Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
11-153
u Resolution No. 11-153 RESOLUTION RATIFYING THE EXECUTION OF A CONTRACT COMPLETION AGREEMENT WITH ARCH INSURANCE COMPANY AND FUERTES SYSTEMS LANDSCAPING, INC. REGARDING WATERFORD SUBDIVISION-NEIGHBORHOOD 3 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the execution of a Contract Completion Agreement with Arch Insurance Company and Fuertes Systems Landscaping,Inc. by David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, regarding the Waterford Subdivision Neighborhood 3 development, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: August 24, 2011 Adopted: August 24, 2011 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk J CONTRACT COMPLETION AGREEMENT WATERFORD SUBDMSION—NEIGHBORHOOD 3 This Contract Completion Agreement for Neighborhood 3 in the Wawrford Subdivision, Elgin,Illinois(the"N3 Completion Agreement"or"Agrucment".)is made and entered into this 17th day of__&gust 2011,by and between the City of Elgin: Illinois Arch Insurance Company ("Arch"} and (th. 5: J �04 R E C I T A L 8 N-WI EREAS,Kimball frill Homes,Inc.(Kimball I(ill")undertook to develop cerWn real property in Rl.uin. Illinois commonly known as the Waterford Subdivision, which Waterford Subdivision is divided into'Neighborhoods for the purpow of'dtYclup)I lei it', WFIRREAS, to secure the construction of certain improvements in the Waterford Subdivision, Kimball Hill procured and delivered lo F.Igin Ilie folims•ing performance bond issued by Arch, as surety: Bond No. SU-501 9730 daled.Mirch 10,2006,in the original amount of S 1,437,0 15.36,which uraoimt was subsequently reduced to 5617,819.20 on January 30..2008, and is subject to being further reduced,pertaining to certain improvements in Neighborhood 3 of the Waterford Subdivision(the'IN3 Bond"); WHEREAS,on or about April 23,2009,Kimball Hill tiled a voluntary petition for relicf under Chapter 11 of the United States Bankmplcy Code in the Uniled States Bankruptcy Court For the Northern District of Illinois,Eastern Division,as Case No.08-10095; W1•EREAS, Elgin has nodficd Arch that Kimball •ill was in default of its bonded obliptions and made a demand upon the N3 Bond(the"N3 Bond ); Ezhibit E WHCREA.-S, Elgin and Arch have entered into a Settlement Agreement whereby Arch has agreed to satisfy certain obligations under the N3 Bond by making arrangements for a contractor(s) to perform and complete all of the work identified on a punchlist prepared by Trotter and Associates, Inc., dated Revised 6/23/11 which is attached hereto as Exhlbil 1 (ifie. "N3 Punchlist"); MIEREAS,the N3 Contractor has examined the N3 Punchlist:the site of*Che Work to be ..........._ die.rc levurit,plans jq pal Code and the requirements thereunder, and is familiar with the procedures required by Ogin i'or the complc!dqn and acceptance of the public improvements which are the subject of the N3 Punchlist;and WHEU.-AS, the N3 Contractor has agreed to complete the N3 Punchlist in accordance with the terms and conditions set tbrth herein. AGREEMENT NOW, THEREFORF, in consideration of the promises and covenants contained herein, including the above-stated Recitals which are inuorp-wated herein by inference, and lor other good and vuluable consideration, the receipt and udcquuuv of*whl6i are hereby aLknowledged, L'-]gin,Arch and the W3 Contractor agree as IbIlDwF I ne N3 Contractor agrees to perform the work and supply the ncce&sary materials to complete the N3 Punchlist and the public improvements in WI—atkord Neighborhood 3 which are the subject of the N3 Punchlist in accordance with the Engineering plans and specifications for the Waterford Subdivision 3, as prepared by Manhard Consulting dated Ofi/17103 and fast revised October 7,2005,(hereiria.[ler referred m as The"N 3 Punchlist Work"). 11F MORE THAIN ONE N3 CONTRACTOR AND MORE THAN ONE CONKPLETION AGREEMENT MODIFY PREVIOUS SENTENCE TO REFLECT WrHAT PORTION OF T14E N3 I'l-rNMIAST WELL =2- ................ BE CONIPI,ETED BY THE N3 CONTRACTOR WHICH 1S A PARTY TO T141S MTICULAIt C01vLPLLTTON AGREE,bLEN'S} The N3l'unehlist Work shall also be performed in accordance with the Elgin Municipal Code, applicable regulations adopted by Elgin's engineering deputment including standard detuils, general notes and engineering and construction standards and specifications, and all other appE�tble requirements of law The Standard General Conditions of the Construction Contract prepared by the L-ngincers Joint Contract-.Documenls.Committee,:19.96.gditior},.shall.apply,to this Agreement.imd to the work to be performed pursuant to this Agreement (the "Gcriuml Conditions''), In the event of any conflict betwoen the terms of this Agreement, and the !erns of such General Conditions, the terms or this.Agreement shall supersede and cnntrol. 3. Elgin shall pay to the N3 Contractor the sum of�11 y 0 • 0, far completing the N3 Punchlist Work, which payments shall lie made in accordanee with the General Conditions. Arch shall pay this sum to Elgin upon execution of this 1\3 Completion j .agreement, which Eigui shall use to pay the N3 Contractor For the N3 Puneblist Work. To the extent the penal limit of the N3 Bond exceeds this payment, the difference shall be available to pay for repair of any Additional Storm Scwcr Defects as described in Paragraph 4 hereof. Under no circumstances shall the penal limit of the N3 Bond be exceeded. if the penal limit of the N3 Bond is reached as a msitlt of the Additional Storm Sewer Defects identified in Paragraph 4 hereof, Elgin shall reduce the amount of the repairs for the Additional Storm St:Nvcr Defects to stay within the penal limit of the N3 Bond or, at Elgin's option. pay the N3 Contractor any amount over the penal limit of the N3 Bond to complete the repair of the Additional Storm Sewer Detects. _... -... .. -3- . T 3. The N3 Contractor sbull njrrant all of its work performed pursuant to the N3 Completion Agreement(the"N3 Warranty Warli") for a.period of one year from the date of Substantial Completion, as reasonably determined by Elgin's Engineers For the purposes of clarification,and not as a limitation on the N3 Contractors warranty, claims which toe covered and may be made by the City daring the one year warranty perind include,but are not limited to, claims for tlle.failure of grass in restored areas or the failure of other landscaping installed by the .,:.N.3:Contrastor:. 4. The N3 Contractor responsible for server; agrees to televise the portion of the storm sctivers that had not been previously filmed, as iduntitied in the letter dated February 1, 2011 from'trotter&Associates,which is attached hereto as Exhibit? The N3 Contractor shaU provide to Eleiti s Development Engineer the video otsnch televising I:hr the F.1-in De��eloprnent Engineer's determination as to whether any additional dciccts are identified Iiam the televising which require addhionui repair (the-"Additional Storm Sewer Detects"). The N3 Contractor shall rcpuir such Additional Storm Sever Detects as directed by the J31gin Development Enginccr. The N3 Contractor shall notify Arch of any Additional Stown Sewer Defects prior to performing the repairs. Arch and the N3 Contmetor shall agree on the rtmount of compensation to repair the Additional Storm Sewer Defects, and Arch shall pay the amount to the N3 � Cuntnrctur widtin thirty(30)days alter Elgin approves the repairs of the Addidonw Storm Sewer Durects by the N3 Contractor. Elgin shaA have no respunsibility for paging for tine repair of any Additional Storm Sewer Defects unless and until the perud limit of the N3 Bond,is reached as described in Paragraph 2 hcreoL -4- 5. The N3 Contractor shall complete all of the work and improvements set forth in the N3 Punchlist and that the repair,of the Additional Storm SeNver Defects in accordance xvith the following procedures: A- What the N7 Contractor has substantially completed the work, it shall deliver the following to Elgin's Engineers- as-built dra-wrings of its work signed and sealed by an authorized professional engineer;storm sewer television testing results for .. .:... . ..... >.repaired storm.seymrsections;.arid a letter from Manhard Cunsul6ng as the design engineer (or such other engineer as is acceptable to Elgin) stating; that all N3 Punchli l work has been eompleted in accordance with the.approved plans and specifications. B. Elgin's Engineers will conduct afield review of the N3 Punc:h A NVurk to identify i nn) det'aciencies or uncompleted items of work. These items, together with all deficiencies discovered upon a review nl'the above described as-built drawings or sewer, tapes, will be compHed into a punchlist letter and forwarded to the N3 Contractor for completion or correction. C. When the N3 Contractor corrects any deficiencies and completes all the work, Elgin's Engineers shall review the completed work,which work iFill be approved if it is completed in accordance with the engineering plans.iand ordinances, If deficiencies remain,those will be identified. D. 1Rcr Elgin's Engineers have rcviewcd and approved the N3 Contractor's submitted as-built drawings, the N3 Contractor mU51 submit as-built drawings in electronic format along with mylar topics of the;approved as-built drawings. . . E. Final payment will be made to the N3 Contractor upon acceptance of the N3 Punchlist Work by Elgin. 6, The N3 Contractor shall commence the work to be performed pursuant to this Agreement no later than thirty (30) days of the entry into this Agrcernent. Tate N3 Contractor V FdA UJI- ct} jT IS , rfl-)O tJSIW shall substantially complete all of the N3 Punchlist Woe- " P> '/R--;U MV T Tz Tf//�S- I}-&-AEU 1916--5-1- VT _...�13 CQI ��} ur rzT�s rr�n� by...,Octobcr.,.l.5r '011;.and.shall .achieve fuel completion and acceptance by November 30, 2011, it is agreed and understood thnt tale N3 Conrractor(s) responsible for the restoration of disturbed areas or the installation of outer landscaping as part of'the work to be performed pursuant to this Agreement is required to water such restored areas or other landscaping as is necessary until the grass or other landscaping is viable. It is agreed that the hirther watering of restored areas or other landscaping to establish viability of-rtss or other landscaping shall in and of itself not preclude the determination of final completion provided, however, the N3 Contractor shall nonetheless continuo with such further watering until the viability of the glass in restored areas ur outer landscaping is established. In l the event ol'any conflict between thm dates and dates clsLwht:re in thu documents n:ferrcd to in this Agreement,these dates shall prevail. Time is of the essener nl'this Agreement. 7. It is agreed that as reasonable liquidated dumagcS I'ur deluy(but not as a penalty) the N3 Contractor shall pay Elgin 5200 for each day beyond the time specified for Substantial Completion. Alter Substantial Ctmtplciiun, if tke N3 Contractor shall neglect,refuse or fail to complete the remaining work within the time specified in this agreement(hereinafter referred to as the"Agreement Times")or any proper extension thereufgranted by Elgin,the N3 Contractor" ^_. i shell pay Elgin$200 for each day beyond the time for final completion. in the event more than l -6- _.. om M ['.anwwtor is reoahred to complete tine 143 Punc hFut Work.each Ida Cm's daily liquidated damages shalt be tl�m t by mulfiqgybig tie ausad pa►tap of ft total N3 Pmaebrist Work by Z200. This micaiafm slag be made at the tune of contras and ✓ FVmrE,� ANtdvwr avrr e. t36 ` s3, Vs an ft M Ptmchtist i'or each N3 Cwtn= The N3 Coramtor agrers and acknowledges tbat pcpk jO4T such liquidated damages constitute a reasonable estimate of Elgin's actual dam. Swh lh*ated damages sbalk ewstitute EigM sale recourse far and shall coostitutn full wi*sficti� of Fin`s actual damages resulting from the N3 Con>rauW?s delay. The M Qmtradm ari�awlcdges and agrees that in the event anYpravons in and of the r da to in this Apt calnffxt with the proviaioms of this paragraph or otherw;>e paovicle for dstna resulting from Ito Ida Cant's delay,the pmvsiom of this paragraph stall control, and such can$'ccftg pravisium in my other duets refermd to in this Agreemmut shall mot caustimte, and shall not be construed as, a basis by which m mender the pwvWous of this paragraph unenfarc®ble, 8. in the eymt the N3 Contractor is delayed in the prosecution and cumple&n of the work to be peafurmed pmwnt to this Agreement or achievement of guy of the A�eemeci Times because army delays teased by Elgin or the Fit&=or aiber rases beyond the colmnl of the N3 Cwftwtor,the N3 Caammor.shall have no chm 2gaired©gin or the Enginmfbrdama_gas or eonuud aJustruM other titan an caensum of the Agreement Times as provided herein and the waiving of Egrndated damages during the period occasioned by the delay. 9. E Egan gall make payment ou the basis of the N3 Contractor's boa far payment.as mawmauded by the Eatginw, in coutr nsace with the tasty cf Elgin's atacoms payable schedule. Ail paytn"should be Rased upon the Ingram of the work meesrmed by the , �- schedules provided in the agreement documcats. Notwiff ending aaydag to the contuayin "- -. -7- any other documents referred to in this Agreement, Elgin Shall he entitled to withhold any payments pending the submission of partial or full waiters of lien and/or certificates verifying the receipt of payment For all work performed by all subcontractors tip to the date of the N3 Contractor's application for partial or final payment in Elgin's sole discretion. Elgin shall further be entitled to make such payments directly to any subcontractor as may be necessuy to obtain such lien waivers and/or certifications. In the event Elgin makes any such payments directly to _. arty.subcontraetors,..the amotrrtt.of such,pa5mcnt shitil bc_dcducied,fTflm the total amount due the N3 Contractor pursuant to this Agreement;and the N3 Contractor shall provide a Nvritien release to Elgin in the amount or any such payments upon ten days written demand. Concurrent with all applications for payment,the N3 Contractor shall provide Elgin tv'rth a 2worn certification of all work performed by all subcontractors and the amounts paid to all suhmntraciors as of the date of i t application. 10. Elgin may withhold, from all payments prior to Suhstanrial Completion, an amount equal to ten percent (10%) of work completed, at Figiri s sole discretion. Upon Substantial Completion, Elgin may release a portion of the retninage to [lie N3 Contractor, retaining at all times an amount stilricicni to cover the costs of the work remaining to be completed,at Elgin's sole discretion. Payment of any retninage from Iasin to the N3 Contractor shall not be unreasonably withheld. Elgin shol not he required to make final payment prior to completion and acceptance of all of ffic%vork by Elgin. H. The N3 Contractor shall provide to Elgin a Performance Bottd and a Payment Bond, each in the amount of the M Completion Payment, with respect to the work under the N3 Completion Agreement, which bonds sball be issued by a surety acceptable to _..,...-_.._. ... . . ....:.... .... ..... .. ....._... _.. -. (collectively the"N3 Completion Bonds"). The scope of coverage under N3 Completion Bonds shall also extend to the td3 Warranty Work. 12, The N3 Contractor shall also provide to Elgin the insurance as described in the supplemental conditions which is attached hers w as Exhibit 3 (the"Supplemental Conditions"). The N3 Contractor agrees that any third-party claims ugainst the N3 Contractor and/or Elgin shall be properly forwarded by the N3 Contractor to the,I3 Contractor's imuranco company for the..appropriate,resoluiion of,said claims. ISnresolvctl clatms may aircct/delay tintd payincnt hereunder. 13. The N3 Contractor shall take all neces-ary precautions for the protection of public and private..property. 11tis shall include the location and identification of property markers prior to and during construction. The N3 Contractor is responsible for the damage or destruction of property resulting from neglect,misconduct or omission in his mariner or method of execution or non-execution of the work, or caused by defective nark or the use of unsatisfactory materials and such responsibility shall not be released until the work has been completed and accepted and the requirements of these specifications complied with. Whenever public or privare property is so damaged or destroyed, the N3 Contractor shall, at its erpcnse, restore such property to a condition equal to that which existed prior to such damage or injury by repairing,rebuilding or replacing it as may be directed,or it shall otlierwise make good such damage or desumetion in an accept,ble manner. If the N3 Contractor fails to do so, Elgin will w4hhold any payouts toward completed work until arrangements arc made to correct any damage as described below. 14. Tht:N1 3 Contractor shall comply with the Illinois Prevailing Wage Act, 820 1LCS 130/0.01, et seq., including, but not limited to, paving the prevailing wage. ns required therein_:. _ and completing all neces,",documentation and reporting requirements. 9 15. Notwithstanding any other provision of this 13 Completion Agreement, it is expressly o;reed and understood that the N3 Contractor shall comply with ull applicable Federal, State, City and other requirements of taw, including, but not limited in, any applicable requirements regarding prevailing rvaees, minimum wage, workplace safety and legal status of employees. N3 Contractor shall also at its expense secure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of . _:: . _.... . .the.work,andlor tlte_,products_nndlor,services,tn isgprntiuJett for m Uua.11;teemcnt_ 16. The N3 Contractor represents it has made a reasonable inspection of the construction site and hereby voluntarily waives the incorporation of the provisions oF30 TLU 55711 et seq. and represents that the negotiated contract price is the sole consideration for the construction of the improvements described in this Cornpiedon C'onvact. Funher,Elgin shall not be liable to the N3 C'onrractor for any amouni of money over the negotiaded contract price unless upon a duly csecuted change order prior to the work performed by the 1\13 Comr-actor. 17. The N3 Contractor shaft be responsible Ibr the proper handling and disposal of any construction or demolition.debris removed from the construction site in accordance with Public Act W-76I, and outer applicable requirements of law. The cost of the documentation, handling or disposal of any such construction or demolition debris shall be the responsibility of the N3 Conauctor,which amount shall be included in the,contract amount stnted in Paragraph 2 i above. Without limiting the foregoing, the X13 Crnttractur shall not conduct any generation, f trastaportation, or recycling of construction or demolition debris, clean or general or uncontaminated soil generated during construction, remodeling, repair, and demolition of utilities, structures,and toads that is not comingled with any waste,without the maintenance.of.. documentation identifying die hauler,.gencrator,pbacc of origin of the debris or soil, the weight ... ...... ........ _..___....._.__.._.. .._._...._..._._........._.. or volume of the debris or soil, and the location,owner and operator or the facility where the debris or soil was transterred, disposed, recycled or treated- This documentation must be maintained by the N13 Contractor fir three years, 18. The terms of this agreement shall be severable. in the event any or the ter=or provisions or this vgrecrocut am decrilud to be vcid or oft!rwisc unenforceable for any reasons, die remainder of this agreement shall remain in 11111 force and efficM 19. T7us,ugrecmeni shall not be joint von c011 so-.X9 Tea P p .7 ! employment or other agency relationship between parties. 20. This agreement shall bi subject to and governed by the la%yq or the Slate of Illinois. Venue for the resolution or any disputes or the entbrecracni ot'any rights pursuant tu this agreement shall he in the Circuit Court ol'Kanr County. Illinois. 21. No atTicial,director,agent or employee of tiny parl •shall be charged personally or held contractually liable under any term or provision or this Agreement because of their execution,approval or attempted execution or this Agreement. 22. In all hiring or employment made possible or resulting from this Agreement,there shall be no discrimination against any employee or applicani for employment because of sex, age, race, color, creed, national origin, marital status, or the presence or any disability, unless based upon a bona fide occupational qualification. This requirement shall apply, but not be limited to: Employment advertising, layoff or termination, rules of pay or other forms of compensation and selection for training,including appmndecship. No person shall be denied or subjected to discrimirtarioti in receipt orflic benefit of an-.,services or activities made possible by or resulting From this ugretment on the grounds of sex, race. color, creed, national origin, age except minimum age and retirement provisions, marital status or the. presence or any disability, M- j Any violation of this provision sball be considered a violation of a rnaterinl provision of this Agreement and shall be grounds For cancellation,lennination or suspension,in whole or in part, of the Agreement by Elgin. 23. To the fullest extent permitted by late, the N3 Contractor agrees to and shall indemnify, delend and hold harmless Elgin, the Fneineer, ttnginceCs consultants and the officers,employees, boards and conunissions of each and any of them from and against any and ali-.claims,auits,l udgmen is,:costs,attorneys'.::fees,damages or'aay and.all ofberre lief.gr._li.41.ty.... . .:...:.. . arising out of or resulting from or through, or alleged to arise out of, any negligent acts or omissions of N3 Contractor or N3 Contractor's officers,cmplosces, agents or subcontractors in the performance of this Agreement,or arising out of or in connection with litigation based on any j mechanic's lirn or other claims,suits,judgments and/or demands for damages by subcontractors- In the evens of any action against Elgin, its officers.employees,agents. hunrds or Commissions covered by the foregoing duty to indemnify, delend and hold lmtmless, such action shrdl be 1 defended by legal counsel Elgin's choosing. In the evens and to the extent that any legal work is performed by Elgin's in-house legal counsel pursuant to the provisions or this section,Elgin shall be reimbursed by N3 Contractor for such legal.work at the rate of 5200 per hour, which rate N3 j Contractor hereby agrees and acknowledges to be a reasonable rate for such in-house attorneys' l fees. late provisions of this paraLamph shall survive any expiration and/or termination of this Agreement. 24, If more than one N3 Contractor is used,such arrangement will be reflected on the N- 3 Punchlist to be attached to each ofthe contract completion agreements with rach respective N3 Contractor. in such instance,all N3 Contractors shall lhlly coordinate in the scheduling and X2,14- ,. performance of the work;provided,however,each N3 Contractor shall be solely responsible for its own work and no N3 Contractor shall be responsibie for the work oranother N3 Contractor. 25. 'Ibis Agreement and each and every portion thereof shall b,-- binding upon the successors and the assignns of the parties hereto;provided, however, that no assignment shall be made Nvithout the prior written consent of the other parties. ?6. The N3 Contractor shall also complete at the time of the execution of this agreement.additional.:agreement,dacut mcrns._to.,include_the City-jo Elgip, Illinois,.certification requirements: City of Elgin, Illinois bidder's employee utilization form; City of Elgin, Illinois, t equal employment written commitment guidelines; City of I:Igin, Illinois sexual harassment- policies and programs; City of Elgin, Illinois tax/eullusiun'debarmenUprevailing wagellegal i status of employees affidavit. Any notice given under this Agreement shall be in writing and shall Ix:deemed to have been given when band-delivered or deposited in the U.S. innil, certified or registered, return receipt requested,postage pre-paid as follows: l i As to the City of Elgin: { Ron Rudd,City Development Engineer 1900 Holrttes Road j Elgin,Illinois 60123 Telephone: (847)931-6081 E-mail: rudd_r@cityofelgin.oro With a copy to: 1ViIliam A.Cogley,Corporation Counsel City of Elgiu 150 Dexter Court Elgin,Illinois 60120 Telephone: (847)931-5659 E-mail: cogley_v e cityofelgin,org 13 u As to Arch Insurance: Will Pearce Arch Insurance Group,Inc. 1601 Cherry Street 3 Parkway,Suite 1500 Philadelphia,PA 19102 Telephone: (215)606-1577 Fax: (866)455-7099 E-mail: wpearce@archbmLranmcom With a copy to: foe[R Page,Jr. Leo&Weber,P.C. One N.LaSalle Street Suite 3600 Chicago,IL 60602 Telephone: (312)857-0910 E-mail: jpagc@leoweber.com As to the N3 Contractor: t InA rA_ ll, k�a1�t,��-cull 27. As a condition of this Agreement,the N3 Contractor shall have in place a written substance abuse program which meets or exceeds the program requirements in the Substartcr Abuse Prevention Public Works Act at 820 ILCS 265/1 er seq. A copy of such policy shall be provided to Elgin's Development Engineer prior to the eatry and execution orthis Agreement 28. Notwithstanding anything to the contrary in this Agreement; with the sole exception orthe monies Elgin has agreed to pay to the N3 Contractor pursuant to Paragraph 2 hereof, no action shall be commenced by the N3 Contractor, any related persons or entities, and/or any of their successors and/or assigns, against Elgin for monetary damages. No action shall be commenced by the N3 Contractor, any related persons or entities, and any of their - I4- successors and/or assigns against Arch. The provisions of this paragraph shall survive any expiration,completion and/or termination of this Agreement. 29, This Agreement is and shall be deemed and constmed to be a joint and collective wort`product of Elgin,Arch arid the N3 Contractor and, as such,this Agreement shall not be construed against any patty, as the othenwiw pwporled drafter of same, by any court of competent jurisdicdon`in other to resolve any inconsistency,ambiguit,,tisgueness'or conflict,if any,of the terms and provisions contained herein. 30. The N3 Contractor hereby waives any and all claims to interest on money claimed to be due puruant to this Agreement,and waives any and all rights to interest which it claims it may otherwise be entitled pursuant to law, including, but not limited to, the local government Prompt Payment Act,as amended(50 JLCS 5011,of seq.)or the Illinois Interest Act,as amended (9 15 iLCS 20511,er seq.). 31. It is agreed and understood that the provi!ions of the Public Construction Contract Act (30 lLCS j57111 of see/.)as amended, shall not apply to this Agrcemcnt or the work to be performed by the IN3 Contractor pursuant to this Agrexment. No claim whatsoever shall be allowed to the N3 Contractor for changes,extra.work_or material not included in the payment to the N3 Contractor as proAded for in Paragraph 2 hereof, t?ased upon a claim relating to subsurface or latent physical conditions, or unknown physical conditions at the site. The 1"13 Contractor shall be responsible for making a careful exuminagun of lite site of proposed work, the contract documents, the specifications, general conditions,plans,special provisions,contract forms and the N3 Punchlist prior to entering into this Agreement_ The i`13 Contractor is n:sponsible ter fully informing itselfas to the quality and cluanlity of materinls required and the - 15- _ . ' i I character of work to be performed, including, but nor limited to, any matters relating to subsurface or latent physical conditions, or unknown physical conditions nt the site. The N3 Contractor shat{ further make an investigation of the si[e I:rier to ertierin;into this:Agreement. I 32. 11tis Agreement,the docwnents it incurporutes and its attachments constitutes the . f i entire Agrminent between Elgin and the N3 Contmctor on the subject.matter ttereol'and may not ! 1 I be changed. modified, discharged or extended except by written amendment fully executed by i { the parties. i`igin and the X13 Contrncror agree that no woreseniutions cn warranties shall be t l binding upon the other party unless expressed to writing herein or in a My executed amendment hereof,or change order as herein provided. 33, It is underaood that this Agreement may be executed in counterparts by the parties herdta, and that electronicntly transmitted signntt:res shall have :hr stune legal effort as I ;n-i�irc!s:enau,res. i IN W(VNE S `XHERF",,0F,the undersigncd have placed ihcit signalures;ii;_. 17thciay of 1 2M i. 4 A I-TES •: , , CITY i}I' .i liINI.il, -I'' A ARCH INS1 'RAN '�' .ON'tPANY I } � ' l .t. •I t su Tr' �'j--A���-ate'"`� l j ��cry �N:,CCO, RA nR QP�t Tu si, ,j i F'•1cr-lL4p,'AU<a::cr,:YSvnp!aom Alp-rrhb!u:r:rn\.hlcan-a_'i-13 doe - 16- I AROT NTH . ENGINEM AND SURVEIVU5 Waterford Neighborhood 3 Scope of Work Fa Revised:612311 I 1_2rN4.,-:C'1aP14 6 INC, Listed below are the items that the ConiractormUSt complete prier to the accept mcc of the Subdivision improvements':Pleuse refer to thu-PriipdsciJ ImprovemcncPinns prepared by Manhcrd Consulting-I TD;.Inc.,datcd:June-17,.2003.►vi[h.11le ,iatrst o;yision date of October 7, 2005,Preliminary Landscape Pl,'ttt prepared by Jen Land Design datMl July l9,200 and Park Plan prepared by Gury R.Weber Assouia cs,Inc.dated October 4,2004 Willi the latest n:vision date of August 1,2006. 1. Once the finat asphull surface is installed on the rmdways, lilt con dtor must vide as-built center line elevations to the City rar review and .prowl. The US. It information must be shownCnvorpnnru:d into dre Wat- Ord Subdivision Reco raving Plans prepared by Manhard Consulting. I1. Soil and Erosion Con 1 I, Silt fence shall be re ved on bolls sides of! 84 and the ormige consuvction fencing shall be remov m along lots l3 nd 132. 2- Inlet filter protection is only uired 01 1'otlowing inlets:CH-3-IC;DB-3-f D; DD-3-2I C;CB-3-21C and CB-3- 3. All areas disturbed by the cont to tmt he realnred utilizing topsoillseed and blanket if required,the con etor must to the n:stored areas until an adequate mat of grass is establish- Ill. Grading end Vroinag t. The follorvi undeveloped lots must have 4"of topsoil stalled in lhu right-of- ivay(RO )and b�ttded for positive drainage between the c b and sidewalk(to be in led by canuaelar). .Class lA seed, fcrtilifter and anket must be ins ed in the ROW far undeveloped tots: 125. 131. 143, 1,14, -I, 152, 153, R, 164, 165, 166, I67, 182, 183, and 185. The contractor also mu install a topsoil slope from the top of sidewalk to the right-of-way line on the unde loped IDES. The topsoil slope must be swbili7ed utilizing Cluss IA sued, fertiliz• nd 40NY201 Wasco Road Suite it • St.Charles,Illinois 60175 • Phone 630/587-0470• Fax 6301587-0473 Page 2 o€17 .,) mmagc issue in the infield area. All disturbed areas must he restored utilizing topsoi Lass 1 seed,Fertilizer and bl:nket V, Landscaping llta fofiowins addresse ave Trees that arc dead or dying and must replaced. 1. 503\V--xtbrd Ct.(Rd vc/Replacc red maple trr:e) 2. 2892 Killarney Dr.(Remov eplace red maple t 3. 297?,Shamrock Circle(1_temovc maple xt to driveway, reniovetrcplace 3 red maples on W--aterfard Cb side) ' _ 2976'Stiariuocli Cutts;—RemovelR" ucc loran tree) 5. 2993 Shamrock Circle(Demo eplacc sycam tree) 6. The following undcvclo lots do not have trees in lied: Lots: 125, 131, 143, 114, 151, 152, 153, , 154, 165, 166, 167, 152, 183,a 185.The 28 missing shade trees on th b lots must be insin led as por approved a ginecring drawings and landsca ' g plans (Jan Land Design Plan dated July i , '002) and the disturbed • s restored with topsoil and seed, 7. The useball park does not have all Inndsealpinb installed ns per a ved gincering drawings landscaping plans- The developer must. install 29 s8 e trees, 19 ornarnmial tries and 3 evergreens per the Jun Land Design Plan date 8. The impmvetnenty to Central Paris are not compMu. Completc the improvements in uecordance.wilh the'Park Plan I'or.Watcrford"(prcparud by Gary Weber and Associates,Aalted October 4,2004)as stated on Shect 0 of die engineering plans. Listed below wQ the!turns remaining to be constructed or to be n:paired. a. Construct the Pavilion per detail G7(including 3 purls benches) b. Construct the Gazebo per detail D17(including 2 park ticnchcy) c. Supply and install the following playground equipment: 2 Saddlemate Minibikes;2 Saddlcmntc Pony, 1 Linear Lane; 1 little Climb Lind Slide; 2 Primetime Swing wl Belt Swing;and Add I Bay S+ving w/Enclosed Tot Seat. d. Supply and install the 3 Heavy Duty Picnic "fables located in the southeast comcrof die purk 4; Install the missing concrete ramp on the north side of the playground area. i HifeLESt COL 1COC-QOI-3AkZorrerpor4meel?QI t-a5rP_Nn 3 Sc Vc er Wuik Rtviud 6-2 3-r l.duoz Page 3 of 17 j. Supply and install the missing Central Park siam by the-sidewalk entrance to l the Pavilion. ' as ; mead fr:i Kim-1-i'.ae that removed and replaced, i i Vt. Su i(ay Sewcr Improvements&Appurtenances Sant ry sewer improvements Zvcrt reviewed For compliance with the proved subdly• ion improvement plans, the Standard Specifications for Witter d Sewer Main Co truation in Illinois,and the City Codc, l. Sib W3 The mnnhole has debris in the structure and must leaned. 2:._S�fH-3.1= The manhote-is no c:adjusted::to=the-pro per.el .anon :at::must:.be_... .. .:,..:._ adjusted to match the surrounding grade,rue and tested. 3. SlvlH-3L a manhole has debris in the structuru;ind mist be cleaned, 4. SMH-3Q The anhole has a torn chimney sett nd must be replaced and tested. 5. SNIH-3T The man ore has a leaking chim y seal. Replace the chimney seal and tes 0. The following locations on 1 terford Drive o not hAVC an"S"inscribed into the eoncn.te curb: lots I812, 183, 35 and a class 570. lmscrihc: an °S" into the concrete curb in rmw of the sewc ervic location. 7. The undeveluped lots i25, 131, 143, 4, 151, 152, 153, 1511, 16:1, 165, 166, 167, 182, 183,and.1.85 must have the 4". 'witness posts installed at the termination or the sanitary service, Tice pos must c painted red and extend at least 36" above the ground. V11. Storm Sewer Improvements&A urtenanccs Storm sewer improvements were reviewed for mpliance with the approved subdivision improvement ans, the Standard Speci t tions for Water and Sewer Main Construction in IIH is,and the City Code, 1. All repaired storm ewer defects and corrective work sh 11 be completed and re- televised fif requ' d)priorro City rcv!Lxv and approval. 2. MH-3-11 he manhole has debris in the structure and mu ' be cleaned, 3. 1414-3-10 The manhole and inlet basket have debris in di and must be cleaned out and the inlet basket removed. 4. CB-3 0A The.catch basin and inlet basket have debris in them, d must be cleaned out and the inlet basket removed. 5. -3-9 The manhole has debris in the structure and must be cleanc The bottom of the manhole is broken and must be repaired. NIH-3-8 The manhole hus the wrong lid and the correct lid must t["F]iJ.�1C0r'COJ:Dar-].UGmaparlcmxl2al t-05-02 ti{;]Scope o(Wak Rnv.J G�.�r I dxz Page 4 of'17 cleaned.'Ilse manhole frame is offset and must be realigned a?d the rings adjusted,accordingly. 7. A -7 The manhole has debris in the structure and must be clean .The steps in the manhole structure are offset and must be ovcd, resliped and reinstalled. S. CB-3-7A The w1uh basin has debris in the structure /must leaned. y. CB-3-7F The catch basin has debris in the structure alranetl 10.1v1H-j-6 a manhole frame is nfTsct and trust be d the rings ad sted, accordingly. The manhole has id and the t lid must be installed. A. i he cA h hasir! frame and_nn wrrrn nd must be .. gs. monare _ 12.MH 3-23 The manho rim is at the wrong ciev tion and must be adjusted to match the su unding grade. 13.CB-3-23A The Batch bnsi frame and rin were not mottarud and must be mortared. la.CB-3-23B The catch basin fra a and ngs were not morrdu:d and must be mortared. 15. CB-3-22A The catch basin and in basket have debris in tlictn and must be cleaned out and the i et b• kct removed. 16.CB-3-2213 The catch basin inlet b •et have debris in them and must be cleaned out and a inlet baske moved. 17.CB-3-22C The catch bas and inlet basket ave debris in them and trust be cleaned out d the inlet basket rem ved. 18.Iv1H-3-25 77he man le_rim is at the wrong elev ion and must be adjusted to match I c surrounding grade. 19.CB-3-25D The tch basin frame is offset and must b adjusted.lltr curb box on to catch basin is damaged and must be r laced. 20.MI.1-3-16 he manhole frame and rings are offset and m st'be realigned and the rings adjusted,accordingly. 31.N1H-3-17 The manhole frame and rings sane offset and must ,realigned and the rings adjusted,accordingly. 22. CB-3 A Tile catch basin and inlet basket have debris in them d must be cleaned out and the inlet basket remuved. 23. -3-1 B The uaich basin and inlet basket have debris in them and s be cleaned out and the inlet basket removed. h.CB-3-2A The catch basin and inlet basket have debris in them and must cleaned our and the inlet basket removed. H'1F1[F„S1COElCOm3t•at!Cortcpondc�xt2all-05aZNH3SrWcuf`W kAcrocd64i•IlAOM r Page 5 or 17 25.CB-3-2B The catch basin and inlet basket have debris in them and must b cleaned out and the inlet basket removed. 26.C -2SA The catch basin has debris in it and must be cleaned.The arch basin is at the wrong elevation and must be adjusted to m ch the surrounding grade.The structure is inaccessible due to a f ce.The contractor must remoydreplL-ce a section of tht; fence in order to complete the work. 27. DB-3-6A The drain Basin is offset and must be realigned n cordingly. The in basin has debris in it and must be cleaned.. 28.1)13-3-21C. .1 . Filter-fabne in the draln,basin_is damaged d must be removed and r faced with an Wet filter basket. 29.CB-3 9A Tlie_cat "basin'is"at the'wrong iacvation nd°must br UdIusred-ty° match the rrounding grade. 30.C8-3-8A The structu is inncccssibly due to ,''ericc. The contractor must removelreplac a section ul' the fence in order to clean the structure, con- t the City for an inspection and repair any deficiencies disco cred. 3 t.MH-3-12 The manhole is bloc ed ufi t the North and must be cieancd out. 32.OB-3-7E 'Me drain basin is cre -c and must be reoaired. The drain basin has debris in it and mus a cleaned. 33.CB-3-713 The catch basin has d r'is i it and must be cleaned. 34_CB-3-7C The u-uch basin debris in and must he cleaned. 35.CB-3-71) The catch basin as debris in it d must be cleaned. 36. DB-3-2D 'Me mortar round the drain b,sin is dsmuged and must be repaired. 37.CB-3-2C The cats basin has debris in it anti m be cleaned. 38,DB-3-1D The in basin has debris in it and mus be cleaned,A nciv inlet flue esker must be installed, 39.CB-3-IC c area around the catch basin is-it the%vrun elevation and must M graded appropriately. The lifting rings on a catch basin are still uttae m hed and must frz removed.A nc%v inlet -tier basket must be installed. 40.DB-3-2 C The drain basin Is offset and muse be realigned acc ingty.The drain basin has debris in it mid must be cleanrd- 4I.C -21B The catch basin has debris in it and must be cleaned. it: fltcr fabric in the catch basin is damaged and must be n.mo d and ropluccd with a new inlet filter basket. _.CB-3-20A The catch basin has debris in it and must be cleaned, The ii r Fabric in the catch basin is damaged and must he removed an A. Ei.ifn,FS1COr:�C{)foal-3.tlConepesdcctlipll-0S-0:?7117 ScopearWoh Rcvisei 4.25-!I:orx Parse 6 or 17 replaced with anew inlet filter basket The mortar uround the cat basin is damaged and must be repaired. 43.CB-3- B The catch basin has debris in it and must be cicaned. 44. DB 3-20 The drain basin has debris in it mid must be cicaned. c drain basin is offset and mast be realigned accordingly. 45. CB-3-19x1 Tlic catch basin has debris in it and must be cleaned. 46.CB-3-18A ' e catch basin is offsct and must be reali6med rdingly.The cat basin has debris in it and must be cleaned, 47.DB-3-17D The in basin is tocuted triihin the fe ced backyard of a residen and must be cleaned and inspects 17C The pipes t aCrun'inta'the cittcti'liastn a not Morl'afed piopetiy and must repaired. Tht: catch b in is offset and must be realigned acc rdint*y.The catch has' has debris In it and must be cleaned, +19.DB-3-40B The drain basin debris in it d must be cicanrd. 50.D13-3-10C The drain basin h debris i it and must be cleaned. The drain basin has the wrung II and a cerTrcr lid must he installed. 51. 1713-3-40A The catch basin has de is in it and must be r1uned. The ftma around the cutch bas' at the -�vrone elevation and must he g"ded npprupriatel}- 52.The following sections of sto sewer huve de -icncies that must be repaired and any disturbed areas restand 'th topsoil and se a. ;1H-3-8 to CB-3- A There is a mod to offset in the pipe joint a 11,10' from i14-3-8. This segment must grouted.Theta is a crack fro 7 io 5 o'clock in the pipe joint at 54.9 ' frorn MH-3-8.This must be reps d by lining.'rhea:is a service c "non at l l o'clock at 77 80' f 1%fH-3-8, and [iris cormceti n should be removed, the penetration rep"red, and connection made o the appropriate storm «ater structure per the approved engi eying drawings.Thera is a service connection at o'clock at 79.90' fro MR-3-8, and Us connection should be removed, the penetration paired,and connection made to the appropriate storm w r structure as per the approved engineering drawings. Once these repairs made,the. segment ntiisi be rc-televised.- . .. ..... ... ........ ......... . The pipe is broken at 112.70' (ruinCB-3-7.4, This segment"" t be removed and replaced,then to-televised. c. MH-3-9 to CB-3-9A It,1FltF�1KOL1C4F.fat-3A1ComiFarJatail0i I-a5•U2 NR i 5cxpeorWart R�'+'ts.^d G-21•r i.doG Nge7or17 T here is a service connection at 10 o'clock at 105.00' from MA-3-9,an this connection should be removed, the penetration repaired, d nnection made to the appropriate storm water stnicture as per e ap roved engineering drawings. Once this repair is made, the se ent m be re-televised. a. MH-3- 4 to CB-3-24A There is severe offset at the pipe joint at 2.00' from MI 24. This segment m be removed and replaced,then re-televised. e. MH-3-24 to H-3 23 The pipe is b ken at 145.70' from MH-3-24. This segment must be repaired by'lmin -then re-telcvised:' f `MI{-3-23 to 1vt�i-3- The pipe is broken at 1.50'from MR-3-23,Thi ust section be removed and replaced.There is ud and debris in the pi at 9750'from MR-3-23. This must be cleaned o t and m-televised. he video provided to TAI terminates at 100.00'fro NW-3-23,whic gives an incomplete view of the pipe. Once the pipe i eicaned out and all repairs are made, the segment must be re-televised. g. MH-3-16 to MH-3-15 The pipe is broken at 10.00' f MH-3-16. This segment must be repaired by lining,then re4elevis h. CB-3-213 to CB-3-2C The pipe is broken at 6 from C -3-2B. This segment roust be removed and replaced, Th is a separa' n in the plpe joint at 6950' from CB-3-2B,This se ent must be grout Once all repairs are made, the segment must be levised_ i. MN-3-19 to CB-3-1 A The.pipe is btok.. at the joint at 11.00' from -3-19. This segment must.be repaired y lining.There is debris in the bo m of the pipe.This segment must cleaned out. nit: video provided TAI terminates at 28.20'from -3-19,which gives an incomplete vie or tha pipe-Once the pipe is coned out and all repairs are made,the so cnt must be re- televised. CB-3-1 B to CB-3-17C _....___..._..._. The pe is.broken_at-:97.60' from CB-3-1713. T14 segme must,bg:::; rani• ed=said teplarxd_ There rs debris:iritfae�batitin.�oi'�t1ie�� ors ::se nC=srit t bt�o1=6d ouk_[lit;y do_ginvid d:to:TA1:tcnm_sfcs at 0.10' from CS-3-M, wblch,givcs an incomplete view of th pipe. nee the pipe is oleaned out sod alt mpairs are made,the segment mu t be re-televised. H:1Fit�lCOEl00E9o1-3AkarttspadamcUAr1059?NH3 Scope orWarkRevisal&73.1t 3= Page 9 of 17 i i k. DB-3-6C to DB-3-613-10"corrugated pipe The pipe is collapsing at 50.00' from DR-3-0C. This segment mus e ) removed and replaced.Once the repairs are made,the segment must a re- televised. 1. 1 -3-6a to CB-3-6A—12"corrugated pipe •Ili pipe is collapsing at 137.00'. 'this segment roust be emoved and repta ed. 'Mere is debris in the pipe at 137.00' from 8-3-68. This seem must be cleaned out Once the pipe is cleaned i and all repairs arc mad the segment must be re-televised. m. C13-3-78.to B-3-7C These is-deb s to the pipe btginning of 13 '"frdm CB-3!B This segment must • cleaned out. There is u blo age in the pipe (Remove blockage) and th pipe appears to be bro n at 59.80' from CB-3-7B (Remove this seed n of pipe and repla , llie video provided to TAi turminaics at 59.80' m C13-3-713. tv .h gives an hi omplete view of the pipe. Uuce file pl a is cltasted ut and all repairs an made, the stgrnent must be re-tcicv d. n. C13-3-25A to DB-3-25B The pipe is holding water B -258.This segment must be cleaned out and re-televised. o. MI-135 to MH-2-27 At 44-5' there is.a ole at the joint. is segment must be removed and replaced,then re- icvised. p. 013-3-33 to -3-8A "ilie video vided to TAI was underwater d 'ne filming.'Phis segment must be -televised and any deficiencies repaire q. DB- C to DS-3-7D Th Is mud and debris in the pipc.'l-his wgmeni m be cleaned and re- t evlsed. .VIII. Water ain'Improvements&Appurienanccs.- . �.....:..:................ .. .. :__ :....:,.,._:....__....._.- t _4vilh,_*...appioved -:-_ - s` division improvement=:pliuis; tlie_5tniidnsii::5peciticetions::for_;1Vntcc'an_:.Sewer ain Const-suclion in Illinois,and the City Code. _...I:- Alt Fre-hydrants-in-the subdivision•havr experiences]-fading;,chipped-or.fl paint, rust spots and are considered unacceptable. 'llte hydrants must be sa d I1AF1Lr'S1CQ>(:()L•L9l-3A1CortnpaAG=%?011-05-02tJFi15apecrWmtRc�imi6.23-11 duce t'age9af 17 blasted and repainted International Orange with a Pen-Bust enamel paint uivalent, 2. Al fire hydrants in the subdivision were difficult to operate.The contract is to app) lubrication as specified by the mnnufacuuer. 3. All fire ydrants in the subdivision stilt have the cap chains. These c ains must be remo d per the fire hydrant detail on sheet 37 of the approve engineering plans. 4. HYD-3-1 I The auxi)iary valve box is too high and must be a ustcd to grade. 5. HYD-3-8 snot locate the auxiliary valve and the noatl height is only 12". -L ate the walvc;adjust-to grade raiseahe h drnnt.to tlta rcquir,ed elegy.tion,and restore any disturbed are,,is vith topsoil, seed and blariR 1, _ 6. HYD-3-6 Cannot ate the auxiliary valve and a nozzle height is only 13'. Locale dr valve,adjust to grade,to a the hydrant to the required elevation, a d restore any disturb d areas with topsoil, seed and blanket. 7. HYD-3-5 Cannot locate th auxiliary va e.Locate and realign the valve,and restore arty distur areas, Eh topsoil.seed and blanket. , 8. 1-FYD-3-3 Cannot locate the au ilia ,valve and the norrle hciglx is only 15 Locate the vulvc_ad} to grade,raise the hydrant to the required clevadon,and rector y disturbed areas with topanil, scat and blanket. 9. The undeveloped lots (Lots: I , 131, 1 , 1,14, 151, 152, 153, 158, 161, 165, 166, 167, 182, 183,and 185) ust have the "x d"witness posts installed at the termination of the water s ice. The posts wit be painted blue and extend at least 36"above the groua . 10.The following water s ices were identified as Iicient and require corrective ecrion along Wcsfo ourl(Drive. 618 Inscribe"W"into the curb in frn 1 of the water service box. Curb stop could not ix keyed. epair tltc curb slop uud restoru any disturbed areas with top it and seed. 616 Curb stop could not be keyed. Re ' the curb stop and restore any disturbed areas with to d seed. 12 Curb stop could not be keyed. Rcpair tl curb stop ttrld..._..,.:. .: ............._- . :......... re5•tora any distrubed areas with topsoil:and _.:.:__.___.....__..._ _ _...,:_.Guria'stop;eouid'not:bc`iscyeii.`Repair'the:c.'rb.slap.3nd—" fet66e'any di3hfrlied iftiii-ivith topsoil-turd see . f 606 Curb stop could not be keyed and is located app imately 2 behead fhe�iaok"iif ilit'sidetviilk.-Jtcpair the cu 'stop, relocate the curb stop to the ROW. and-msto any disturbed areas with topsoil and seed. 11;16LES\COICO Ut•3A1Coac3 dantLTatI83-03Nil3SapsaMrirkHmi=d8.23-11 doe 1 �J Page 19 of 17 Curb stop could not be keyed. Rt_pair the ctsrl3 stop restore any disturbed areas with topsoil and sccd. 588 Unable to locate. locate the service boy, adjust to de, and restore any disturbed arurs with topsoil and send 586 Curb stop could not be keyed and is locntul app imately 3' behind the back of the sidewalk.Repair th curb stop, relocate the curb stop to the ROW, and restore any disturbed areas evith topsoil and sccd. 534 urb stop lid is broken, not st the proper levation,and is I approximately 2' behind the bu of the sidewalk Rd] cote the curb slop to die POW,d " •t the curb stop to alto__ per„:elevaunn,...,rcplacr::ahe.:; d. and distur areas with topsoil and see . 580 Curb stol is not adjusted to the p )per elevation.Adjust the curb stop t the proper elevate and restore any disturbed areas with to soil ttnd seed. 581 Curb stop co d not be k d. Repair the curb stop and restore any distu Ld w1uh.topsoil and seed. 585 Curb stop could a be eyed,has the wn>ng It'd,and is not at the proper elevati .Repair die curb stop,replace the lid, adjust the curb stop dte proper elevation,and restore any disturbed arcus wit to oti and sued. 587 Curb stop soul not be ."eyed. Repair the curb stop and restore_any di rbed areas ith ropsgil and seed. 589 Curb stop uld not be key Repair the curb stop and rnStore an disturbed areas with opsoil and seed- 593 Curb s p has the wrong marnlf turvr's lid on it, the lid must replueed whit fete proper Ii 603 C- stop could not be keyed. Re 'r the curb stop and tore any disturbed areas with topsoil nd sred- 605 orb stop is located apprmimntcly 2' b hind the back of ' the sidewalk. Relecute the curpso b stop to the ROW and restore any disturbed areas with toil Ind s'ed. 607 Curb•stop could tiof be'keyeed. Repair the c slop and restore yp:'d'tsturbrd areas with to soil and sccd. - - •y : p �”Curh'siop�cnWd•_iiot�be::.krycdsRrpriii;;flee=cti-b:_•-ioprand- juslorc any disturbed Hrc as=with tapsoii•ard:•sccd>- I 1 Curb stop has a broken nut on the lid,could not be k ed, _.... ...................._...._..._... ......... . ......_.-._... .......... . ...... -and is'not arthe elevation;-Replace-the lid;`rcpai e- - curb stop,adjust the curb stop to the proper elevation,a restore any disturbed areas,.vhh topsoil and seed. 11:iFiLESiCl7LlCOfAai-3 AILarrupa-uisrct2ai 1.05.02 NN 3 Sccpc crWOrY ncri:a!6•:3.1 ld�- t Page i t of 17 613 Curb stop has the wrong lid and is located approximatel ' behind the back of the sidewalk. Relocate the curb to the ROW, replace the lid with the correct manufa 's lid,and restom any disturbed areas with topsoil an 615 Curb stop could not be keyed,is not at the prop elevation, and is located approximately 3' behind the ack of the sidewalk. Relocate the curb stop to the R . repair the curb stop,adjust the curb stop to the pro elevation,and restore any disturbed areas with topsoil d seed. I I.The following water se ices wero identified as de6cie and require corrective action along Shamrock Ci le. 2922 Curb xis broken and the a stop could not be keyed 1 `the club bax� si e cui$'sco,and restore an' Rep roP.. disturb as with topsa' and seed. 2976 Curb stop i not at to proper elevation.Adjust the curb stop to-the p r el e on and restore any disairbed areas with topsoil an s 2978 Curb stop could of be keyed. Repair the curb stop and restore any dis areas with topsail and seed. 2984 Curb stop the. ng lid and is not at the proper elevation_ eplace the id with the correct manufacturer's lid,adj _ the curb stop the proper elevation,and restore any di_ ed areas to gra with topsoil and seed. 2988 C stop is not at the pro elevation. Adjust the curb st to the.proper elevation an restore any disturbed areas th topsail.and seed- 2992 Curb stop could not be keyed, R air the curb stop and restore any disturbed areas with tops 'I and seed. 2994 Curb stop is not at the proper elevau n. Adjust the curb stop to the proper elevation and restore y disturbed areas with topsoil and seed 3 0 Curb stop is not at the proper elevation. A 'ust the curb stop to the proper elevation and restore any rbed areas with topsoil and seed. . 12, following water.services�were.;ldentifial•as._deficient and require._ tion along Wateaford _.574 "` " : lnsaribe"W into tbc'concrete curb-in=froirt af:the service box. Curb stop could not be keyed and does t have a-fid:-Repair-the-curb-stopi-in stall-the•proper-lid,-an - ---- restore any disturbed areas with topsoil and seed ri 1Fn.E51CORCO—LW r-3A1C"orda,c62013-0542 NH 3 Smpc.^rWo*Revisal&13.1 U== t Page 12 of 17 572 Inscribe"W"into tie concrete curb in front of the water service box. 570 Inscribe"Rr"into the concrete curb in front of the wa service box. 8 Inscribe a"W"into the concrete curb in front of wager a service box.Curb stop could not be keyed.R the curb stop and restore any disturbed areas with tops 1 and seed. 13.The following water services were identified as deficient and ire corrective action along Kil y Drive. 2897 Curb stop could not be keyed Repair a curb stop and restore any disturbed areas with to it and seed, stop could not be keyed.R ,it the curb stop and re any distiiiticd areas%-Vi "p soil 'and seed:" 2889 Curb p could not be key Repair the curb stop and restore ny disturbed ar . topsoil and seed. 2887 Curb stop ould not be eyed.Repair the curb stop and restore any lsturbed with topsoil and seed. 2888 Curb stop cou a be keyed and is not at the proper elevation.Re a curb stop,adjust the curb stop to the proper elevati d restore any disturbed areas with topsoil and s 2890 Curb stop ould not keyed.Repair the curb stop and restore y disturbed . s with topsoil and seed. 2892 Curb ox has the wrong li ,and is not adjusted to the proper ele on Replace the lid.w the correct manufacturer's I" adjust the curb box to the per elevation,and restore y disturbed areas with topsoil_ d seed. 2894 Curb stop could not be keyed.Re 'r the curb stop and restore any disturbed.areas with tops i 1 and seed. 2898 Curb stop could not be keyed.Repair curb stop and restore any disturbed areas with topsoil a d seed. IX. Street Si ge ;._... _ Street c.si a e.wasrevie pied.foe,.cAmplience:�yiththe.;. zvvcd.."'ba>visrgn .:: ?� : :- gip:. . emeot:'pT -in:`wfiic�i`sign:;lacafionsuii`a'typicai`con§tnictron_ '` Was o'idcil.:.Street_ iiientificatirin:_signs—We>:e-"teviiwvcd for corripBance. : .'th:.the S 'vision improvement plans as well as the City Code. All defects and `lures fisted_below must_becorrected_prior to _final acceptance of the subdivi_on Restoration of landscaping due fo corrective action shall be included, HAFT LES\COELOEL`O WA1Carrnpencaxct_AI 1-05-02 NH 3 Scope ar1Vmt Rrfixt,6-73-1 l.doQ • 1 Pagv 13 of 17 1. T]ie'STOP'sign on Londonderry Drive at its intersection with Shamrock Ciro is missing and must be installed. X. Ron y Road ty ,improvements tvcre rcvietvcd for compliance with flit api,rov ubdivision improv , nt plans,the Standard Spccifications for!toad and Bridge nstniction of the Illinois eparunent of Transportation,and the City Code.All de f crs and failures must be corre cd prior to plaet:mentof hot-mix asphalt surfucc coo •c. 1. The roadway in Neighborhood 3 have an asphalt ramp at t curb line that must be mmoved,be re'the surface course ofasphalt can be ins led: Once the asphalt ramp is remop the area.alung the curb line will nee to be reviewed for any additional diima§' caused by the ebm' P`letion con' etoi- that`+4601d'reyuiee - ramovallrepincement f the curb. 2. Alt the roadways in N ' hborhood 3 must hav die surface cotirse of hot-mix asphalt installed as sho on the approved nginecring plans. The existing roadways must he prep paved in ace rdonce with the war Standard Specifications Car Road and idge Coast ctinn. The contractor is responsible for providing material testing f all mp It paving work in accordance with the IDU'1'I I,NIA-Plant Test Frequent an 1. AA-QCIQA Acceptance Criteria to the City of_Elgin. 3. All structures located in the pay eat ust be properly adjustedd to the slope and grade of lie surface course of as i21t. 4. The following sections of co Crete curb an Rutter at the nddresses and locations provided were'found to be a icient and in u eccptable aondiriun. Each section of curb and gutter listed Clow must be rernov• and replaced utilizing full depth saw-cuts,dowel bars, d.proper farming and fin hine icchniquas in accordance with the Standard Sp ifications and City code. Th Contractor is responsible for providing FCC trial testing in accordance with a Standard Specifications and the testing Its must he submitted to the City. A 'disturbed areas must be restored with t soil and seed. IL We, ord Court[Drive 5 I1' i 584 9' 586 26 594 5' 598 9' t MFILUICO 1,:0 NR 3 Scope o f Wort R evi;eJ h•?3-[R Page 14of17 604 17' l0 14' 6 32' 61 Al' 615 4' 613 27' 609 5' 607 5' 605 2R' 593 30' t 591 4' 587 6' 585 I'I' 583 6' 581 15' 537 125' Lot 80 61' b. Killamy Drive 2886 18 2894 7' 2898 5' 2397 137' 2393 5' 2889 5' 2885 13' c Shams Circle /R�_, is, 16, --103/` ._.-..........- ---.. ....__....._-[5>........_.... -......... r?978 12' Fi-1tlLl"SlCallf:0E:01-3A1Coaups•3rncc'1Ai 1.541?NF{3 Sc�pc of 1Yuk Rcsixd fS-2S•I t.Jocz Pave 15 n(17 t 2976 d�' 2972 3 3000 16' 2998 1996 it ' 2 2 1 . X1. Sidevrdlk 1. The loilowtng se tins of concseTe :iJ�walk at iddre5aa slid locauons P.ro idcd went fov to,bc missing or dt flacon a . In unacc�}�table cpndiport.. i l Each section of sides lk listed below must be moved and replaced uiilt<ing 1 proper forming and r ishing technittucs in accordance with the Standard Spccilication s and the Ci • Code. The Cent rlur is responAble for providing PCC material tcstiog in a rdance with Standard Specifications and the testing tesutls must be subi iacd to the :ity. Any dis±urhO areas must be rustumd with topsail and seed. a. Wcxford Cot,rvDrvc 532 7`si 6(16 :;l 612 }00.' 414 i 6i6 125,1• 618 2SSf i t 613 / 7>Sf t 387 2,5 1' t 537 SUsC b. Kills v Drive i i 28 6 50%1 I i c. hammck Circic 2988 59sf { Center Para: 1005f i 2982 2:sf } { Il I � 14t:i1_1�t:aFd:f)f:f1J1.i:.eCnac �dctrr.LtiI1•JSG.h1I_')coP.arR'otl t.c+:vd 42J-Ilr,OCT . i I Pa=16 of 17 2- The rollovring undeveloped lots do not have sidewalks installed: Lots 125, 1, 143, 144, 151, 152, 153, 158, 164, 165, 166, 167, 182, 163, and 18 The sidewalks on these lots must be installed as per approved engineering d wings. The right-of-ways require 4" of topsoil installed and graded per the approved ngincering plans. Class I A,seed,fertiliztr and blanket must he ins [led in the n ht-of-way*The Contractor is rsponsibic for pruviding FCC mat tai testing in arc rdance with the Standard Speuilicalions and the testing suits must be subm ted to tht Cily. *Pnceihsuch resruond aresavcasrniCoss Ary melt 3. The fa wing sidetivalks'havcr�tandicupv�anpse lhat were Cc nd to have slopes greater ih allowed per the Cumcnt.ADA Code(1:12). Th sidewalks must be removed:: ,rcplaecd:;utilizing proper,:Co;mtng_and ishing ttchniqucs in . __.._. aecordnnce e 'h the Standard Specifications and die Ot Code, 'rhea Contractor is responsibie:for- ro�iding FGC>materinl.tcsting;in,ac rdunce_with:the,Standard Specifications a the testing results must be s milled to the City. Any disturbed areas mu be restored with topsoil ands d. a. NW comer o e intersection of Londo etry Drive and Wexford Drive—. Side-walk runni East-West has a slo of about 13.3%. b. SE comer of the 1 ersmtion of Lo donderry Drive and Lismore Circle— Sidewalk rtmning Ea -West has slope of about 9.8%. c. SW corner oflbe inters Lion Londonderry Drive and LismeiVCircle - Sidewalk center square h opc thatexceeds 3.6%. d. NE comer of the Westorn erscetinn of Shamrock Circle and Waterrurd Drive—Sidewalk mmn' No -South has a slope of about 9.0%. c. NW comer of the•ini cction a hainmck Circle and Londonderry Drive —Sidewalk tannin orrh-South Ir ti a siupe of about 9.6 F. c tW comer of th Eastern intenectio of Shamrock Circle and Waterford Drive—Side running North-South as a slope of about 10,7%and has a broken squ •.Sidewuik running Ernst- c5t be,-;a slope orabout 10.5°fa g. SW comet rihe intersection or wcxford D 've and Ki llarny Drive-- Sidewal running East-West has a slope of ab at 14.9°,0. X11. Driveway Apra s 1. The foil ing driveway aprons are damaged and must be re ved and ..coca cted at the following locations: 612 Wexford Drive = 614, rive - :.:--• • .. 616`Wc�dvrd`Diive --: -s: ;•,::...:-... :-::-:: -...-_..-:_::,.:. 2976 Shiririrack Circle M Flt.CS1COV%COECOt-3NCtx=pcmdrrat?a l l-0541?Mr]Sixorweik BmwJ 1r21.114w V t Page 17 of 17. Once the fittat so een nai pavement marl�Igs the Ca ntraoto the apptaved p MV. Acceptance by the City Council The acceptance of the required improvements shall be made only aftor all the items listed above have been completed and all disturbed arras restored as provided in this scope of work. :The foflutving-items nncst-be provided to-the City Engineer by the developer immeR7atelyafter..alL. ..:.::...... . ... .. of the abovemendoned ttVrotvmetns hove been completed. The remaining items shall be submitted in one transmittal including a cover letter Indicating the contents. Final Waivers of Lien -(only from completion contractor) Mi aintenanee Guarantee(1 year LOC or bond)-(ont},from completion contractor) H*.VILESICOLICOEWI3AlCont ,d=c-.Ut1-03-02HH3ScopcorWorkRniW6.23-t I.d= �� err ii.,; E , x ' ASSOCIATBS,INC. FNGTNEERSANDSS RVEMRS t binary 1,2411 Mr. 'chael hall,PF. City of in `I5O Dexter ourt - ' Elgin,Illinois 124 RE: Waterford lvWon—Neighborhood3 Re-televised S r pipe review/comments Dear Mr.Hall: As per your request,of the above ferenced$ubdivisinn,Trotlrr d Assn6ates,Inc.(TAl),has reviewed the Sewet pipe DVD's an ports issued from luck by dated Innunry 13,2011 The following sewer sections were sub iuedire iewed.Us d below are the items submitted for review,TA is review comments follow item in bold V1 Imm 7a. has heen cleaned and re- ptabie televised. V11 Item 58a. .NIH-3G to CB 3-9A `a, evised report supplied for this pipe should be labeled MH 3-8 to 3.8A WA (mistyped on the original orl) Vlt item 58f. 'Cieanednud ra- evised A table V Il item 58k. Re-televised Pipe ;less da 'onlangle point at 258.61. This is not indi in the hardeopy of this pipe section. This ction or pipe must be replaced and re-tetev VII Item 58P. ed and re-televised. Arse tubte V[1 Item 58q./Cleaned and re-televised- Acceptable V tt Item 53K Cleaned and re-televised. Aivelitable VIIIte 9a Re-televised,llplity flag Acceptable ieitedAtr catch basin and removed V P tarn 59b. Re-televised,stick Acce table jftoved from pipe, 40W201 Wasco Bond Suite D - St.Charles,Illinois 60175 Phone 630/587-0470 . Fax M537-0475 E.xbibit '? i Mr_�1lctssel H�.}:. qtypp�� Waterford 5ut>dvisinn-Nelghbxhoad 3 RNeievisel SrWCT Pikmviewmptr7== Februsry 117011 Page 2 of 5 f 1 Item 58s. Re-televised.(Not Pipe has sagged at 52, '. Tfds is not in uded on submittal letter) indicated in the hardedpy of tlils pipe section. This section ?of pipe must be replaced and re-Wevisid. VII Item 9i, Re-televised.(Not Debris has not been removed from the included 161,submiaal letter) invert•.of.this pi e.heW- un. This rs--_not indicated in the bat&opy of this pipe .. ._.. . .:::. ._. - .., _: ,-.st:ctiUnc--�'fte�d ris•musi-bo removed:Crotn the lnvert of tuts pipe run and er-televlsed. l The following is a list of ite from the"Waterford Subdi 'start-Neighborhood 3 Revised Acceptance Review No. 1" dater]1?ecember20,2010.These items will need to be re- televised once they have been ad sec, j VII. Storm Sewer improvements AppurrcAncea Storm sewer improvements ere reviewed for compliance with the approved subdivision improvement plans, a Standard Specifications for Water and Sewer Main Construction in Illinois,Ch Code, M.The following section of storm sewer ve deficiencies Chat must be addressed as instructed. a MH-3G t�C8-3-9A(Should be lobe- d as MH 3-8 to CB 3-SA) There is,a moderate offset in the pilr_ 'aint:u 1 1.10' from 3vtli-3G.This segment:must be grouted.Then Is n cra ,from 7 to 5 o'clock in the pipe joust t 54.90' from AM-3t3.This mist b I paired by lining.There is a =Ylcr connection at II o'clock at 77. from MH-3G, and this cp neciion.should be removed, the penetrati repaired, and connection made to the Appropriate storm water struc as per the approved engineering-drnwings:Them.is a service connectio at 2 o'clock at 79.90'- from 101-1-3G, and:this connection should be remo ed,-the penetration repaired,and connection made lathe appropriate storm vrater structure as.; per.the approv engincenng dra ings,.0 [eppi. - --— - ed w nee•these.. are tirade, . •=s .enfta :lip`. evrspd: ... ..: ....... ..::- :. .egm rise .•reiel:.._ .. ..-`-::-::-::�. .,::: ._ -._.:• - - - .: . ...............r..... .._. b:-t B 3-7A to GB-3�.B.....__.._.._..._..__..._.:.._....... ._.._...._._........ _.........._.._.__......._.._....._-_-_.......... // The pipe is broken at 112.70' from C13-3-7A, This segment ust be removed and replaced, then re-televisett- (RemovaVRepla by �/ Arch) Mr.Michael Halt,P.'Ey MY of Et " Waltiford Subdivision-Neighbo 3 Re-relerAsod Seiner pipe reviewlcom nu Feb=q 12011 Pe 3or3 b. -3-9 to C13-3-9A Th is a service connection at 10 o'clock at 105.00' from H-3-9,and this onnecllan should he removed, the penetration repaired, and ctmncc on made to the appropriate storm water stria Pre as per the approv engineering drawings. Once this repair is ode, the segment must be elevised..(Remova111tepincei by:Arc c.:1411-3-24 to 3-24A•.. .. .:.:.: There is a sev offset at the pipe joint at 2. .' Fron MIT-3-24. '1'ttis segment must be removed and rep[ d, then re-televised. (RemovalfReplo by Arch) d- MH-3-24 to 141-1-3-23 The pipe is broken at 48.70' from -3-24. This segment must be repaired by lining,then televised. e. MR-3-23 to MH-3-22 The pipe is broken at 51.50'fro 1H-3-23.This must section be removed and replaced.There is mud and r. in die pips at 97.50' from MH-3-23. This must,be.cleaned out a re to vised. The video provided to TAI termina.tes at 100,00' from H-3-23, hick gives an incomplete view of the pipe.Once the pipe is eared out ih segment must be re-televised. g. MH-3-16 to MH-3-15 The pipe-is broken t 10.0' from MH-3- 6. This segment must be repaired by lining en re-televised, h. CB-3-213 to C& 2C The pipe is ken at 67-20' morn CB-3-213. I segment must be rt moved un upieced.There is a separution in the 'pe joint at 6950' from CB-3- B.This segment must be groused.Once th pipe is grouted, the segme t must be re-televised, CB_ :i7B;tti�B3.-t7�::: :;:: :.��:. t is broken-at�_9764'_fmm::CA3 IaB-7 t4z:se ment.'itiiis!_tie- . 9 oved:aind:replaced.:There.is debris in 4e- of the p' . This egment_must.be-cie3ned_-out,_The.,.video.provided._tp,TA.l.termIn ai 100,t0':from CB.3-1713, which gives an incomplete view of the e_ Once the pipe is repaired and cleaned out, the segment must be televised, (Arch to clean/TV) 1 . � . . . � ! Mr.Nfichael Hall, Z Cfty of gin Rc4eltyi�Sewer Fripe rev' is Feb 1,2011 1. D -6C to DB-3-611—10"corrugated pipe The I e is collapsing at$0.00' from DS-3-6C. This gment must be rcmove and mplacczL (dig up/repair/TT by Arch) n-L DE-3-6BI CB-3-6A—12"corrugated pipe The pipe,is., Ilapsing at 137.00'. Pi-is segmen must be.Temov,ed and replaced. Th is debris in the pipe at 137. from DB-3-6B. This ,` the segment must re-teievised. There is a blockage in pipe at 3 from CB-3-7B. (Remove)This segment must be cleaned UL TDhe eoproyided to T&I terminates at 32.50'from CB-3-7B,which ives incomplete view of the pipe, Oace the pipe is cleaned out,anothe i of the pip must bc provided- Them is debris in the pi begin ing ai 18,50' from CB-3-7B. This be mnedo There iNblocknge in Lhe pipe and the pipe Segment Must b�ciean appears tobe eni at 9.80' from q-3 R. This must be removed, TA from CB�14B,whfc ives Bri incomplete vlew of(he pipe.Once the p 1pe is cleaned out and paired,another video e pipe scgment must be At 4441 t re Is a bolt at the joint, this settion must be removed/ laced and Wevised by Arcb. The ' eo provided to TAI was underwater during filming, is segment ere is mud nnd debris in the pipe.This se menu must bt�cleaned an4 Mc Wf P.ru oIEks�m Westford S�CvislQa- 3 Re-+devisraSeorr ' miJ Fe�r�xy 1,7D1 I Pn�Snt$ iryon hm any quz fmas ac ncerns,PIMM cod=me 587 0470. Sincerely, - TROWER CIATES,INC- Lenard B,Lynn c� Mr.Ronald Rudd. of Elgin Mr.Lawiernce tlmami,Hinshaw Calhtmmn,LLP Mr.Steve cn muer,Cmlfm Sp arla&F. vt i LLC Xir.laak tttphy,Cashin Spinelli&Feavd.LLC W a Ciesllca,T mu=and Associaus,lnc. Supp)cmrnral Conditions SCOPE,Thew Conditions amend or sappicmcnt the lasurasre Requirements and otlur provislons of the CODE= Documents as i 4mied hatin. Al(provisions which are nat so amended orsupplcmotlfed rattan in full farce and ct7cct. F=b policy must list the City to an edditimsal marred. The Contractor mid all Subcontracmrs waive Mbtogetion rights against the City forall losses. Such iMUMce shall apply as printery inSUm=stlth respect to any other insurance or stff insurance progmm efi'orded to the City of F3gin,Thae shall bt an endorsement or modification of such insurance to make it cx=s over other available itrsurartm=0 sltcmaiNcly,ifthe insurance starts that it is ,me:ss or pro rota it shop be endorsed to be primary whh tnspeet in the City or&(gin. The insurance required.hall Include all major division of covaagc and shrill bean a tvtrpmhenslve getrral ba_ris inclvd'sng Premise acrd Oporoirons(lrrcitttimg X-C-L'},t'roduets end CumplettRi!?perulicru and Owrttti;Non-owocd, Leased,and faired Motor Vthlclet.Such insurance shall be-4611rn for ant less than any limits of tiabifity mquitad fry levy ur lho following limits,whichever are gr=cr, Commercial Liability Galan[Aggregate Sib Million 'Nraducti'Caritplctrd Opccatians:.::.....:....:., ... A e 6v millibn.::::.:. .:. Personal Injury and Advcrtising Limit S1 Millfun - F.achdctatrrcncc St Wiflon Auiomotivc•for all owned,non-named,hired and iea<ed vehicles Combined single limit Si Mitfrno or 13atfty injury- etch person b5tI0,Ct00 each acvidwit Sl Million Properly damage tech Occurrutce St Million tlmbrulla Combined single iimh V.Mliliun Gencrul aggrzgele M.Mtiltivn NVorker's Compensation Statwory Si Million Btnp)oyar'z Liability 5100,001) Builder's Risk S N/!N The Conora=rimy purchase and maintain execs 113bility irrrrancr in the umbrella fain in order to sstisfy the limits of liability required for the insurance To be pV f;Jwed and maintained in accordance with the requirements sa forth obove. Any such amounts must be in addition to the umbrella limas required,must list all underlying policies, and must list the City as an edditianal insured..Evidwce ol'such excess tiabi(i(y shad be celitcmd to the City in the same form and nrunner m stir required insvrnnccpolieics, The City rcwn'es the right,of its sole discrctian,to amend the ltsanrce rcrvimmmtu contaiaal herein. ;lit insurance shell be syriacn on are omrrrm=basis,anlw the City appratrs in writing easvago on a claims-made b.Ms. Coverages whetherw6nett nn an occu=m or cla ns•made basis shall be maintained without interruption frurn the date ofcammcrrceatetrt ornc�1Vurk soli)the dare nF firtrJ payment-nd rcrminatinn of eny wvcraga required Lo be maintained attar crud�ymrnt. .' Certificates orfmurance acceptable to the City and'coafirming the insttraace coverage r(Avired 11cmin am atracbed to the Contrut.The City shall have no obligation to exetuse the Contract and may award sire Contract to Lire next fewest responsible and responsive bidder,ifsuch insumnee certifieales irovt not been prvvidW to the City within rive (5)business dnys after presentation of the contract to the Contractor for execution. The Comraciorshsll fumish to the City tropics ofany endorsam"that are subsequently issued amending limits of W PCrage. Exhibit 3 + + CE Fuertes Systems Landscaping,Inc.,hereby affirms that the attached page is Page 7 of its Contract Completion Agreement,Waterford Subdivision—Neighborhood 3,with the City of Elgin M nois and Arch Insurance Company, and agrees to be bound thereby. This affirmance is made under seal. ATTEST: Fu stems dscaping Inc_