1.1 Department. The City of Elgin Department of Public Works. 1.2 Engineer. City Engineer of the City of Elgin. 1.3 Inspector. The authorized representative of the Engineer assigned to make detailed inspection of any or all portions of the work or materials therefore. 1.4 Bidder. Any individual, firm or corporation submitting a proposal for the work contemplated. 1.5 Contractor. The bidder awarded the contract for the work. 1.6 Surety. The corporate body, individual or individuals, which are to be responsible for the bidders acts during execution of the contract in the event of its being awarded to him, or which are bound with and for the contractor to insure his acceptable performance of the contract, his payment of all obligations pertaining to the work, and his fulfill- ment of such other conditions as may be specified or otherwise required by law. 1.7 Plans. All official drawings or reproductions of drawings pertaining to the work provided in the contract. 1.8 Specifications. The general and special provisions, special conditions and detailed specifications contained therein together with written agreements and all other executed documents which describe the method or manner of performing the fork, the quantities, or the quality of material to be furnished under the contract. 1.9 Special Provisions. Any and all special directions, provisions, and re- quirements prepared to cover the method or manner of performing work on a particular project, or cover the quantities or quality of the materials to be furnished under the contract, which are not covered herein. The special provisions included in the contract shall govern the work and take precedence over the plans and general provisions wherever they conflict therewith, but they shall not operate to annul those portions of the general provisions with which they are not in conflict. 1.10 Notice of Letting. The official notice inviting proposals for proposed improvements. 1.11 Notice to Bidders. The official notice, included in the proposal, in- viting bids for proposed improvements. 1.12 Proposal. The written offer of the bidder to perform the proposed work. 1 GP 1.13 Proposal Guaranty. The security designated in the proposal to be furnished bj thc bidder as a guaranty that said bidder will enter into a contract with the Department for the acceptable performance of the work and will furnish the required contract bond, if the work is awarded to him. 1.14 Award. The decision of the Department to accept the proposal of the lowest responsible bidder for the work, subject to the execution and approval of a satisfactory contract therefore, and bond to secure the performance thereof, and to such other conditions as may be specified or otherwise required by law. 1.15 Contract. The written agreement covering the performance of the work and the furnishing of labor and material for the construction of the work. The contract includes the notice to contractors, proposal, con- tract bond, specifications and plans. 1.16 Contract Bond. The approved form of security furnished by the Contractor and his surety as a guaranty that he will execute the work in accordance with the terms of the contract. 1.17 The Work. The improvement advertised for letting, described in the pro- posal form indicated on the plans, and covered in the specifications and contract, and authorized alterations, extensions and deductions, includ- ing labor, tools, equipment, materials, and incidentals necessary for the satisfactory completion of the project. • SECTION 2. Proposal Requirements and Conditions 2.1 Contents of the Proposal Form. Bidders will be furnished with proposal forms stating the location and description of the work contemplated, the approximate quantities of work to be performed or materials to be furnished, the amount of the proposal guaranty, and the date, time, and place of filing and opening proposals. All documents bound with or at- tached tc the proposal shall be considered a part thereof, and shall not be detached or altered. 2.2 Interpretation of Estimate of Quantities. An estimate of quantities of work to be done and materials to be furnished under the specifications is given in the proposal. It is the result of careful calculations and is believed to be correct, but is given only as a basis for comparison of proposals and the award of the contract. The Department does not agree that the actual quantities involved will correspond exactly there- with; nor shall the bidder plead misunderstanding or deception because of such estimate of quantities, or of the character, location or other conditions pertaining to the work. 2.3 Examination of Plans, Specifications, and Site of Work. The bidder shall, before submitting his bid carefully examine the proposal, plans, specifications and form of contract and bond. He shall inspect in detail the site of the proposed work and familiarize himself with all local con- ditions affecting it. If his bid is accepted, he will be responsible for all errors in his proposal resulting_ from his failure or neglect to comply with these instructions. 2 GP 2 J Preparation of the Proposal. The bidder shall submit his proposal on the forms furnished by the Department. The proposal shall be executed properly, and bids shall be made for all items indicated in the pro- posal form. The bidder shall indicate, in figures, a unit price for each of the separate items called for in the proposal; he shall show the products of the respective quantities and unit prices in the column provided for that purpose, and the gross sum shown in the place indicated in the proposal shall be the summation of said products. All unit prices shall be conditioned on furnishing a bond executed by a corporate surety company satisfactory to the Department. All writing shall be with ink or typewriter, except the signature of the bidder which shall be written with ink. If the proposal is made by an individual, his name and post office address shall be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership shall be shown. If made by a corporation, the proposal shall show the name of the State in which the Corporation was chartered, the names, titles and business addresses of the president, secretary, and treasurer and seal of the corporation shall be affixed and attested by the secretary. 2.5 Rejection of Proposals. Proposals that contain omissions, erasures, alterations, additions not called for, conditional or alternate bids unless called for, irregularities of any kind, or proposals otherwise regular which are not accompanied by a bank cashier's check, or a bank draft may be rejected as informal or insufficient. 2.6 Proposal Guaranty. Each proposal shall be accompanied by a bank draft drawn on the New York, Chicago, or St. Louis Exchange, a bank cashier's check or a properly certified check for not less than ten (10) percent of the amount of the bid made payable to the awarding authority. In no case will a proposal guaranty for less than three hundred dollars ($300.00) be accepted. 2.7 Delivery of Proposals. Proposals shall be delivered prior to the time and at the place indicated in the notice to bidders. Each proposal shall be placed in a sealed envelope clearly marked to indicate its contents. If forwarded by mail the proposal shall first be placed in the aforesaid en- velope and then placed in an outer envelope addressed to the Department. Only sealed proposals will be accepted. Proposals sent by mail will not be opened unless received at the place of letting prior to the time of opening proposals. Envelopes postmarked prior to the time of opening proposals will not be accepted. 2.8 Withdrawal of Proposals. Permission will be given a bidder to withdraw a proposal if he makes such a request in writing prior to the time of opening proposals. If a proposal is withdrawn, the bidder will not be permitted to submit another proposal for the same work at the same letting. 2.9 Disqualification of Bidders. Any one or more of the following causes may be considered as sufficient for the disqualification of a bidder and the rejection of his proposal: 3 GP (a) More than one proposal for the same work from an individual, firm, or corporation under the same or different names. (b) Evidence of collusion among the bidders. (c) Unbalanced proposals in which the prices for some items are not of proportion to the prices for other items. (d) Failure to submit a unit price for each item of work listed in the proposal. (e) Lack of competency as revealed by the financial statement or experience questionnaire required under Article 2.10. (f) Unsatisfactory performance record as shown by past work for the Department, judged from the standpoint of workmanship and progress. (g) Uncompleted work which in the judgment of the Department, might hinder or prevent the prompt completion of additional work. 2.10 Competency of Bidders. Each bidder shall furnish the awarding authority, upon request, with satisfactory evidence of his competency to perform the work contemplated. When requested, he shall submit a statement show- ing his financial condition, also, if requested a financial statement shall be prepared by a certified public accountant and submitted on forms furnished by the awarding authority. The bidder, if requested, shall also answer and submit questionnaires relating to his experience in per- forming construction work similar to that for which he is offering_a proposal. Before an award is made, the bidder may, at the option of the awarding authority, be required to file a statement showing the type, amount and condition of equipment which will be available, and an outline of his plans for conducting the work, using forms provided by the awarding authority. Before an award is made, the bidder may, at the option of the awarding authority, be required to furnish a statement showing the value of all uncompleted work for which he has entered into contracts. SECTION 3. Award and Execution of Contract 3.1 Consideration of Proposals. The proposals received will be compared on the basis of the summation of the products of the items of work and the unit prices offered. In case of discrepancies between the gross sum shown in the proposal and that obtained by adding the quantities of work and unit prices, the unit prices shall govern, and any errors found in said products shall be corrected. In awarding contracts, the Department will, in addition to considering the amounts stated in the proposals, take into consideration the responsibility of the various bidders as determined from a study of the data required under Section 2.10, and from other in- vestigations which it may elect to make. 4 GP The right reserved to reject any or all proposals, to waive technical- ities, and to advertise for new proposals, or to proceed to do the work otherwise if, in its opinion, the best interest of the Department will be protected thereby. 3.2 Award of Contract. Except in cases where the Department exercises the right reserved under Article 3.1 to reject any or all proposals, the contract will be awarded by the Department, as soon as practicable after the opening of proposals, to the bidder who has submitted the lowest pro- posal with all requirements of the specifications as to the responsi- bility of bidders. If a contract is not awarded within sixty (60) days after the opening of proposals, a bidder may file a written request with the Department for the withdrawal of his bid and the Department at its discretion, may permit such a withdrawal. 3.3 Return of Proposal Quaranty. The proposal guaranties of all except the two lowest bidders will be returned promptly after proposals have been checked, tabulated and the relation of the proposals established. Pro- -posal'guaranties`of the tiro" loiiest bidders will be:returned as soon as the contract and bond of the successful bidder have been executed and approved. 3.4 Requirement of Contract Bond. The successful bidder, at the time of the execution of the contract, shall deposit with the Department a surety bond for the full amount of the contract. The form of the bond shall be that furnished by the Department, and the surety shall be acceptable to the Department. 3.5 Ebcecution of the Contract. The contract shall be executed by the bidder, the bond shall be executed by the principal and sureties, and both shall be presented to the Department within fifteen (15) days after the date of notice of the award of the contract. 3.6 Failure to Execute Contract. Failure on the part of the successful bidder to execute a contract and an acceptable bond, as provided herein, within fifteen (15) days from the date of notice of the award of the contract, will be considered as just cause for the annulment of the award and the forfeiture of the proposal guaranty. SECTION 4. Scope of the Work 14.1 Intent of the Plans and Specifications. The intent of the plans and the specifications is to prescribe a complete outline of work which the Contractor undertakes to do in full compliance with the contract. The Contractor shall perform all work as may be necessary to complete the work to the finished lines, grades and cross sections in a substantial and acceptable manner. Be shall furnish all required materials, equip- ment, tools, labor and incidentials, unless otherwise provided in the con- tract, and shall include the cost of these items in the contract unit prices for the several units of work. 5 GP 4.2 Alterations, Cancellations, Extensions, and Deductions. The Department reserves the right to alter the plans, extend or shorten the improvement, and such incidental work as necessary, and increase .� or decrease the quantities of work to be performed to accord with such changes, including the deduction or cancellation of any one or more of the unit price items. Such changes shall not be con- sidered as a waiver of any condition of the contract nor to invali- date any of the provisions thereof. A supplemental agreement be- tween the Contractor and the Department will be required where such changes result in net increase or a net decrease in the amount of the contract by twenty-five (25) percent of the original contract price. 4.3 Final Cleaning Up. Upon completion and before final acceptance of the work, the Contractor shall remove from within the limits of the right-of-way, easement, or limits of the improvement all machinery, equipment, surplus material, falsework, excavated and useless mate- rials, rubbish, temporary buildings, barrlcades and signs, and shall clean up camp sites, plant sites, and storage and siding grounds. The Contractor shall clean off all cement streaks or drippings, paint smears or drippings, rust stains, oil, grease, bituminous materials, dirt and other foreign materials deposited or accumulated on any structure or curb and gutter due to his operations . SECTION 5. Control of the Work 5.1 Authority of Engineer. All work shall be done under the supervision of the Engineer, and to his satisfaction. He shall decide all ques- tions which arise as to the quality and acceptability of materials furnished, work performed, manner of performance, rate of progress of the work, interpretation of the plans and specifications, accep- table fulfillment of the contract, compensation and disputes and mutual rights between Contractors under the Specifications. He shall determine the amount and quality of work performed and mate- rials furnished, and his decision and estimate shall be final. His estimate shall be a condition precedent to the right of the Contrac- tor to receive money due him under the contract. In case of failure on the part of the contractor to execute work ordered by the Engineer, the Engineer may, at the expiration of a period of forty-eight (48) hours after giving notice in writing to the Contractor, proceed to execute such work as may be deemed neces- sary, and the cost thereof shall be deducted from compensation due or which may become due the contractor under the contract. 5.2 Plans and Working Drawings. Plans showing such details as are necessary to give a comprehensive idea of the construction contem- plated will be furnished by the Department. The contractor shall submit to the Engineer for approval such additional shop working, (Continued) 6 GP or layout drawings pertaining to the construction of the work, as may be required, and the finished work shall conform with such plans and approved working drawings with the exception of such deviations as may be author- ized by the Engineer in writing. Prior to the approval of Contractor pre- pared working drawings, any work done or materials ordered shall be at the Contractor's risk. The contract price shall include the cost of furnishing such working drawings. 5.3 Coordination of Specifications, Plans, Proposal, and Special Provisions. The specifications, the accompanying plans, the proposal, and all supple- mentary documents are intended to describe a complete work and are essen- tial parts of the contract. A requirement occurring in any of them is binding. In case of discrepancy, figured dimensions shall govern over scaled dimensions, special provisions shall govern over both general pro- visions and plans, and the quantities shown on the plan shall govern over those shown in the proposal. The contractor shall take no advantage of any apparent error or omission in the plans or specifications, and the Engineer shall be permitted to make such corrections and interpretations as may be deemed necessary for the fulfillment of the intent of the plans and specifications. 5.4 Cooperation with Utilities. All utility appurtenances which are within the limits of the proposed construction are to be moved by the owners at their expense, except as otherwise provided for in the special provisions or as noted on the plans. It is understood and agreed that the Contractor has considered in his bid all of the permanent and temporary utility appurtenances in their present or relocated positions that may be encountered during construction and no additional compensation will be allowed for any delays, inconvenience, or damage sustained by him due to any interferences from the said utility appurtenances either by the utility company or by him, or on account of any special construction methods required in prosecuting his work due to the existence of said appurtenances either in their present or relocated positions. The contractor shall insure that prompt repairs are to the approval of the Engineer's effected on any utility appurtenances damaged by him without compensation from the Department. 5.5 Construction Stakes. Construction stakes will be set to mark the general location, alignment, elevation, and grade of the work. The Contractor shall assume full responsibility for dimensions and elevations measured from such stakes. He shall exercise proper care in the preservation of stakes set for his use or the use of the Engineer, and if he displaces, loses, or removes them during his operation, they may be reset at his expense. The Contractor shall furnish at his expense the size, quality, and quantity of stakes required by the Engineer. If he fails to furnish such stakes at the time and place specified, the Engineer may purchase the same and deduct the entire cost from the compensation due the contractor. The Contractor shall, at the request of the Engineer, furnish the necessary labor to set the stakes and make the necessary measurements. He shall be reimbursed for the actual cost of such labor, actual cost to include the time actually 7 GP engaged on such work, but not to include profit, overhead, or rental charge for tools or other equipment. The Contractor shall also be re- imbursed for the actual cost of contractor's bond, public liability and property damage insurance, workmen's compensation insurance and social security tax required for labor in setting stakes and making measure- ments, to which no percent shall be added. 5.6 Inspection. All materials and each part or detail of the work shall be subject at all times to inspection by the Engineer or his Inspectors, and the Contractor will be held strictly to the true intent of the specifi- cations in regard to quality of materials, workmanship, and diligent execu- tion of the contract. The Engineer or his Inspectors shall be allowed access to all parts of the work, and shall be furnished with such informa- tion and assistance by the Contractor as is required to make a complete and detailed inspection. The Contractor shall, if the Engineer requests, remove or uncover such portions of the finished work as the Engineer may direct before final acceptance of the same. After the examination, the Contractor shall re- store said portion of the work to the standard required by the specifica- tions. If the work thus exposed or examined proves acceptable, the ex- pense of uncovering or removing and the replacing of the parts removed shall be paid for as extra work, but if the work so exposed or examined is unacceptable, the expense of uncovering or removing and replacing of the same shall be borne by the Contractor. 5.7 Removal of Defective and Unauthorized Work. Work done without lines and grades being given, or beyond the lines shown on the plans or as given, except as herein provided, or any extra work done without authority will be considered as unauthorized and at the expense of the Contractor, and will not be measured or paid for. Work so done may be ordered removed or replaced at the Contractor's expense. All work which has been rejected or condemned shall be remedied or removed and replaced, in a manner approved by the Engineer, by the Contractor at his own expense. Upon failure on the part of the Contractor to comply promptly with any order of the Engineer made under the provisions of this article, the Engineer shall, after giving written notice to the Contractor, have the authority to cause defective work to be remedied, or removed and replaced, or to cause unauthorized work to be removed, and deduct the cost thereof from any compensation due or to become due to the Contractor. 5.8 Final Inspection. The Engineer shall make final inspection of all work included in the contract., or any portion thereof one mile or more in length, as soon as practicable after notification in writing by the Contractor that the work is completed and ready for acceptance... If the work is not accept- able to the Engineer at the time of such inspection, he shall inform the Contractor as to the particular defects to be remedied before final accept- ance can be made. 8 GP SECTION 6. Control of Materials 6.1 Quality of Materials. It is the intent of the specifications that first class materials shall be used throughout the work, and which shall be capable of being incorporated in such a manner as to produce completed construction which is workmanlike and acceptable in every detail. Only materials which conform to the plans and specifications shall be incor- porated in the work. When requested by the Engineer, the Contractor shall furnish a notarized statement of the origin, composition, quality, and manufacture of any or all materials that are used in the work. The source of supply of each material used shall be approved by the Engineer before delivery is started. If sources previously approved are found to be unacceptable at any time and fail to produce materials satis- factory to the Department, the Contractor shall at his own expense furnish materials from other approved sources. 6.2 Inspection and Storage of Materials. All materials will be inspected by the Engineer. The Contractor shall give sufficient advance notice of placing orders to permit tests to be completed before the materials are incorporated in the work, and shall afford such facilities as the Engineer may require for collecting and forwarding samples and making inspections. All samples shall be furnished without charge to the Department. The Contractor shall not make use of or incorporate in the work the materials represented by the samples until tests have been made and materials found to be in accordance with the specifications. If it is necessary to store materials, they shall be protected in such a manner as to insure the preservation of their quality and fitness for the work. All stored material shall be inspected at the time of use in the work, even though they may have been inspected and approved before being placed in storage. Materials stored at the project site shall be placed so as to not create a hazard or nuisance or to in anyway damage private or public property. Storage of materials is at all times subject to the approval of the Engineer. SECTION 7. Legal Relations and Responsibility to Public 7.1 Law to be Observed. The Contractor shall at all times observe and comply with all Federal and State laws, local laws, ordinances and regulations manner• in any marer affect the conduct of the work, and all such orders or decrees as exist at the present and which may be enacted later, of legislative bodies or tribunals having legal jurisdiction or authority over the work and no plea of misunderstanding or ignorance thereof will be considered. Be shall indemnify and save harmless the Department and all of its officers, agents, employees, and servants against any claim or liability arising from or based on the violation of such law, ordinance, regulation, order, or decree, whether by himself or his employees. 9 OP 7.2 Workmen's Compensation Insurance. The Contractor shall maintain insurance covering Workmen's Compensation, or provide satisfactory evidence that this liability- is otherwise taken care of do accordance with Section 26 of the "Workmen's Compensation Act of the State of Illinois." Such insurance, or other means of protection as herein provided shall be kept in full force until all work to be performed under the terms of the contract has been completed and accepted in accordance with the specifications. Failure- to maintain such insurance, cancellation by the Industrial Commission of its approval of such other means of pro- tection as might have been elected, or any other act which results in lack of protection under said /Workmen's Compensation Act" may be con- sidered as a breach of Contract. 7.3 Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution. 7.J Patented Devices Material and Processes. If any design, device, material or process covered by etters patent or copyright is used by the contractor, whether required or not, he shall provide for such use by suitable legal agreement with the patentee or owner, guaranteeing the Department indemnity from all claims for infringement, and shall include the cost of such agreement in the price bid for the work. 7.5 Restoration of Surfaces Opened by Permit. Any individual, firm or corporation wishing to make an opening in the surface of any public street, road, or highway or other public property must first secure a permit from the Department, and the Contractor shall not allow any person to make an opening unless a duly authorized permit from the Department is presented. The Contractor shall insure that the surface so disrupted by such openings will be replaced as indicated in the "Special Provisions" to the satisfaction of the Engineer. 7.6 Sanitary Provisions. The Contractor shall observe all rules and regula- tions of the State or local health departments, and shall take precau- tions to avoid unsanitary conditions. 7.7 Public Convenience and Safety. The Contractor shall notify the Engineer at least three (3) days in advance of the starting of any construction work which might in anyway inconvenience traffic, and the Contractor shall at all times conduct the work in such a manner as to insure the least ob- struction to vehicular and pedestrian traffic. Whenever possible, the Con- tractor shall provide and maintain at his own expense such temporary roads and approaches as may be necessary to provide access to driveways, houses, buildings or other property abutting the improvements. 7.8 Barricades and Warning Signs. The Contractor shall provide, erect, and maintain such barricades, signs, flags, and lights and the erection and maintenance of same area at all times subject to the approval of the Engineer. (Continued) 10 GP The Contractor will be held responsible for all damage to the work, even though barricades, signs, flags and lights are installed as re- quired above. Whenever evidence of such damage is found prior to acceptance, the Engineer may order the damaged portion immediately removed and replaced by the Contractor at his awn expense. The Con- tractor's responsibility for the maintenance of barricades, signs, flags and lights shall not cease until the work has been accepted. The cost of maintaining barricades, warning signs, red flags and red lights as required herein shall be incidental to the contract and no extra compensation will be allowed. 7.9 Equipment on Pavement and Structure. The pavement and structures on or adjacent to the work shall be protected, in a manner satisfactory to the Engineer, to damage by lugs or cleats on treads or wheels of the equipment. Any damage to adjacent pavement or structures by lugs or cleats or excessive loads from Contractor equipment shall be repaired by the Contractor at his expense as directed by the Engineer. 7.10 Use of Fire Hydrants. If the Contractor desires to use water from hydrants, he shall make application to the proper authorities and shall conform to the municipal ordinances, rules or regulations con- cerning their use. Fire hydrants shall be accessible at all times to the Fire Department. No material or other obstructions shall be placed closer to a fire hydrant than is permitted by municipal ordinances, rules or regulations, or within five (5) feet of a fire hydrant, in the absence of such ordin- ances, rules or regulations. 7.11 Protection and Restoration of Property. If corporate or private prop- erty interferes with the work, the Contractor shall notify, in writing, the owners of such property, advising them of the nature of the inter- ferences and shall arlauge to cooperate with them for the protection or disposition of such property. The Contractor shall furnish the Engineer with copies of such notifications and with copies of any agreements be- tween him and the property owners concerning such protection or disposi- tion. The Contractor shall take all necessary precautions for the protection of corporate or private property such as walls, foundations of buildings, vaults, underground structures of public utilities, underground drainage facilities, overhead structures of public utilities, trees, shrubbery, crops and fences contiguous to the work, of which the contract does not provide for removal. The Contractor shall protect and carefully preserve all official survey monuments, property marks, section markers and Geo- logical Survey Monuments or other similar monuments, until the owner or authorized surveyor or agent has witnessed or otherwise referenced their location or relocation. The Contractor shall notify the Engineer of the presence of any such survey or property monuments as soon as they are discovered. 11 GP The Contractor is responsible for the damage or destruction of property of any character 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 be released until the work shall have been completed and accepted and the requirements of the specifications complied with. Whenever public or private property is so damaged or destroyed, the Contractor shall, at his own expense, restore such property to a con- dition equal to that existing before such damage or injury was done by repairing, rebuilding or replacing it as may be directed, or he shall otherwise make good such damage or destruction in an acceptable manner. If he fails to do so, the Engineer may, after the expiration of a period of 48 hours after giving him notice in-writing, proceed to repair, rebuild or otherwise restore such property as may be deemed necessary, and the cost thereof shall be deducted from any compensation due, or which may become due, the Contractor under his contract. The cost of all materials required and all labor necessary to comply with the above provisions will not be paid for separately, but shall be considered as incidental to the contract. 7.12 Responsibility for Damage Claims. The Contractor shall indemnify and save harmless the Department, its officers and employees and the Engineer, from all suits, actions, or claims of any character brought because of any injuries or damages received or sustained by any person, persons, or property on account of the operations of said Contractor, or on account of, or in consequence of, any neglect in safeguarding the work; or through use of defective or unacceptable materials in constructing the work; or because of any act or omission, neglect, or misconduct of said Contractor; or because of any claims or amounts arising or recovered under the "Workmen's Compensation Act" or any other law, ordinance, order, or decree; and so much of the money due the said Contractor under and by virtue of his contract as shall be considered necessary to the Department or in case no money is due, his purety shall be held until such suit or suits, action or actions, claim or claims for in- juries or damages as aforesaid shall have been settled and suitable evidence to that effect furnished the Department. 7.13 Opening of Section of Roadway to Traffic. The work under construction shall not be opened to traffic until authorized by the Engineer in writing. Any such opening shall not be construed as an acceptance of the roadway, or any part of it, or as a waiver of any of the provisions of the contract. At any time prior to final acceptance that work proceeds on a portion of roadway open to traffic the Contractor shall conduct his construction operations, only such materials and equipment shall be placed or stored on the pavement as will be used in any one day's construction operations, and the pavement shall be entirely cleared of all obstructions at night. 12 GP 7.1)4 Contractors Responsibility for Work. The work shall be under the charge and care of the Contractor until acceptance by the Engineer. The Contractor shall assume all responsibility for injury or damage to the work by the action of the elements or from any other cause whatsoever, whether arising from the execution or non-execution, of the work. The Contractor shall rebuild, repair, restore, and make good, at his expense, all injuries or damages to any portion of the work occasioned by any of the above causes before its completion and acceptance. When materials are furnished to the Contractor by the Department, for inclusion in the work, the Contractor's responsibility for all such material shall be the same as for materials furnished by him. 7.15 Personal Liability of Public Officials. In carrying out any pro- visions of this contract or in exercising any power or authority granted to him thereby, there shall be no personal liability upon the Engineer or his representatives, it being understood that in such matters he and they act as agents and representatives of the Department. 7.16 Prevailing Wage Rates. It shall be mandatory upon the Contractor to whom the contract is awarded, and upon any sub-contractor under him, that the general prevailing rate of wages in said municipality for each craft or type of workman or mechanic needed to execute the contract or- perform such work and also, the general prevailing rate for legal holi- day and overtime work as ascertained by the City of Elgin or by the Department of Labor, shall be paid for each craft or type of workman needed to execute the contract or to perform such work. SECTION 8. Prosecution and Progress 8.1 Subletting or Assignment of Contract. If the Contractor sublets the whole or any part of the work to be done under the contract, he shall not under any circumstances be relieved of his liabilities and obliga- tions. All transactions of the Engineer shall be with the Contractor; subcontractors shall be recognized only in the capacity of employees or workmen and shall be subject to the same requirements as to character and competence. The Contractor shall not assign, transfer, convey, sell, or otherwise dispose of the whole or any part of his contract, his right, title, or interest therein, or his power to execute such contract, to any person, firm, or corporation without written consent of the Engineer. 8.2 Progress Schedule. Promptly after the award of the contract, the Con- tractor shall submit to the Engineer a satisfactory progress schedule which shall show the proposed sequence of work, and how the Contractor proposes to complete various items of work. 8.3 Prosecution of the Work. The Contractor shall begin the work to be per- formed under the contract not later than ten (10) days after execution and acceptance of the contract unless a delay- be granted by the Engineer in writing. The work shall be prosecuted in such a manner and with such a supply of materials, and equipment and labor as is considered necessary to insure limits specified in the contract. 13 GP 8.4 Limitations of Operations. The Contractor shall conduct his work so as to create a minimum amount of inconvenience to vehicular and pedes- trian traffic. At any time when in the judgment of the Engineer, the Contractor has obstructed or closed the road without sufficient cause or is carrying on operations on a greater portion of the road than is necessary for the proper prosecution of the work, the Engineer may re- quire the Contractor to open the section so closed and to finish the section on which work is in progress before work is started on any additional section. 8.5 Character of Workmen and Equipment. The Contractor shall employ only competent and efficient laborers, mechanics, and artisans, and whenever, in the opinion of the Engineer, any employee is careless, incompetent, obstructs the progress of the work, acts contrary to instructions or conducts himself improperly, the Contractor shall, upon request of the Engineer, discharge or otherwise remove him from the work and shall not employ him again, except with the written consent of the Engineer. The equipment used on the work shall be of sufficient size and in such mechanical condition as to meet with the requirements of the work and produce a satisfactory quality of work. All equipment shall be ready for use when required by the Engineer. The Engineer may order the removal of any unsatisfactory equipment and require its replacement with equipment meeting his approval at the Contractor's expense. The measure of capacity and efficiency of equipment shall be its actual performance on the work. 8.6 Suspension of Work. The Engineer shall have authority to suspend the work wholly or in part, for such period of time as he may deem neces- sary, due to conditions unfavorable for the satisfactory prosecution of the work, or to conditions which in his opinion warrant such action; or for such time as is necessary by reason of failure on the part of the Contractor to carry out orders given; or to perform any or all provisions of the contract.. No additional compensation will be paid the Contractor because of any costs caused by such suspension, except when the suspension is ordered for reasons not resulting from any act or omission on the part of the Contractor and not related to weather conditions. The Contractor shall not suspend work without written authority from the Engineer. 8.7 Determination and Extension of Contract Time for Completion. The time for completion of contemplated work may be specified in the contract, and it is understood that completion of the work within the time speci- fied is an essential part of the contract. If the Contractor finds it impossible to complete the-work within the time specified in the con- tract, he may, at any time prior to the last ten (10) working days of the time specified, make written request to the Department for an ex- tension of time. He shall set forth in full in his request the reason which he believes justify the granting of his request. If his request is granted the extended time for completion shall then be considered as in effect the same as if it were the original time for completion. 14 GP 8.8 Failure to Complete Work on- Time. Should the Contractor fail to complete the work within the time specified in the contract or within such extended time as may have been allowed, the Contractor shall be liable to the Department for costs incurred for engineering and in- spection, temporary surfacing, temporary structures, maintenance of that portion of the road uncompleted, maintenance of detours by the Department or Engineer, and all other expenses incurred by the Depart- ment by reason of the Contractor's failure to complete the work within the specified time, and such amount shall be deducted from the monies due the Contractor, not as a penalty but as damages sustained. 8.9 Default on Contract. If the Contractor fails to begin the work under contract within the time specified, or fails to perform the work with sufficient workmen and equipment or with sufficient materials to insure the completion of said work within the specified time, or shall perform the work unsuitable, as determined by the Engineer, or shall neglect or refuse to remove materials or perform anew such work as shall be re- jected as defective and unsuitable, or shall discontinue the prosecu- tion of the work, or if the Contractor shall become insolvent or be de- clared bankrupt, or shall commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carry on the work in a manner approved by the Engineer, the Engineer shall give notice in writing to the Con- tractor and his Surety of such delinquency, and said notice to specify the correction measures required. If the Contractor after a period of ten (10) days after said notice shall not proceed in accordance there- with, the Department shall, upon written certificate from the Engineer of the fact of such delinquency and the Contractor's failure to comply with said notice, have full power and authority to forfeit the right of the Contractor and at its option to call upon the Surety to complete the work in accordance with the terms of the contract, or it may take over the work, including any or all materials and equipment on the grounds as may be suitable and acceptable, and may complete the work by or on its awn force account, or may enter into a new agreement for the completion of said contract according to the terms and provisions thereof, or use such other methods as, in its opinion, shall be required for the com- pletion of said contract in an acceptable manner. All costs and charges under contract, shall be deducted from any monies due or which may become due on such contract. In case the expense so incurred by the Department shall be less than the sum which would have been payable under the contract had it been completed by the Contractor, the Con- tractor shall be entitled to receive the difference subject to any claims for liens thereon which may be filed with the Department, or any prior assignment filed with it, and in case such expense should exceed the sum which would have been payable under the contract, the Contractor and the Surety shall be liable and shall pay to the Depart- ment the amount of such excess. SECTION 9. Measurement and Payment 9.1 Measurement of Quantities. All work completed under the contract will be measured by the Engineer according to United States standard measures. 15 GP No deductions will be made for fixtures in the roadway having an area of nine (9) square feet or less. All longitudinal measurements for areas for base course, surface course, pavement, and shoulder will be along the actual surface of the roadway and not horizontally. Storm sewer, sanitary sewer, water main, and underground electric con- duit shall be measured parallel to the center line of such item as constructed. For all transverse measurements for areas of base course, surface course, and pavements, the dimensions used in calculating pay areas shall be the exact dimensions shown on the plan or the dimension ordered by the Engineer in writing. 9.2 Scope of Payment. The Contractor shall receive and accept the compen- sation as herein provided, in full payment for furnishing all materials, labor, tools and for all loss or damage arising out of the nature of the work or from action of the elements; for any unforseen difficulties or obstructions which may arise or be encountered during the prosecution of the work until its final acceptance by the Engineer; for all risks of every description connected with the prosecution of the work; also all expenses incurred by or in consequence of suspension or discon- tinuance of such prosecution of the work as herein specified, or for any infringement of patents, trademarks, or copyrights, and for completing the work in an acceptable manner according to the plans and specifications. 9.3 Increased or Decreased Quantities. Whenever the quantity of any item of work as given in the proposal shall be increased or decreased or any new item of work is authorized in writing by the Engineer the Contractor shall accept payment as follows: (a) All such work and materials as appear in the proposal as a specific item accompanied by unit prices shall be paid for at the con- tract unit price or prices for the work actually done. No allowance will be made for delays or anticipated profits. (b) All such work and materials as do not appear in the proposal or contract as specified items accompanied by unit prices and which are not included under the prices bid for other items in the contract shall be designated as extra work and payment shall be accepted as herein described for extra work. All alterations, cancellations, extensions and deductions shall be authorized in writing by the Engineer before work is started. Such authorizations shall set up items of work involved and the method of payment for each item. Claims for extra work which have not been authorized in writing by the Engineer will be rejected. 9.I Payment for Extra Work. Extra work will be paid for as follows: (1) Either at a lump sum price or at a unit price agreed upon by the Contractor and Engineer. (2) On the following force account basis : 16 GP (a) Labor. The Contractor will be paid for the actual amount of wages for all labor and foremen in direct charge of the specific work for each hour that said labor and foremen are actually engaged in such work, to which shall be added fifteen (15) percent of the stun thereof. A foreman shall not be used when there are less than two (2) laborers employed, except with written consent of the Engineer. (b) Bond, Insurance, and Tax. The Contractor will receive the actual cost of Contractor's bond, public liability and property damage insurance, Workmen's Compensation insurance, occupational tax and social security tax required for- force account work, to which no per- cent shall be added. The Contractor shall furnish satisfactory evidence of the rate or rates paid for such bond, insurance and tax. (c) Materials. The Contractor will receive the actual cost for all materials, including freight shown by original receipted invoices and freight bills, which are an .integral part of the finished work, to which shall be added fifteen (15) percent of the sum thereof. The Contractor will be reimbursed for any materials used in connection with the work, such as sheeting, falsework, form lumber, burlap paper or straw for curing, trench sheeting, etc., which are not an integral part of the finished work. The amount of reimbursement shall be agreed upon in writing before such work is begun, and no percent shall be added. The salvage value of such materials shall be taken into consideration in the reimbursement agreed upon. (d) Equipment. Machinery and equipment which the Contractor has on the job for use on contract, shall be used on extra work as deemed necessary or desirable. The Contractor will be paid for all machinery and equipment used on extra work. The amount of reimbursement shall be agreed upon in writing before such work is begun. 9.5 Payment for Incidental Bills. Upon written order of the Engineer, the Contractor shall pay the bills for incidental expenses, incurred during the performance of extra work on a force account basis, and for this he will be reimbursed for the actual amount so paid out, to which shall be added five (5) percent of the sum thereof. 9.6 Payment for Items Omitted When Partially Completed. Should the Depart- ment cancel or alter any portion of the contract which results in the elimination or non-completion of any portions of the work partially com- pleted the Contractor will be allowed a fair and equitable amount cover- ing all items of work incurred prior to the date of cancellation, altera- tion, or suspension of such work. When such elimination or non-comple- tion involves a net decrease in the amount of the contract of more than twenty-five (25) percent of the original contract price, a supplemental agreement between the Contractor and the Department will be required. 9.7 Partial Payment. At least once each month, when requested by the Con- tractor, in writing, the Engineer will make an approximate estimate, in writing, of the materials in place completed, the amount of work per- formed, and the value thereof, at the contract unit prices. From the 17 GP amount so determined there shall be deducted fifteen (15) percent to be retained until after completion of the entire work, except that no amount less than $500.00 will be so certified unless the total amount of the contract is less than $500.00 In addition, an estimate may, at the discretion of the Department and upon presentation of receipted invoices and freight bills be made for payment of the value of acceptable non-perishable materials delivered on the work or in acceptable storage places and not used at the time of such estimate. Ten (10) percent shall be retained from the value of such materials until final payment. Such materials, when so paid for by the Department, shall become the property of the Department, and in the event of default by the Contractor, the Department, may use or cause to be used such materials in the construction of the work pro- vided for in the contract. The amount thus paid by the Department shall be deducted from estimates due the Contractor as the material is used in the work. Partial payment for work or materials shall not be construed as an acceptance of the work or any part of it, or as a waiver of any provi- sions of the contract. 9.8 Semi-Final Payments. At the discretion of the Department and with the consent of the Surety, a semi-final estimate may be made when the prin- cipal items of work have been substantially completed. Payment to the Contractor under such an estimate shall not exceed eighty-five (85) percent of the amount retained by the Department after making partial payments, but in no event shall the amount retained by the Department be less than $500.00. 9.9 Acceptance and Final Payment. Upon the satisfactory completion of any portion of the work one (1) mile, or more in length, and upon written approval of same by the Engineer, the Contractor shall be relieved of any requirement for further work on such portions and from all liability and responsibility, except that he shall remove any obstructions and repair any damage caused by him subsequent to such approval and prior to final acceptance of the entire section. Whenever the improvement provided for by the contract shall have been completely performed on the part of the Contractor, and all parts of the work have been approved by the Engineer and accepted by the Department, a final estimate showing the value of the work will be prepared by the Engineer as soon as the necessary measurements and computation can be made, all prior estimates upon which payments have been made being approximate only and subject to correction in the final payment. The amount of this estimate, less any partial or semi-final payments pre- viously made and less any sums that have been deducted or retained under the provisions of the contract, will be paid to the Contractor as soon as practicable after the final acceptance, provided the Contractor has furnished to the Department satisfactory evidence that all sums of money due for any labor, materials, apparatus, fixtures or machinery furnished for the purpose of such improvements have been paid or that 18 GP the person or persons to whom the same may be due have consented to such final payment. The acceptance by the Contractor of the final payment shall constitute a release and waiver of any and all rights and privileges under the terms of the contract; further, the acceptance by the Contractor of final payment shall relieve the Department from any and all claims or liabilities for anything done or furnished relative to the work or for any act or neglect on the part of the Department relating to or con- nected with the work. 9.10 Prevailing Wage Rate. It shall be mandatory upon the contractor to whom the contract is awarded, and upon any subcontractor under him, that the general prevailing rate of wages in said municipality for each craft or type of workman or mechanic needed to execute the contract or perform such work, and also the general prevailing rate for legal holiday and overtime work as ascertained by the City of Elgin or by the Department of labor, shall b€ paid for each craft or type of workman needed to execute the contract or to perform such work. 19-GP WESTON AVENUE IMPROVEMENTS Special Provisions 1 . GENERAL: Except as may be herein modified the "Standard Specifications for Road and Bridge Construction" adopted October 1 , 1983. by the Illinois Department of Transportation and the "Standard Specifications for Water and Sewer Main Construction in Illinois", Third Edition adopted September 1978 shall govern the construction of this improvement. 2. WORK BY OTHERS: Attention is called to the Contractor that manholes and utility poles may have to be adjusted or relocated which are owned by Illinois Bell Telephone Company or Commonwealth Edison Company or Northern Illinois Gas Company will be adjusted or relocated by the utility company involved. The Contractor is instructed to contact the utility companies and to schedule all operations to eliminate all possible conflict. No additional compensation will be allowed the Contractor due to the requirements of this special provision. 3. ENGINEER: The City shall designate their representative to provide construction inspection during the duration of this project. All references to the Engineer noted in the "Standard Specifications for Road and Bridge Construction", or in these Special Provisions shall refer to this representative. 4. EXCAVATION: This work shall be constructed in accordance with Section 202 of the "Standard Specification", and shall consist of the removal of all materials except those separately designated on the plans. The removal of existing fences , bushes, shrubs, small trees and any other items not designated herein shall be removed and disposed of as incidential to the cost of EXCAVATION. This work shall be paid for at the contract unit price per cubic yard for EXCAVATION measured as specified in Section 202. 5. SPECIAL EXCAVATION: This work shall consist of the removal of unsuitable subbase materials as directed by the Engineer in the field. All unsuit- able material shall be removed from the jobsite as incidental to this pay item. 6. P.C.C. DRIVEWAY PAVEMENT: This item shall consist of the placement of a granular base and the placement of a six inch portland cement concrete driveway pavement in accordance with Section 408 of the "Standard Specifications". This work shall be paid for at the contract unit price per square yard for P.C.C. DRIVEWAY PAVEMENT. 7. TRAFFIC CONTROL: All pertinent provisions of the "Standard Specifications for Road and Bridge Construction" adopted October 1 , 1983 with emphasis on Sections 107 and 108, and the Manual on Uniform Traffic Control Devices for Streets and Highways" with emphasis on Part VI, most recent edition shall govern all phases of this project. The intent of this special provision is to allow the necessary construction operations with a minimum of inconvenience to the traveling public. 7. TRAFFIC CONTROL (Con' t) : Weston Avenue is residential but access to the homes will be maintained as long as possible in the opinion of the Engineer. Construction shall be scheduled so that the street will be closed for a minimum amount of time. The construction will require the removal and replacement of residential driveways throughout the project. The Contractor shall schedule his operation to provide a minimum one week notice to all owners and residents that their driveway will not be usable on a specified date and for a specified period of time. The notice shall be in letter form with a cony provided to the Engineer. The Contractor must schedule his operations to accomplish these objectives in an efficient and effective manner. The construction scheduling shall have the prior written approval of the Engineer. The Contractor shall furnish flagmen to direct traffic in compliance with Section 107 of the Standard Specifications, in accordance with the traffic control standards, or whenever, in the opinion of the Engineer, flagmen are necessary. The traffic control utilized on this project shall be in accordance with the principles and intent of the traffic control standards in Part IV, "Uniform Manual on Traffic Control Devices for Streets and Highways". All work necessary to comply with this item shall be paid for at the contract lump sum price for TRAFFIC CONTROL. The Contractor will be subject to a daily penalty, based of the following formula, for every day or any portion thereof which the Engineer determines that the Contractor or his Sub-contractors have not complied with the Maintenance of Traffic Specifications. per day = 1 Penalty p y - * x (Lump Sum amount bid for "Traffic Control Complete") . * (Number of Calendar Days Estimated to Complete Project) . Traffic control and protection required under the following standards, in addition to those listed in the Special Provisions for "Traffic Control Standards", will not be paid for separately but shall be considered incidental to the contract: 2290, 2299, 2300, U-1 , & U-2. 8. BITUMINOUS MATERIALS: This work shall consist of the preparation of the base, the application of bituminous priming materials, and a mixture of asphalt cement and dense graded aggregate laid in accordance with "Standard Specifications". The lines, grades, thickness and cross sections shall be those shown on the plans. The bituminous surface shall have a compacted thickness of not less than that shown on the plans. 8. BITUMINOUS MATERIALS (Con' t) : The base or subbase shall be prepared by filling any ruts, depressions or corrugations and shall be brought to a smooth grade and proper crown. After the base course has been brought to a smooth grade and proper crown, it shall be compacted by repeated wetting and rolling with a pneumatic-tired roller, until proper compaction is secured. Compaction test reports may be required if directed by the Engineer. When the base has been prepared as specified above, the bituminous material as specified for prime shall be applied uniformly at the rate of 0.50 gallons per square yard. The bituminous priming material shall be permitted to cure until penetration is complete, but at no time shall the curing period be less than 12 hours. Traffic shall not be allowed upon the primed surface of the street during the curing period. The prime coat shall be maintained at all times until the surface course is constructed. The surface course aggregate shall be dried and heated in a revolving drier to a temperature of 2500 to 3250 F. The aggregate and bituminous material used in the surface course mixture shall be measured separately and accurately by weight or by volume. The surface course mixture shall be made in an approved mixer. When the aggregate is in the mixer, the bituminous material shall be added and mixing shall continue until a homogeneous mixture is produced in which all particles of the aggregate are coated uniformly. The ingredients shall be heated and combined in such a manner as to produce a bituminous mixture which when discharged from the mixer will vary not more than 200 F. from the temperature set by the Engineer. In no case shall the temperature be more than 3250 F. The surface course mixture shall conform to the following composition limits by weight: Aggregate 94.0 to 96.5% Bituminous Material 3 5 to 6.0% The percentage of bituminous material shall be determined by the Contractor's Engineer and approved by the City Engineer. The aggregate shall conform to the following gradation: Passing 1/2" sieve 100% Passing #4 seive 60 to 85% Passing #10 seive 40 to 55% Passing #40 seive 15 to 35% Passing #200 seive 5 to 10% The bituminous material shall be as shown below: Prime MC30, RT-1 , RT-2 Bituminous surface plant mix SC-800, SC-3000, MC-3000, RT-10, RT-11 , RT-12, AC 120-150, AC 100-120 8. BITUMINOUS MATERIALS (Con't) : Bituminous mixtures shall be transported in trucks prepared for hauling the mixture. The trucks shall be properly insulated throughout to prevent chilling of the bituminous mixtures. Longitudinal asphalt cold joints shall not be permitted. Transverse bituminous cold joints will be permitted as approved by the Engineer and subject to the following conditions: A new bituminous layer shall terminate with a butt joint or a feathering section to existing pavement. Where a new layer does not join with existing pavement, tar paper shall be placed under the last lineal foot of that layer and later saw cut and removed prior to the continuation of the placing of that layer. This work shall be paid for at the contract unit price per gallon for BITUMINOUS MATERIAL, PRIME COAT and at the contract unit price per ton or BITUMINOUS CONCRETE BINDER COURSE 1-1/2" and BITUMINOUS CONCRETE SURFACE COURSE 1-1/2". 9. COMPACTED GRANULAR BASE COURSE 10": This work shall consist of furnishing and placing aggregate material on the prepared subgrade and shall be constructed in accordance with Section 301 of the "Standard Specifications". The aggregate base course may be Type A with 100% crushed stone or 100% crushed gravel (IDOT designation CA6) and shall be a minimum of (10") ten inches thick. This work shall be paid for at the contract unit price per square yard for COMPACTED GRANULAR BASE COURSE TYPE A, 10". 10. SOD: This item shall consist of the preparation and placement of sod in the area designated on the plans. This item shall also include any necessary supplemental watering to see that the sod is firmly established and growing. Fertilizer shall be applied to the area to be sodded at the rate of 180 pounds per acre. The nutrient mixture of the fertilizer shall be; 10% Nitrogen, 6% Phosphorus, 4% Soluble Potash. The cost of furnishing and applying the fertilizer shall be incidental to the cost of SOD. This work shall be installed in accordance with Section 644 of the "Standard Specifications". This work shall be paid for at the contract unit price per square yard for SOD. 11 . TOPSOIL PLACEMENT, 4" : This item shall consist of excavating for, and placing four (4) inches of topsoil in the area to be sodded. After excavation of the area to be sodded the topsoil shall be placed and compacted to prevent settlement of the planted materials. PROPOSAL TO THE COUNCIL fORMMIDENIVANCOROMXIMAX MUSTERS 1. Proposal of — ---....- (Name and.dare.s of bidder) for the improvement, designated in Paragraph 2 below, by the construction of roadway improve- ments on Weston Avenue from Larkin Avenue to Van Street. a total distance of 730 feet, of which 7N .feet, (.....0..138 miles) are to be improved. 2. The plans for the proposed improvement are those prepared by_._... ___._...�...._.. The specifications herein referred to are the "Standard Specifications for Road and Bridge Construction"_prepared by the Department of Transportation of the State of Illinois and adopted by said Department on- ctnbe3"_1,_1 $3____ 3. The undersigned declares that he will comply with the applicable.provisions of Section 100, General Requirements and Covenants of the specifications. 4. The undersigned agrees to complete the work within 60 working days or by Nov. 1 , 1984. unless additional time is granted in accordance with Article 108.09 of the specifications. 5. Accompanying this proposal is a bank draft, bank cashier's check, or certified check, complying with the requirements of the specifications, made payable to the Treasurer of (City,Town,or Village) The amount of the check or draft is ($ ) Form BLR 293 (Rev.12-73) I . BID SHEET Page 1 of 2 II1A1E OF PROJECT: WESTON AVENUE IMPROVEMENTS 'CONTRACTOR: "Tit/ 5 £Xc19O 44T/>JC. Vg7 W 1.0O,D ST WO0f SToc,C '�. 6 009 DATE: 7-/7— $Yf 1 ITEM QUANTITY UNIT QUANTIFY PRICE TOTAL OIT AL • . Earth Excavation 1 ,397 C.Y. b, /0 0 5a / . 70 Earth Excavation, Unstable Soil 300 C.Y. 6 • /0 / 3 0, 0 0 (Est. Quan. ) If. Aggregate Base Course Type A, 10" 2,781 S.Y. , L/. 60 f33 / g, '0 It. Bituminous Concrete Binder Course, 240 Ton 0 0 CL. B-5 Mod. Via. so 7 g00. 1. Bituminous Concrete Surface Course, 240 Ton 3 a. SO � goo . o O CL. B-5 Mod. I. Bituminous Materials, Prime Coat, 945 Gal . 1 ;35 5 1 a ) 5.--25 MC-30, .35 Gal/S.Y. 11. P.C.C. Comb. Curb & Gutter, B-6:12 1 ,523 L.F. 6. /0 9 a 960 , 3 0 8. Comb. Curb & Gutter Removal 100 L.F. �. P.C.C. Sidewalk 4" 772 S.F. /, g0 ) 3 gq . 6 0 P.C.C. Sidewalk Removal 775 S.F. 5.5 471 a-6›, r. a S P.C.C. Driveway Pavement, 6" 217 S.Y. /4, 05 11- / 3 3. 86 II. Bit. Driveway Pavement Removal 89 S.Y. , 30 a 6. '7 0 13. Gravel Driveway Removal 111 S.Y. , 30 3 3. 3 0 II. Manholes to be Adjusted 2 Ea. 165. 00 3 0, 00 . Catch Basin to be Removed 2 Ea. 19S,o0 3 9 0. 00 Catch Basin, Ty C./Ty 3 Fr. & Gr. 2 Ea. LL )0,00 9L/O. O 0 I. 12" Storm Sewer, Ty 2/CL.3 R.C.C.P. 40 L.F. /%'. 'O 57a • 00 18. 10" Storm Sewer, Ty 2/CL.3 R.C.C.P. 8 L.F. / t/, 00 / / ...00 I. Trench Backfill 15 C.Y. q, tO / 36 . S 0 IHydrants to be moved (including 1 Ea. '7 3 0, ,00 '7 $0. 00 pipe & fittings) c� 21 . Selected Fill (CA-6) 300 C.Y. 00 II a?,g10 r 6V Page 2 of 2 BID SHEET NAME OF PROJECT: WESTON AVENUE IMPROVEMENTS• CONTRACTOR: !Y! S 1 • i l8) W• NQD sr OooO 7OOZ 40o9 DATE: "")-/7 --7 ESTIMATED UNIT ITEM QUANTITY PRICE TOTAL 2. Bituminous Patching 3", B-5 Mod. 164 S.Y. q .94 16D3 Topsoil Placement, 4" 1 ,200 S.Y. 3A O Lf L/ c/o• D O 4. Sodding 1 ,200 S.Y. 3 , iO 37 ao' Traffic Control Lump Sum ( O OD . O TOTAL 413, 11 0 (If an individual) Signature of Bidder ,...(SEAL) Business Address • I I (If a co-partnership) Firm Name -TIM 5._....b( t47 j (SEAL) Signed by l..(SEAL) Business Address.._71� -CILig0 1 ()00 s-root valley T oo ST Insert Names and I(4 ( PL.E�QiCy 1...� v''144 ST r Addresses of All Members of the Firm I (If a corporation) Corporate Name Signed By • President. 1 Business Address • (Corporate Seal) Insert President Names of re�,y Officers Treasurer I Attest• Secretary I I Form !LR 293 my.$-1O) i -"''r"'s1.i Z I": 77: ;'' ' r rre w 'fi'k.i'.'.. 317:1 ee•� y1 1,1 rr ',.4. pELITY;& UNITED STATES FIDEL 9 �` " -t - ARANTY COMPANY BID BOND r::,, ;;:;,', BOND NUMBER l ;. t i KNOW ALL MEN BY THESE PRESENTS: l Timothy O'Leary D/B/A Tim's Excavating ! ' i ''�: :�. :0' 487 W. Judd of a THAT Woodstock, IL as Principal , and UNITED STATES FIDELITY AND = GUARANTY COMPANY, a Maryland corporation,as Surety, are held and firmly bound unto t: ',i r~ City of Elgin I I - l 'III as Obligee, in the full and just sum of Ten Percent of Total Bid Price 7 -i1 is::::, �� `I (10% of Bid) Dollar, i11 1 lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executor, kll -_: i administrators, successors and assigns,jointly and severally, firmly by these presents. I. I WHEREAS, the said Principal is herewith submitting its proposal , ::-,::: f iS 4 'j Weston Street Improvements G - THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said Principal will,within th@ rx time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions if the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money betweef `3 I 1I the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work '.� r'" if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof. i;1 Signed, sealed and delivered July 172 1984 `_sl !"- ; (Date) Timothy O'Leary D/B/A ' .' ;,1 Tiln.'.s....Exc.ay.ating (SEAL 31 A „i f:',.:11 f �� D .. (SEA I By; l ,': .:,, UNITED STATES FIDELITY AND GUARANTY COMPANY -',. ' 4 , ::::_::, .,::::,, . .„, i-: Jo reha Vii, = Attorney in-fac' 1 I— ..: ;L .h,, ¢ .... N9f#T P LIl11EtAYaI'• i'. ... . 4 p '. :I lt Contract 1 1 (Revised) (1-74) • • ' STATE OF Illinois COUNTY OF Cook ZS. : I, Florence Stefanik a Notary Public in and ion said county, in the State alone aid, do hereby etvl ti.6y that John E. McCrehan os the United States Fidelity & Guaranty Companho £b peA,bonaiy known to me, appeared beione me thi6 day and aeknow.eedged that he dined, sealed and deei-vere.d the ionego4ing £rustnument as his ghee an3-U5!untany act ass A.ttonney-In-Fact of the United States Fidelity & Guaranty Company BOA the uses and punpo4e4 theh.ei.n set SoAth. Given andet my hand and Notvi i.at. Sea. tkiz 17th day o4 July , 1 ) 84. y /i i No at ' ;tic c My comm.%55 ion exp-i:~iA 2/1/86 Vice-President. (SEAL) George R . Gardner (Signed) Assistant Secretary. STATE OF MARYLAND. ) J as: BALTIMORE CITY, On this 6th day of July , A. D. 19814 , before me perso ally came James A. M ap pu s ,Vice-President of the UNITED STATES FIDELITY AND GU RANTY COMPANY and George R . Gardner ,Assistant Secretary of said Company,wi h both of whom I am personally acquainted, who being by me severally duly sworn, said that they,the said James A . Map us and George R. Gardner were respectively the Vice-President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, t at it was so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as VicOresident and Assistant Secretary.respectively,of the Company. 86 My commission expires the first day in July, A. D. 19 Margaret M . Hurst (SEAL) (Signed) Notary Pkiblic. STATE OF MARYLAND -) J Sct. BALTIMORE CITY, 1, S au n d r a E. Banks ,Clerk of the Circuit Court for Baltimore City,which court is a Court of Record,and has a seal,do hereby certify that Margaret M. flu r s t ,Esquire,before whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Pub is of the State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oath and take acknowledgment, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said Notary,and verily believe the signature to be his genuine signature. In Testimony Whereof, I hereto set my hand and affix the seal of the Circuit Court for Baltimore City,the same being a Court of Record, this 6th day of July ,A.D.19 g 4 (SEAL) (Signed) Saundra E. Banks Clerk of the Circuit Court for Baltimore City. FS 3(1-83) or.. ,- CERTIFIED COPY GENERAL POWER OF ATTORNEY No. 96106 Know all Men by these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the,laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland. does hereby constitute land appoint James J . Petersen and John E. McCrehan oitheCityof Chicago , Stateof Illinois its true and lawful attorney S in and for the State of Illinois for the following purposes,to wit: To sign its name as surety to,and to execute, seal and acknowledge any and all bonds,and to respectively do and perfo m any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND G ARANTY COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITE STATES FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoe erXbnsadd6 either the said James J . Petersen or the said John E. McCrehan may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice-President and Assistant Secretary, this 6th day of July ,A. D. 19 84 UNITED STATES FIDELITY AND GUARANTY COMPANY. (Signed) By James A . Mappus Vice-President. (SEAL) (Signed) George R . Gardner Assistant Secretary. STATE OF MARYLAND. ) J s6: BALTIMORE CITY, On this 6th day of July , A. D. 198 4 ,before me pe ally came James A. Mappus , Vice-President of the UNITED STATES FIDELITY AND G ARANTY COMPANY and George R . Gardner , Assistant Secretary of said Company,w th both of whom I am personally acquainted, who being by me severally duly sworn, said that they,the said James A. Mappus and George R . Gardner were respectively the Vice-President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power o Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, at it was so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vic -President and Assistant Secretary,respectively,of the Company. My commission expires the first day in July, A. D. 19 86 Margaret M . Hurst (SEAL) (Signed) Notary Public. STATE OF MARYLAND 1 BALTIMORE CITY, Sct. I, Saundra E. Banks ,Clerk of the Circuit Court for Baltimore City,which Court is a Court of Record,and has a seal,do hereby certify that Margaret M. Fi u r s t ,Esq 're,before whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Pu lie of the State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oath and take acknowledgment, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting o the said Notary,and verily believe the signature to be his genuine signature. In Testimony Whereof, I hereto set my hand and affix the seal of the Circuit Court for Baltimore City,the same being a Court of Record, this 6th day of July ,A.D.19 814 (SEAL) (Signed) Saundra E. Banks Clerk of the Circuit Court for Baltimore City. FS 3(1-83) w,•,e. Yi. COPY OF RESOLUTION That Whereas,it is necessary for the effectual transaction of business that this Company appoint agents and attorn ys with power and authority to act for it and in its name in States other than Maryland,and in the Territories of the United States and the Provinces and territories of Canada; Therefore, be it Resolved, that this Company do,and it hereby does, authorize and empower its President or either of its Vice- Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons as attorney or attorneys-in-fact,or agent or agents of said Company,in its name and as its act, to execute and deliver any and all contracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowed,and Also, in its name and as its attorney or attorneys-in-fact,or agent or agents to execute and guarantee the conditions f any and all bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, which are o may by law, municipal or otherwise,or by any Statute of the United States or of any State or Territory of the United States or of th Provinces or territories of Canada,or by the rules, regulations, orders, customs, practice or discretion of any board, body, organization, o ce or officer, local, municipal or otherwise, be allowed, required or permitted to be executed,made, taken, given, tendered, accepted,fil d or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest, municipality or other ssociation or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing of anything or any co ditions which may be provided for in any such bond,recognizance, obligation, stipulation,or undertaking,or anything in the nature of eith of the same. ], Michael P. Hammond ,an Assistant Secretary of the UNITED STATES FI ELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a fall, true and correct copy of the original power of ttorney given by said Company to James J . Petersen and John E. McCrehan of Chicago , Illinois , authorizing and empowering them to sign bonds II' therein set forth,which power of attorney has never been revoked and is still in full force and effect. And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular eeting of the Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 25th day of November,1981,at which meeting a quorum of the Board of Directors was present,and that the foregoing is a true and corn copy of said resolution,and the whole thereof as recorded in the minutes of said meeting. In Testimony Whereof, I have hereunto set my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY COMPANY on July 17,1984 (Date) )/;?::11:e421-k74:1(794) Assistant Secretary. STATE OF ILLINOIS CONTRACT I pp L THIS AGREEMENT,made and concluded this ...... 144 day of dUcit.J34. 19 ,between the City of g ' (City ,Town or Village) of li acting by and through its Council or President and Board of Trustees, known as the party of the rst part, and I Tim' s Excavating his/their executors,administrat rs,successors or assigns,known as the party of the second part. 2. WITNESSETH: That for and in consideration of the payments and agreements mentioned in the P oposal hereto 1 attached, to be made and performed by the party of the first part, and according to the terms expressed in the Bo d referring to these presents. the party of the second part agrees with said party of the first part at his/their own proper cost and xpense to do all the work, furnish all materials and all labor necessary to complete the work in accordance with the plans and ,pecifications Il hereinafter described,and in full compliance with all of the terms of this agreement and the requirements of the Engi eer under it. 3. And it is also understood and agreed that the Notice to Contractors, Special Provisions,Proposal and C6ntract Bond Ilhereto attached, and the Plans for Section Weston Ave. Improv., in the Cit of Elgin , approved by the Department of Transportation of the State of Illinois , 1 19 ,are all essential documents of this contract and are a part hereof. 4. IN WITNESS WHEREOF,The said parties have executed these presen s on the date above mentioned. Attest: The Ci of l ! r/l • (City, wn ) ,. A `J : �_' —A ' • Clerk By x �'e! I (City,Town o1 Wane) Mayor-President Party of the First Part - (Seal) (If a Corporation) IAttest: Corporate Name By Secretary President I Party of the Second Part II (If a Co-Partnership) I / � yy�� II ( ;( C (Seal) (Corporate Seal) /J'LL,{Jt4<L (Seal) I (Seal) Partners doing Business under the firm name of I Tim ' s Excavating Party of the Second Part I (If an Individual) (Seal) Party of the Second Part IFo e SLR 295 (Re .11-72) 1 • (If an individual) Signature of Bidder....._.. ....- (SEAL) Business Address--------------- (If a co-partnership) Firm Name Tim's Excavating_ L (SEAL) Signed by C4SR4 tOVSIet _._. (SEAL) Business Address.-1.48Z--i41,.....-udci.-.St-,--.16Ioadst.ackl---.1 4 6110.98 Timothy. P. O'Leary.__- a_ e as above Insert Names and Michael L. O 'Leary - same as abo e Addresses of All Members .-.. of the Firm (If a corporation) Corporate Name......_...___..._....._._..._..____.....__.._.._. �......�. SignedBy _..._....__..__...................................._..._._...... --- - ----- Preident.� Business Address. ...._.._._____...---_.......... ..........-... �. (Corporate Seal) ' I InsertPresident............__......._._...._._...�...._._._........_--•------- --- Namesof Secretary--....._.._......._..__......_..__..._.....�. _._.... ............. Officers Treasurer....._. _...._.__.... ._... ... ._. Attest:...._.._..._._......._.......... Secretary I T {LR 29� ) 3os3 Rov.(4-70) • y' STATE OF ILLINOIS CONTRACT BOND (C6-partnership) # 12012011891444 KNOW ALL MEN BY THESE PRESENTS,That we _Timts-Ilusevat a co-partnership,of as Principal,and a corporation organized and existing under the laws of the State of,' with authority to do business in the State of Illinois,as Surety,are he'id and firmly bound unto the ( ity own or WI age) of , State of Illinois,in the penal sum of Dollars ($ , 3,170,26 lawful money of the United States,well and truly to be paid unto said (City,Town or Village) of ,for the payment of which we bind ourselves,our heir.,executors, administrators,successors,and assigns,jointly,severally, and firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that whereas, the said Principal has en ered into a written contract with the « of _ (City,Tovvn of Village) acting through the Council or President and Board, o f Trustees of said tart of Ewa (City,Town or Village) for the construction of the work on vast* iffammi , Extension to (Yiurnicipal Street Name) `(Municipal Street N. ,e) identified as extension to State Highway No. _ , Extension to County Highway No. designated as Section No. , in ' ,which contract is hereby ref;rred to and — �1 ( i , wn or Village) made a part hereof, as if written herein at length, in and whereby the said Principal has promised and agreed to perform said work in accordance with the terms of said Cahntract, and has promised to pay all sums of money due for any labo ,materials, apparatus, fixtures or machinery furnished to such Principal for the purpose of performing such work and has furth•r agreed to pay all direct and indirect damages to any person, firm, company, or corporation suffered or sustained on acc s unt of the performance of such work during the time thereof and until such work is completed and accepted;and has further agreed that this bond shall inure to the benefit of arty, person, firm, company, or corporation to whom any money may be d e from the Principal, subcontractor, or otherwise, for any such labor,materials,apparatus,fixtures or machinery so furnished a d that suit may be maintained on such bond by any such person,firm,company,or corporation for the recovery of any such mot ey. NOW THEREFORE, if the said Principal shall well and truly perform said work in accordance with the to ems of said contract, and shall pay all sums of cr►o ney due or to become due for any labor, materials, apparatus, fixtures or machinery furnished to him for the purpose of c onstructing such work, and shall commence and complete the work withi the time prescribed in said contract, and shall p ay and discharge all damages, direct and indirect, that may be suffered or s stained on account of such work during the time of the performance thereof and until the said work shall have been accepte s, and shall hold theme Ca of (City,Town or Village) and the Council or President and Board of Trustee.,harmless on account of any such amages, rand shall in all respects fully and faithfully comply with all the provisions, cond tions, and requirements of said contract,then this obligation to be void;otherwise to remain in full force and effect. Fo BLR 297 ('ev.11-72) IN WITNESS WHEREOF,We have duly executed the foregoing Obligation this . day of , A.D. 19__ (Seal) (Seal) (Seal) Partners doing business under the firm name of Surety 4 eft State of ss. By 41, y • • (Seal) County of �! , tea Attorney in Fact. I, ,a Notary Public hi and for said county,in the State aforesaid,do hereby certify that ,who are each personally known to me to be co-part iers in the partnership firm doing business under the name and style of ,and also personally known to me to be the same persons who signed the above and foregoing instrument as the Principal therein, appeared before me this day in person and acknowledged that they, as such partners in said firm,signed for the said co-partnership,the above and foregoing instrument as and for the free and voluntary act of the said co-partnership firm,for the uses and purposes therein set forth. Given under my hand and Notarial seal,this day of A.D. 19 Notary Public State of Gila ss. County of Cook I ,a Notary Public in and for said county,in the State aforesaid,do hereby certify that Mai Z. 1`t rebas (Attorney in Fact) ,who is personally known to me to be the same person who signed the above Caapaay and foregoing instrument as the Attorney in Fact for Ott& Suet lld tt�T� �**astr (Surety Company) appeared before me this day in person and acknowledged that he executed the foregoing instrument under authority given him as the free and voluntary act of said surety,for the uses and purposes therein set forth. Given under my hand and Notarial seal,.this 22ad day\of 1 A.D. 19 $ Sy amataidia empires ea pia ary Public Approved this day of _, A.D. 19 d Attest: Council or Pr ident and Boat d of 'Trustees, / By ,,�e'�✓l�'i Cth.c-sue Mayor-President Clerk (City,Town or Villag ) (Municipal Seal) a 1 ► .A r CERTIFIED COPY GENERAL POWER OF ATTORNEY No. 96106 Kn. all Men by these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State f Maryland, and having its principal office at the City of Baltimore, in the State of Maryland. does hereby constitute and appoint James J . Petersen and John E. McCrehan of the ity of Chicago , State of Illinois its tru and lawful attorney S in and for the State of Illinois for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds,and to respectively do and perform any and all act and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY CO)I NY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDE ITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoeverxbeXaddC eit er the said James J . Petersen or the said John E . McCrehan may la fully do in the premises by virtue of these presents. n Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed ith its corporate seal, duly attested by the signatures of its Vice-President and Assistant Secretary, this 6th day of Jul , A. D. 19 84 UNITED STATES FIDELITY AND GUARANTY COMPANY. (Signed) By James A . Mappus Vice-President. SEA 1,) (Signed) George R . Gardner Assistant Secretary. STATE OF MARYLAND. ss: BALI IMORE CITY, 1 n this 6th day of July , A. D. 198 14 ,before me personally came Jam: s A. Mappus , Vice-President of the UNITED STATES FIDELITY AND GUARANTY COMP NY and George R . Gardner , Assistant Secretary of said Company,with both of whom I am personally acquainted, who being by me severally duly sworn, said that they,the said James A . Mappus and G:o r g e R . Gardner were respectively the Vice-President and the Assistant Secretary of the said UNITED STATE'. FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that the each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice-President and Ass stant Secretary,respectively, of the Company. 1V y commission expires the first day in July, A. D. 19 �'6 Margaret M . Hurst (SEA ) (Signed) Notary Public. STATE OF MARYLAND ) I Sct. BAL IMORE CITY, I, Saundra E. Banks ,Clerk of the Circuit Court for Baltimore City,which Court is a Court of Record,and has a seal, do hereby certify that Margaret II. h u r S t ,Esquire,before whom t e annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take acknowl.dgment, or proof of deeds to be recorded therein. I further certify that 1 am acquainted with the handwriting of the said Notary, .nd verily believe the signature to be his genuine signature. I Testimony Whereof, I hereto set my hand and affix the seal of the Circuit Court for Baltimore City,the same being a Court of Recor , this 6th day of July ,A.D.19 84 (SEAL (Signed) Saundra E. Banks Clerk of the Circuit Court for Baltimore City. FS 3(1.8 ) .ae*eo COPY OF RESOLUTION That Whereas,it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power and authority to act for it and in its name in States other than Maryland,and in the Territories of the United Stat.ts and in the Provinces and territories of Canada; Therefore, be it Resolved, that this Company do, and it hereby does, authorize and empower its President or either of its Vice- Presidents in conjunction with its Secretary or one of its Assistant Secretaries, under its corporate seal, to appoint any person or persons as attorney or attorneys-in-fact,or agent or agents of said Company,in its name and as its act,to execute and deliver any and all contracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performances contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowed,and Also, in its name and as its attorney or attorneys-in-fact, or agent or agents to execute and guarantee the conditions of any and all bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of either of the same, whidi are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces or territories of Canada, or by the rules, regulations, orders, customs, practice or discretion of any board, body, organization, office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed,made, taken, given, tendered, accepted,filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest, municipality or other association or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing of anything or any conditions which may be provided for in any such bond,recognizance, obligation, stipulation,or undertaking,or anything in the nature of either of the same. I, Michael P . Hammond ,an Assistant Secretary of the UNITED STATES FIDELITY AND GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given by said Company to James J. Petersen and John E. McCrehan of Chicago , T 11 i n o i s , authorizing and empowering them to sign bonds as therein set forth,which power of attorney has never been revoked and is still in full force and effect. And I do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the 25th day of November,1981,at which meeting a quorum of the Board of Directors was present,and that the foregoing is a true and correct copy of said resolution,and the whole thereof as recorded in the minutes of said meeting. In Testimony Whereof, I have hereunto set my hand and the seal of the UNITED STATES FIDELPfY AND GUARANTY COMPANY on (Date) August 22, 1984 ). 1 Assistant Secretary. Certificate of Insurance =KJ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. NAME AND ADDRESS OF AGENCY Frisbie, Overly Foote, Inc. COMPANIES AFFORDING COVERAGES 301 N Madison Street COMPANY Woodstock I1 60098 LETTER A Pekin Insurance Com•an COMPANY B LETTER NAME AND ADDRESS OF INSURED COMPANY C Timothy P .O'Leary DBA Tim's Excavating LETTER 487 West Judd Street COMPANY D Woodstock Il 60098 LETTER COMPANY E LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requireme t,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by the policies described herein'is subject to all the terms,exclusions and conditions of such policies. COMPANY POLICY of Liability in Thou ands('10) LETTER TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE EACH 111 AGGREGATE OCCURREN GENERAL LIABILITY ��``''�� BODILY INJURY $500 $ 500 �i COMPREHENSIVE FORM A ❑PREMISES—OPERATIONS GLA 39197-A -25-85 PROPERTY DAMAGE $ 100 $ 100 ❑ EXPLOSION AND COLLAPSE (�'.l.1�t HAZARD '{� L� kil UNDERGROUND HAZARD o e ki PRODUCTS/COMPLETED ? OPERATIONS HAZARD BODILY INJURY AND ❑CONTRACTUAL INSURANCE S E P 6 1984 PROPERTY DAMAGE $ $ ❑ BROAD FORM PROPERTY COMBINED ,,, DAMAGE ❑ INDEPENDENT CONTRACTORS ❑ PERSONAL INJURY CITY OF ELGI PERSONAL INJURY $ k GINEERING AUTOMOBILE LIABILITY BODILY INJURY (EACH PERSON) $ 300 A ❑ COMPREHENSIVE FORM BODILY INJURY $ 500 © OWNED Applied For Continuous (EACH ACCIDENT) ❑ HIRED PROPERTY DAMAGE $ 100 BODILY INJURY AND NON-OWNED PROPERTY DAMAGE $El �I COMBINED EXCESS LIABILITY BODILY INJURY AND ❑ UMBRELLA FORM $ $ PROPERTY DAMAGE ❑ OTHER THAN UMBRELLA COMBINED FORM WORKERS'COMPENSATION STATUTORY _ A and WC 00750 06-23-85 EMPLOYERS'LIABILITY $ 100 tEACHACCIDENII OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES • Inception Dates: GLA 39197-A 06-25-84 Auto Liability 08-31-84 , WC 00750 06-23-84 •• • . - • • i - - • ' •• Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the iss ing com- pany will endeavor to mail days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: DATE ISSUED: - • - II• - 4 • :A City of Elgin 150 Dexter Court Elgin, xl 60120 'U H••I • • •• , IV: Attn: Ralph Ridley ACORD 25(1-79) 4 ti 1