11-155 t
Resolution No. 11-155
RESOLUTION
RATIFYING THE EXECUTION OF A CONTRACT COMPLETION AGREEMENT
WITH ARCH INSURANCE COMPANY AND VERUNA LLC 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 Veruna LLC 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
C4NTRACT CQm;unoN AGREEMENT
WATERFORD SUBDIVISION-NEIGHBORHOOD 3
This Contract Completion Agreement for Neighborhood 3 in the Waterford Subdivision,
Elgin, Illinois (the"N3 Completion Agreement"or"Agroemeni") is mada and entered into this
17th day of__ _August 2011,by and between the City of Elgin,Illinois.(`Elnrn");.Arch -
Insurance Company ("Arch"), and �� (the
"N3 Contractor"}.
R E C I T A L S
WHEREAS,Kimball Hill Homes,Inc.("Kimball Rill")undertook to develop certain real
Property in Elgin, Illinois (`Elgin"), commonly known as the Waterford Subdivision, which
Waterford Subdivision is divided into?neighborhoods for the purpose of development,,
Wt31REAS, to secure the construction of certain improvements in the Waterford
Subdivision, Kimball HiH procured and delivered to Elgin the following performance bond
issued by Arch,as surety: .Bond No.SUS019730 dated Mamh 10,2001 in the original amount
i
of$1,437,0!3.36,which amount Avas subsequently reduced to$617,319.20 on January 30,2008,
and is subject to being firther reduced,pertaining to certain improvements in Heighborhood 3 of
I
the Waterford Subdivision(the"N3 Bond`);
WHEREAS,on or about April 23,2008,Kimball Full filed a voluntary petition for relief
i
under Chapter I l of the United States Bankruptcy Code in the United States Bankruptcy Court
i
for the Northern District of Illinois,Eastern Division,as Case No,08-10095;
i
'Y'W-REAS. Elgin has notified Arch that Kimball Hill was in default of its bonded
obligations and made a demand upon the N3 Bond(the"NO Bond");
Exhibit E
WEfEREAS, 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 punchiist prepared by
Trotter and Associates,Inc.,dated Revised 623/11 which is attached hereto as Exhibit I (the
"N3 Punchlist");
MTEREAS,the N3 Contractor has examined the�13 Punchlist;the site of the Work to be
performed;the relevant plans and specifications;the Elgin Municipal Code and the requirements
thereunder; and is familiar with the procedures required by Elgin for the completion and
acceptance of the public improvements which are the subject of the N3 Punchlist;and
WFIEREAS, the N3 Conttactor has agreed to complete the N3 Punchlist in accordance
with the terms and conditions set forth herein.
A G R E E K E N T
NOW,THEREFORE,in consideration of the promises and covenants contained herein,
including the above-stated Recitals which are incorporated herein by reference, and for other
good and valuable consideration,the receipt and adequacy of which are hereby acknowledged,
Elgin,Arch and the N3 Contractor agree as follows;
I. The N3 Contractor agrees to perform the work and supply the necessary materials
to complete the N3 Punchlist and the public improvements in Waterfo 1 leighborhoo 3 which
L 2 C 1AIS7,f 1:L 70PS9/t- 5'CFEO e 91,,VA1iCC'7
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 06,17/03 and Iasi
f
revised October 7,2005,(hereinafter referred to as the"N3 Punchlisi Work"). [IF MORE THAN
ONE N3 CONTRACTOR AND MORE THAN ONE COMPL£•17ON AGREEMENT,MODIFY +�
I
PREVIOUS SENTENCE TO REFLECT'WHAT PORTION OF THE N3 PUNCI UST WILL
2 i
t
i
BE COMPLETED BY THE N3 CONTRACTOR WHICH IS A PARTY TO THIS
PARTICULAR COMPLIMON AGREEMENT.] The 1,,T3 Punchl'tst Mork shalt also be
performed in accordance with the Elgin Municipal Code, applicable regulations adopted by
Elgin's engineering department including standard details, general notes and engineering and
construction standards and specifications, and all other applicable requirements of law. The
Standard General Conditions of the Construction Contract prepared by the Engineers Joint
Contract Documents Committee, 1996 edition,shall apply to this Agreement and to the work to
be performed pursuant to this Agreement {the "General Conditions'. In the event of any
conflict between the terms of this Agreement, and the terms of such General Conditions, the
terns of this Agreement shall supersede and control.
<. Elgin shall pay to the N3 Contractor the sum of 0. For
completing the N3 Punchlist Work, which payments shall be made in accordance with the
General Conditions. Arch shall pay this sum to Elgin upon execution of this N3 Completion
Agreement,which Elgin shall use to pay the N3 Contractor for the N3 Punchlist Work. To the
extent the penal limit of the N3 Bond exceeds this payment,the difference shall be available to
pay for repair of anyAdditional Stonn Sewer 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 result of the Additional Storm Sewer Defects idcntificd in Paragraph 4
hereof,Elgin shall reduce the amount of the repairs for the Additional Storm Sewer 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 theAdditionai Storm Sewer
Defects.
-3-
V
t - ,
3. The N3 Contractor shall warrant all of its work performed ptnsuant to the
M Completion Agreement(the"N')Warranty Work')for a period of one year from the date of
Substantial Completion, as reasonably determined by Elgin's Engineers. For the purposes of
clarification,and not as a lintitation on the N3 Contractor's warranty, claims which are covered
and may be made by the City during the one year warmnly period include,but are not limited ro,
claims for the failure of grass in restored areas or the failure.of.other landscaping installed by the
N3 Contractor.
4. The N3 Contractor responsible for sewers agrces to televise the portion of the
storm sewers that had not been previously filmed, as identified in the letter dated February 1,
2011 from Trotter&Associates,which is attached hereto as Exhibit 2. The N3 Contractor shall
provide to Elgin's Development Engineer the video of such televising for the Elgin Development
fingineer's determination as to whether any additional defects are identified from the televising
which require: additional repair. (the "Additional Storm Sewer Defecw';). The N3 Contractor
shall repair such Additional Storm Sewer Defects as directed by the Elgin Development
Engineer, The N3 Contractor shall notify Arch of any Additionat Stonn Sewer Defects prior to
performing the repairs. Arch and the N3 Contractor shall agree on the amount of compensation
to repair the Additional Storm Sewer Defects, and Arch shall pay the tnnount to the N3
Contractor n4thin thirty(30)days after Elgin approves the repairs of the Additional Storm Sewer
Defects by the N3 Contractor. Elgin shall have no responsibility for paying for the repair of any
Additional Storm Sewer Defects unless and until the penal limit of the N3 Bond is reached as
described in Paragraph thereof.
-4-
S. The N3 Contractor shall complete all of the work and improvements set Forth in
the N1 Punchlist and that the repairs of the Additional Storm Sewer Defects in nccordance with
the following procedures:
A. When the t13 Contractor has substwitially completed the work, it shall deliver the
hollowing to Elgin's Engineers: as-built drawings of its work signed and sealed
by an authorized professional engineer: storm sewer television testing results for
repaired stowi sewersections;and a letter f om Manhiud Congulting as the design
engineer (or such other engineer as is acceptable to E)gin) stating that all N3
Punchlist work has been completed in accordance witli the approved plans and
specifications.
B. Elgin's Engineers will conduct a field review of the N3 Punchlisi Work to identify
any deficiencies or uncompleted items of work. These items, together with all
deficiencies discovered upon a review of the above described as-built drawings or
sewer tapes, will be compiled into a punchh(a letter and forwarded to the
N3 Contractor for completi on or correction.
C. When the N3 Contractor corrects any deficiencies and completes all the work,
Elg n's Engineers shall review the completed work,which work will be approved
if it is completed in accordance with Ow engineering plans and ordinances. I
deficiencies remain,those will be identified.
D. After Elgin's Engineers have reviewed and appmved the N3 Contractor's
submitted as-built drawings, the N3 Cowmetor must suhmil.is-built drawings in
electronic fornint along with mylar copies 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. Tice N3 Contractor shall commence the work to be performed pursuant to this
Agreement no later than thirty(30)days of the entry inlo.this Agreement. The N3 Contractor
shall substantially complete all of the N3 Pumblist Work ^ 9E_Rq 'R4 niso 4r: "FOR
WI-RCH IT IS ROPONSIBLE PURSUANT TO THIS AGREEN ENT"I
M3 C.GhgRA by October IS, 2011; and shall achieve final
completion and acceptance by November 30,2011. It is agreed and understood that the N3
Contractors) responsible for the restoration of disturbed areas or the installation of other
landscaping as part of the work to be performed pursuant to this Agreement is requited to water
such restored areas or other landscaping as is necessary until the grass or other landscaping is
viable. It is agreed that the further watering of restored areas or other landscaping to establish
viability of grass or other landscaping shall in and of itself not preclude the determination of filial
compledon provided,however,the N3 Contractor shall nonetheless continuo with such ffinher
watering until the viability of the grass in restored areas or other landscaping is cctaablished. In
the event of any conflict between these dates and dates elsewhere in the documents referred to in
this Agreement,these dates shall prevail. Tune is of the essence of this Agreement.
7. It is agreed that as reasonable liquidated damages for delay(but not as a penalty),
4&SCN-r /ryY Lei�AU.y 5i-li,�Flcl6xly- JVJrjP(V1,oN o/�
the N3 Contractor shall pay Elgin $200 for each day beyond the time specified for Substantial /
Completion. After Substantial Completion, if the N3 Contractor shall neglect,refuse or fail to
complete the remaining work within the tune specified in this Agreement(hereinafter referred to
as the"Agreement Tunes")or any proper extension thereof granted by Elgin,the N3 Contractor
shalt pay Elgin$200 for each day-beyond the time for final completion. In the event more than
-6-
one N3 Contractor is retained to complete the N3 Punch(ist Work, each N3 Contractor's daily
liquidated damages shall be determined by multiplying(he contract percentage of the total N3
Punchlist Work by 5200. This calculation shall be made at the time of contracting and reflected
V V£g vtIA 4f L—A. RhIOVrJT W17-t, OE 57. LS
on the N3 Punchlist for each N3 CoruractOL The N3 Contractor agrees and acknowledges that C R V 6,1
such liquidated damages constitute s reasonable estimate of b1gin's actual damages. Such
liquidated damages shall constitute Elgin's sole recourse for and shall constitute full satisfaction
of Elgin's actual damages resulting from the N3 Contractor's delay. The N3 Contractor further
acknowledges and agrees that in the event any provisions in any of the other documents referred
to in this Agreement conflict with the provisions of this paragraph or otherwise provide for
damages resulting from the N3 Contractor's delay,the provisions of this paragraph shall contmi,
and such conflicting provisions in any other documents referred to in this Ag eemont shall not
constitute, and shall not be construed as, a basis by which to render the provisions of this
paragraph unenforceable.
8. In the event the N3 Contractor is delayed in the prosecution and completion ofthe
work to be performed pursuant to this Agreement or achievement of any of the Agreement Times
because of any delays caused by Elgin or the Engineer or other causes beyond the control of the
1Nr3 Contractor,the N3 Contractor shall have ao claim against Elgin or(he Engineer for damages
or contract adjustment other than an extension of the Agreement Tunas as provided herein and
the waiving of liquidated damages during the period occasioned by the delay.
9. Elgin shall make payment on the basis of the N3 Contractor's application for
payment as recommended by the Engineer, in conformance N61h the City of Elgin's accounts
payable schedule. All payments should be based upon the progress of the work measured by the
schedules provided in the agreement documents. Notwithsltnding anything to the contrary in
_7_
1
1V
1
any other documents referred to in this Agreement. Elgin shall be entitled to withhold any
payments pending the submission of partial or full waivers of lien anchor certificates verifying
the receipt of payment for all work performed by sll 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 io make such payments directly to.anv subcontractor as may be necessary to obtain
such lien waivers anchor certifications. 'in the event Elgin makes any such payments directly to
any subcontractors,the amount of such payment shall be deducted from the total amount due the
N3 Contractor pursuant rq this Agreement,and the Na Contraotor shall provide a written release
to Elgin in the amount of any such payments upon ten days written.demand. Concurrent with all
applications for payment,the N3 Contractor shall provide Figin with a sworn certification of all
work performed by all subcontractors and the amounts paid to all subcoutractors as of the date of
application.
10. Elgin may withhold, from all payments prior to Substantial Completion, an
amount equal it) ten percent (10%) of work completed, at Elgin's sole discretion, Upon
Substantial Completion, Elgin may release a portion of the retainige to the N3 Contractor,
retaining at all times an amount sufficient to cover the costs of the work remaining to be
completed,at Elgin's sole discretion, Payment of any retainage from Elgin to the N3 Contractor
shall not be unreasonably withheld. Elgin shall not be required to make final payment prior to
completion and acceptanoc.of all of tho work by Elgin.
11. The N3 Contractor shall provide to )Agin a Performance Boud and a Payment
Bond, each in the a:nocmt of the N3 Completion Payment, Mill respect to the work under the
N3 Completion Agreement, which hands shall be issued by a surety eccep*able to Elgin
(collectively the"N3 Completion Bonds"). The scope of coverage under N3 Completion Bonds
shalt also extend to the N3 Warranty Work.
12. The N3 Contractor shall also provide to Elgin the insurance as described if'. the
supplemental conditions which is attached hereto as E=xhibit 3 (the"Supplemental Conditions").
The N3 Contractor agrees that-any third-party claims;against the N3.Contractor and/or Elgin
shall be properly farwarded by the N3 Contractor to the l\'3 Contractor's insurance company for
the appropriate resolution of said claims. U»resolrcd claims may affect/delay Final payment
hereunder.
13. The N3 Contractor shall take all necessary precautions R-Ir the protection of public
and private property. This shall include tine location 2nd identification n[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 manner dr metbod of execution or
non-execution of the work, or caused by defective work or The use of unsatisfactory ntat&ials
and such responsibility shall net be released until the work has been completed and accepted and
the requirements of these specifications complied with, Whenever public or private property is
so damaged or destroyed, the N3 Contractor shall, at its expense, restore such property to a
condition equal to that which existed prior to such damage or injury by repairing, rebuildin;or
replacing it as may be directed,or it shall otherwise make good such damage or destruction in an
acceptable manner. if the iN3 Contractor fail,to do;o, Elgin vAll withhold any payouts toward
completed work until arrangements are made to correct any damage as described below.
14. The N3 Contractor shall comply tiMh the Illinois Prevailing'Wage Act, 820 ILCS
130/0.01, el seq., including, but not limited To, paying the prevailing wage as mquired therein
and complain]all necessary documentation and reposing,requirements.
L
15. Notwithstanding any other provision of this N3 Completion Agreement, it is
expressly agreed and understood that the N3 Contractor shall comply with all applicable Federal,
State, City and other requirements of law, including, but not limited to, any applicable
requirements regarding prevailing wages, minimum -,wage. workplaoc safety and legal status of
employees, N3 Contractor shall also at its expense secure 111 permits and licenses, pay all
charges and fees and give all notices necessary and incident to the due and law fi,l prosecution of
the work,and/or the products and/or services to be provided for in this Agreement.
16. The N3 Contractor represents it has made a reasonable inspection of the
construction site and hereby voluntarily waives the incorporation of the provisions of 30 tLCS
557/1 ef seq. and represents that the negotiated contract price is the sole consideration for the
construction of the improvements described in this Completion Contract. Further,Elgin shall not
be liable to the N3 Contractor for any amoum of money over the negotiated contract price unless
upon a du)y executed change order prior to the work performed by the N3 Contractor.
17. The N3 Contractor shall be responsible !or the proper handling and disposal of
any construction or demolition debris removed from the construction site in accordance with
Public Act 90-761, and other applicable requirements of law. "lire cost of the documentation,
handling or disposal of any such construction or demolition debris shall be the responsibility of
the N3 Contractor,which amount shall be included in the contract atnount stated in Paragraph 2
above. Without limiting the .foregoing, the N3 Contractor shall not conduct any generation,
transportation or recycling of construction or demolition debris, clean or general or
uncontaminated soil generated during constmotion_ remodeling, repair, and demolition of
utilities, structures, and roads that is not corning.led with any waste,without ti)c maintenance of
doctuemation identifying the hauler,generator,place of origin of the debris or soil, the weight
or volume of the debris or suit, and the location, owner and operator of rite facility where the
debris or soil was transferred, disposed, recycled or treated. This documentation must he
maintained by the N3 Contractor for three years,
18. The terms of this agreement shall be severable. In the event any of the terms or
provisions of this agreement are deemed to be void or othorzvise unenforcc:nble for any reasons,
the remainder oFthis agreement shall retrain in full force and cfFcct,
14. This agreement shall not be construed so as to create a partnership,joint venture,
employment or other agency relationship between parties.
20. This agreement shall be subject to and governed by the laws of the State, of
Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to
this agreement shall be in the Cimuit Court of Kane County:Illinois.
21. No official, dk-ector,agent or employee of any party shall be charged personally
or held contractually liable under any term or provision; of this Agreement because of their
execution,approval or attempted execution of this Agreement.
22. In all hiring or employment made possible or resulting from this Agreement,there
shalt be no discrimination against any employbe or applicant for employment because of sex,
age, race, color, creed, national origin, marital status, or the presence of any disability, unless
based upon a bona fide occupational qualification. This requirement shall apply, but riot be
limited to: Employment advertising, layoff or termination, rates of pay or other forms of
compensation and selection for training,including apprenticeship. No person shall be denied or
subjected to discrimination in receipt of the benefit of any services or activities made possible by
or resulting from this agreement on the grounds of sex, race,color, creed.national origin, age
except minimum age trod retirement provisions,marital status or the presence of any disability.
- I1 ,
Any violation of this provision shall be considered a violation of a material provision of this
Agreement and shall be grounds for cancellation, termination or suspension,in whole or in part,
of theAgreement by Elgin.
23. To the fullest extent permitted by lay. the t\'•3 Connetor agrees to and shall
indemnify, defend and hold harmless Elgin, the Engineer, Engineer's consultants and the . .
officers,employees, boards and commissions of each and tuty of them from and against any and
MI claims,suits,judgments,costs,attomeys�fees,damages or any and all other relief or liability
arising out of or resulting from or through, or alleged to arise out of, any negligent acts or
omissions of N3 Contractor or N3 Contractor's officers,employees, agents at subcontractors in
the performance of this Agreement,or arising out of or in connection with litigation bused on any
mechanic's lien or other claims,suits,judgments and/or demands for damages by subcontractors.
In the event of any action against Elgin, its officers,employees,agents, boards or commissions
covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be
defended by iegsl counsel Elgin's choosing. in the event and to the extent that any legal wort;is
performed by Elgin's in-house legal counsel pursuant to the provisions of this section,Elgin shall
be reimbursed by N3 Conbactor for such legal work at the rate of 5200 per hour,which rate N3
Contractor hereby agrees and acknowledges to be a reasonable rate for such in-house attorneys'
fees. The provisions of this paragraph shall survive any expiration and/or termination of this
A6-eemeni.
2C 1f more than one N3 Contractor is used,suoh amangcment wilt be reflected on the
N3 Punchlist to be attached to each of the contract completion agreements with each respective
N3 Contractor. In such instance, all N3 Contractors shall fully coordinate in die scheduling and
12-
performance of the work;provided,however,each N3 Contractor shall he solely responsible for
its own work and no N3 Contractor shall be responsible for the work of another N3 Contractor.
25. This Agreement and each and every portion thereof shall be binding upon the
successors and the assigns of the parties hereto;provided; however:that no assignment shall be
made without the prior written consent of the other panics.
26. The N3 Contractor shall also complete at the time of the execution of this
Agreement additional agreement documents to include the City of Elgin, Illinois, cer fication
requirements; City of Elgin, Illinois bidder's employee utilization form; City of Elgin, Illinois,
equal employment written commitment guidelines; City of Elgin, Illinois sexual harassment-
policies and programs; City of Elgin, Illinois ittrlcolltisiorldebarment/prcvailing wage/legal
status of employees affidavit.
Any notice given under this Agreement shall be in writing and shalt be deemed to have
been given when hand-delivered or deposited in the tl.S. mail, certified or registered,
return receipt requested,postage pre-paid as follows:
As to the City of Elgin:
Ron Rudd,City Development Frigineer
1900 Holmes Road
Elgin, Illinois 60123
Telephone: (847)931-6031
E-mail: rudd_r @cityofelgin.org
With a copy to:
tiVi IIiamA.Cogley,Corporation Counsel
City of Elgin
150 Dexter Court
Elgin,Illinois 60120
Telephone: (847)931.5659
Email: eagley_w@cityofelgin.org
-13-
As to Arch Insurance;
�Y11 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: wpeamc:@ttrchinsurance.com
Wish a Copy to:
Joel X Page,Jr.
Leo&Weber,P.C.
One N.LaSalle Street-
Suite 3600
Chicago,IL 60602
Telephone: (312)857,0910
E-mail: jpage @)eoweber.eom
As to the N3 Contractor:
�t
el �o 3ol�c��t3�
27. As a condition of this Agreement, die N3 Cotttractoz shall havt in place a written
substance abuse program which meets or exceeds the program requirements in the Substance
Abuse Prevention Public Works Act at 820 ILCS 265/1 et seq. A copy of such policy shall be
proNdded to Elgin's Development Engineer prior to the entry and execution of this Agreement
28. Notwithstanding anything to the contrary in this Agreement, with the sole
exception ofthe monies F,lgin bas agreed to nay to the N3 Contractor ptu:-,unnl to Paragraph 2
hereof, no action shall he commcnced 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 entitles, and any of their
-14- ��
successors and/or assigns against Arch. 'the provisions of This paragraph shall survive any
expiration,completion and/or termination of ibis Agreement.
29, This Agreement is and shall be deemed and construed to be a joint and collective
work product of Elgin, Arch and the h13 Contractor and, as such, this Agreement shall not be
construed against any party, as the otherwise ptuported drafter of same, by any court of
competent jurisdiction in order to resolve any inconsistency,ambiguity, vagueness or conflict,if
any,of the terns and provisions contained herein.
30, The N3 Contractor hereby waives any and all claims to interest on money claimed
to be due pursuant to this Ageeraent,and waives any and all ribhts to interest which it claims it
may otherwise be entitled pursuant to law, including, bnt not limited to, the local government
Prompt Payment Act,as amended(5011M 50/1,e!seq.)or the Illinois Interest Act,as amended
(8 15 ILCS 20511,et seq.).
31, it is agreed and understood that the provisions of the Public Construction Contract
Act(30 ILC3 557/1 et seq.)as amended, shall not apply to this Agreement or the work to be
performed by the N3 Contractor pursuant to this Agreement. No claim wbatsoever shall be
allowed to the N3 Contractor for changes, extra work.or material not included in the payment to
.the N3 Contractor as provided for in Paragraph 2 hereof, based upon a claim relating to
subsurface or Intent physical conditions, or unknown physical conditions at the site. Tito N3
Contractor shall be responsible for making a careful examination of the site of proposed work,
the contract documents,the specifications, general conditions,p!ans,special pro-Asions,contract
forms and the N3 Punchlist prior to entering into this Agreemenr. 'Phe N3 Contractor is
responsible for fitlly informing itself as to the quality and quantity ol-mriterials required and the
15-
character of work to be performed, including, but not limited to, any nmatters relating to
subsurface or latent physical conditions, or unknown physical conditions of the site. The N3
Contractor shall firrther make an investigation of fltc site prior to entering into this Agreement.
32. '17his Agreement,the documents it incorporates and its auachtnenis constitutes the
cadre Agreetent baween Elgin and the Ara Contractor on the subject matter hereof and may not
be changed, modified, disehatoed or extended except by Mitten amendment fully executed by
the parties. Elgin and the N3 Contractor agree that no representations or warranties shall be
binding upon the other party unless expressed in writing herein or in a duly executed amendment
hereof,or change order as herein provided
33. it is understood that this Agreement may be executed in counterparts by the
parties hereto,and that electronically transmitted signllwres shall have the same legal effort as
original sigrintures.
M WITNESS WHEREOF,the undersigned have placed their signatures this 17 th.day of
August 2011.
ATTEST: CI'i'Y OF Its,
Its 't its May-r
ARCtl INSUTANCK MPAT3Y
By:- By:._
N±CON RACTOR
I �t
lay� � t�.�---� By: .21 r3�.d ve
Its A6- eo
F:11.eg�l Uept4�grxrnerrrC:tlnotcirar,ip{•Arch Irsurrurc:•i±3�kaa•4•'.�•1 i.dc,;
i
Ib-
{
1
t
A NT
nd Q �
'ASSOCIATES,t4C.
ENGINEERS AND SURVEYORS
Waterford Neighborhood 3 Scope of Work
Revised:6123/11
Listed below are the items that the Contractor must complete prior to the acceptance of the
subdivision.improvements.Please refer to the Proposed Improvement Plans prepared by
Manhard Consulting LTD,Inc.dated June 17,2003 with the latest revision date of October 7,
2005,Preliminary Landscape Platt prepared by Jen Land Design dated July 19,2002,and Park
Plan prepared by Gary R.Weber Associates,Inc,dated October 4,2004 with the latest revision
date of August 1,2006.
1. Record Drawings
1. Once the final asphalt surface is installed on the roadways, the contractor must
provide as-built center line elevations to the City for review snd approval. The
as-built information must be showrdineorporuted into the Waterford Subdivision
Record Drawing Plans prepared by Manhard Consulting.
R. Soil and Erosion Control
Y I, Silt fence shall be removed on both sides of lot 184 and ffic orenge construction
fencing shall be removed from along lots 131 and 132.
2. Inlet filter protection is only required on the 11o9owing inleTEC13-3-1 C, DH-3-113;
DB 3-2IC;L'$-3-21C and C13-3-20A,
3. All areas disturbed by the contractor must be restored utilizing iopsoil/seed and
blanket. if required,the contractor must water the restored areas until an adequate
mat of grass is established. .
QI. Grading and Drainage
I. Tho following undeveloped lots must have 4"of topsoil installed in the right-of-
way(ROW)and graded for positive drainage between the curb and sidewalk(to
be installed by contractor). Class IA seed, fenitilizer and blanket must be
installed in the ROW for undeveloped lots: 125, 131, 143, 144, 151, 152, 153,
1:58, 164, 165, 166, 167, 182, 183,and 185. The contractor also must install a
topsoil slope from the top of sidewalk to the right-of-way line on the undeveloped
lots. The topsoil slope must be stabilircd utilizing Class IA sued,fertilizer and
blanket
40W201 Wnsco Road Suite D- St.Charles,Illinois 60175 • Pboee 630M7-0470 • Fay,6301587-047S
EXHIBIT 1
t
Page 2 or 17
2. Contractor must re-grade a portion of the baseball Field to correct the drainage
issue 1r, the infield area. All disturbed areas must be resTored utilizing topsoil,
Class I seed,fertilizer?nd blanket.
V, Landscaping
The following addresses have trees that are dead or dying and must be replaced.
1. 603 Wexford Ct.(Remove/Replace red maple tree)
2. 2892 Killarney Dr.(Remove/Replacc red maple tree)
3. 2972 Shamrock Circle (Remove red maple next to driveway, removelreplace 3
red maples on Waterford Dr side)
4. 2976 Shamrock Circle(Remove/Replace sycamore tree)
5. 2994 Shamrock Circle(Removc/Replace sycamore tree)
6. The following undeveloped lots do not have trees installed; Lots: 125, I31, 143,
144, 151, 152, 153, 158, 164, 165, 166, 16?, 142, 193,and 185.The 29 missing
shade trees on these lots most be installed as per approved engineoring drawings
and landscaping plans (Jen Land Design Plan dated July 19, 2002) and the
disturbed areas restored with topsoil and seed.
7. The baseball park does not have all landscaping installed as per approved
engineering drawings landscaping pions. 71ie developer must install 29 shade
trees, 19 omamcntal trees and 3 evergreens per the Jen band Design Plan dated
July 19,2001
8, The'improvements to Central Para:are roi complete. Complete the improvements
in accordance with the"Park Plan for Waterford"(prepared by Gary Weber and
Associates,dated October 4,2004)as stet ui on Sbect 6 of the uigincering plans.
Listed below are the items remaining to be constructed or to be repalred.
D13 OnrludIng 2—A?
C. Stipp nd install the following playgmurrd pmenf: 2 Saddlemate
Minibikes; dlemate Pony; I Linear i I little Climb and Slide;2
Primetime S*ing w . Swing;and 1 Ray Swing w/Enclosed Tot Seat
d. Supply and install the 3 H t Picnic Tables located in die southeast
corner of the park.
c. There are ral sections of brokca sidewalk i ust•be removed and
rep) approx. 125 SP),
ihoffii3siiig
g. Remove/Rep]ace the dead Swamp Dek.
h. Remove/Replace the"extremely bent"Burr Oak.
i. Straighten the leaning Burr Oak by staking,
tS1FtLEStCOt1('O[mi•lAt[wrapotAeMel20!i-nS���N?Scv,c or\4ork Feviad a-2l-I i,aeea .
s
i
J
Page 3 of 17
Supply and imiall thei missing Qeetmi Psfk 9:p by',he
---i;`i9-t�73�f;•iAAr
9. The tennis court landscaping area has I dead Miss Kim lilac that must be
removed and replaced.
V1. Sanitary Sewer Improvements&Appurtenances
Sanitary sewer'improvements were reviewed for compliance with the approved
subdivision improvement plans, the Standard Specifications for Witter and Sewer
Main Construction in Illinois,and the City Code.
1. SMH-3E The manhole has debris in the structure and musi be cleaned.
2. SMH-3! The manhole is not adjusted to the proper elevation, It must be
adjusted to match the surrounding grade,resealed and tested.
3, SMH-3L Ti3e manhole has debris in the structure and must be cleaned.
4. SMH-3Q The manhole has a tom chimney seal and must be replaced and
tested,
5. SbIH-3"f The manhole has a leaking chimney seal. Replace the chimney
seal and test.
6. The following locations on Waterford Drive do not have nn"S"inscribed into the
concrete curb: Lots 182, 183, 185 and address 570. Inscribe an "S" into the
concrete curb in front of the sewer service location.
7. The undeveloped lots 125, 131,143, 144, 151,152. 153, 158, 164, 165, 166, 167,
182, 183,and 185 must have the 4"x 4"witness pasts installed at the termination
of the sanitary service. The posts must be painted red and extend at least 36"
above the ground.
VII. Storm Sewer Improvements&.Appurtenances
Storm sewer improvements were reviewed for compliance wish the approved
subdivision improvement plans, the Standard Specifications for Water and Sewer
Main Construction in Illinois,and the City Code.
1. All repaired storm sewer defects and corrective work shall be completed and re-
tclevised(if required)prior to City review and approval.
2. MH-3-1 I The manhole has debris in the structtue and must be cleaned.
3. MR-3-10 The manhole and inlet basket have debris in them and must be
cleaned out and the inlet basket removed.
4. C13-3-10A The catch.basin and inlet basket have debris in tltcm and must be
cleaned out and the inlet basket removed,
5. lvllf-3-9 The manhole has debris in the structure and must be cleaned.The
bottom of the manhole Is broken and must be reoaired. j
1
6. MI-1-3-3 The manhole hus the :yang lid and the correct lid must be '.
installed. The manhole has debris in the structure and must be
H:1Fria'tCOL.COI:W I-3A1Con=pc„da:m'-1011-'15-02 trr3 3 Sco-,.e of Wc&Re isrd 52)-l:.dw;
i
i
,
Page 4 of 17
cieflned. The manhole frame is offset and must be realigned and
the rings adjusted,accordingly.
7. MH-3-7 The manhole has debris in the structure and must be cleaned.The
steps in the manhole structure are offset and must be removed,
realigned and reinstalled.
S. CB-3.7A The c,iteh basin has debris in tho stn!cturc and must be cleaned,
9. CB-3.7F The catch basin has debris in the structure and must he cleaned.
10.MH-3-6 'The manhole frame`is offset and-must be realigned and the rings
adjusted, accordingly. The manhole has the wrong lid and the
correct lid must be installed.
11.CB-3.24A The catch basin frame and rings were not mortared and must be
mortared.
12.MH-3-23 The manhole rim is ut the wrong elevation and must be adjusted to
match the surrounding gradc.
13.CB-3-23A The catch basin frame and rings were not mortared and must be
mortared.
14. CB-3-238 The catch basin frame and rings were not mortared and must be
mortared.
15.CB-3-22A The catch basin and inlet basket have debris in them and must be
cleaned out and the inlet basket removed.
16.CB-3-22B The catch basin and inlet basket have debris in theta and trust be
cleaned out and the inlet basket removed.
17.CB-3-22C The catch basin and inlea basket have debris in them and must be
cleaned out and the inlet basket removed.
IS. MH-3-25 The manhole rim is at the wrong etavatlon and must be adjusted to
match the surrounding grade.
19.CB-3-25D The catch basin frame is offset and must be adjusted,The curb box
on the catch basin is damaged and must be replaced.
20.M14,3.16 The manhole frame and rings are ot'3seT and must be realigned and
the rings adjusted,accordingly.
21.MH-3-17 The manhole frame and rings are offset and must be realigned and
the rings adjusted,accordingly.
22.Cif-3-)A The catch basin and inlet basket have debris in them and must be
cleaned out and the Lnlet basket rcJnoved.
23.CB-3-IB The catch basin and inlet basket have debris in them and must be
cleaned out and the inlet basket removed.
24. CB-3-2A The catch basin and inlet basket have debris in them and must be
cleaned out and the inlet basket removed.
H.1FILFSka)E�CO.;M!-.IAICMIZerX d==UO!1-0"2NK3Scopoof fro RveiWG-23-11.das
Page 5 of 17
25,CB-3-2B Titc catch basin and inlet basket have debris in them and must be
cleaned out and the inlet basket removed.
26. CB-3-25A The catch basin has debris in it and most be cleaned. The catch
basin is at the wrong elevation and must be adjusted to match the
surrounding grade.The structure is inaccessible due to a fence,The
contractor must removelnploce s section of the fence in order to
complete the work,
27. DB-3-6A The drain basin is offset and must be realigned accordingly. The
drain basin has debris in it and must be cleaned.
28. DB-3-21 C The filter fabric in the drain basin is damaged and must be removed
and replaced with an inlet filter basket.
29, CB-3-9A The catch basin is at the wrong elevation and mast be adjusted to
match the surrounding grade.
30.CS-3-8A The structure is inaccessible due to a fence.The contractor must
remove/replace a section of the fence in order to clean the
structure, contact the City for an inspection and repair any
deficiencies discovered.
3i.Mtl-3-12 The manhole is blocked off to the North and must be cleaned out.
32.DB-3-7E The drain basin is cracked and must be mpaired, The drain basin
has debris in it and must be cleaned.
33.CS-3-713 The catch basin has debris in it and must be cleaned.
34. CB-3-7C The catch basin has debris in it and must be cleaned.
35. CB-3-7D 1he catch basin has debris In it and must be cleaned.
36. D8-3.2D The mortar around the drain basin is damaged attd must be
repaired.
37,CB-3-2C The catch basin has debris in it and must be cleaned,
38.DB-3-1D The drain basin has debris in it and must be cleaned. A new inlet
filter basket must be installed.
39. CB-3-IC The aria around the catch basin is at the wrong elevation and must
be graded appropriately, The lifting rings on the catch basin are
still attached and must be removed-A new inlet filter basket must
be installed.
40.DB-3-21C The drain basin is offset and must be realigned accordingly.The
drain basin has debris in it and must be cleaned.
41.CB-3-21B The catch basin has debris in it and musi be cleaned. The filter
fabric in the catch basin is damaged and must be removed and
replaced with a new inlet filter basket.
42.CB-3-20A The catch basin has debris in it and most be uleaned. The filter
fabric in the catch basin k damaged and must be removed and
HARUS.CCc'COf,W i-3AWortupoadtrwU011-05J0 NH 3 ScoKarwmic kt�isc4b-?3-Il.dpcv -
qV
rage 6 of 17
replaced with a new inlet filter basket.The mortar around the catch.
basin is damaged and must be repaired,
43.CB--3-20B The catch basin has debris in it and must be cleaned.
44. DB-3-20C The drain basin has debris in it turd must be cleaned. The drain
basin is offset and must be realigned accordingly.
45.CB-3-19A The catch basin has debris in it and must be cleaned.
46.CB-3-18A The catch basin is offset and must be realigned accordingly.The
catch basin has debri'sin it and must be cleaned.
47.DB-3-170 The drain basin is locntcd within the fenced backyard of a
residence and must be cleaned and inspected.
48.CB-3.17C The pipes that run into tho catch basin are not mortared property
and must be repaired. The catch basin is offset and must be
realigned sccordingly.The catch basin has debris in it and must be
cleaned,
49,DB-340B The.drain basin has debris in it and must be cleaned.
50.DB-340C The drain basin has debris in it and must be cleaned. The drain
basin has the wrong lid and the correct lid must bo installed.
51.CB-3-40A The catch basin has debris in it and must be cleaned. The area
atvund the catch basin is at the wronn cicvotion and must be
graded appropriately.
52.The following suctions of storm sewer have deficiencies that mtm be repaired and
any disturbed areas restored with topsoil and seed.
a. MH 3 8 to CB-3-8A
There is a moderate offset in the pipe joint at 1 1.10' from ,M14-3-8_ This
segment must be grouted.There is it crack from 7 to 5 o'clock in the pipe
joint at 54.90' from MI-I-3-8.This must be mpaired by fining, There is a
service connection at II o'clock at 77.80' from iMI-1-3-8, and this
connection should be removed, the penetration repaired, and connection
made to the appropriate storm water structure " per the approved
engineering drawings,There is a service connection at 2 o'clock at 79.90'
tom MH-3-8, and this.connection should be removed, the penetration
repaired,and connection made to the appropriate storm water structure as
per the approved engineering drawings. Once these mpeirs are made, the
segment must be re-televised.
b. CB-34A to G13-3-713
The pipe is broken at 112,70' Turn CS-3-7A. This segment must be
removed and replaced,then re-televised.
e, ,MH-3-9 to CB-3-9A
}1:1FtLr��COF.;000�t-3A1Corre:coado>xl2(t11-05-02 Kit 3;can ar Wart Rrvind G-23-1 f.d,cz
Page 7 of 17
There is a service connection at 10 o'clock at 105.00' from MI.1-3-9,and
this connection should be removed, the penetration repaired, and
connection made to the appropriate storm water stntcture as per the
approved engineering drawings, Once this repair is made, the segment
most be re-televised.
d. MH-3-24 to CB-3-24A
There is a severe offset at the pipe joint at 2.00' from MH-3-24. This
scgmcnl must be removed and replaced them re-televised.
e. MH-3-24 to MH-3-23
The pipe is broken at 148.70' from MH-3-24. This segment must be
repaired by lining,then re-televised.
f, MH-3-23 to MH-3-22
The pipe is broken at 51.50'from MH-3-23.This must section be removed
and replaced,There is mud and debris in the pipe at 97.50'from MH-3-23.
This must be cleaned out and re-elevised. The. vidco provided to TAI
terminates at 100.00'from MB-3-23,which gives an incomplete view of
the pipe, Once the pipe is cleaned out and all repairs arc made, the
segment must be re-televised.
g. MH-3-16 toMH-3-15
the pipe is broken at 10.00' from h4H-3-16. This segment must be
repaired by lining,then re-televised.
It. CB-3-2B to CB-3-2C
The pipe is broken at 62.20' from CB-3-213. This segment must be
removed and replaced. There is a separation in the pipe joint at 69.50'
from CB-3-213.This segment must be groutM,Once all repairs are made,
the segment must be re-televised,
i MB-3-19 to CB-3-19A
The pipe is broken at the joint at 11.00' from MI-1.3-19. This segment
must be repaired by lining."mere is debris in the bottom of the pipe-11tis
segment muss be cleaned out. The video provided to TAI terminates at
28.20' from MH-3-19,which gives an.incomplete view of the pipe,Once
the pipe is cleaned out and all repairs are made; the segment must be ro-
icicviscd.
j, CB-3-17B to CB-3-17C
The pipe is broken at 97.60' from CB-3-178. This segment must be
removed and replaced. There is debris in the bottom of the pipe, This
segment must be cleaned out. "fhe video provided to TAI terminates at
100.10' from CB-3-17B, which gives an incomplete view of the pipe.
Unce.he pip-,is eleamed oui and all repairs ere made,the segment must be
re-televised.
H9flLCStCOF,C9E001.3A'Cerc$pWC2 tV.ei 1-0:-02 NH 3 Ser.WY-tak R-Ascd 623-1 Ldocx
Page 8or17
k. DB-3-6C to D8-3-6B—10"corrugated pipe
The pipe is collapsing al 50.00' from DR-3.6C. This segment must be
removed and replaced.Once.the repairs aro made,the segment must be re-
televised.
1. 136.3-68 to CB-3-6A—12"corrugated pipe
The pipe is collapsing at 137,00'. This segment must be removed and
replaced. There is debris in the pipe at 137.00' from DB-3-6$. This
segment must be cleaned out.Once the pipe is cleaned out and all repairs
are made,the segment must be re-televised.
m. CB-3-713 to DB-3-7C
There is debris in the pipe beginning at 18.50' from CB-3-7B. This
segment must be cleaned out. Thar is R blockage in the pipe (Remove
blockage) and the pipe appears to be broken at 59.80' from CB-3-78
(Remove this section of pipe and replace), The video provided to TAI
terminates at 59.30' from CB-3-7B, which gives an incomplete view of
the pipe. Once the pipe is cleaned out and all repairs arc made, the
segment must be rc-televised.
r•., CB-3-25A to DB-3-25B
The pipe is holding water at DB-3.2513.This segment must bD cleaned out
and re-Wevised.
o. MH35 to MH-2-27
At 44.5' there is a hole at the joint.This segment must be removed and
replaced,then re-televised.
p. D13-3-8B to CB-3-8A
The video provided to TAI was underwater during fuming.This segment
must be re-televised and any deficiencies repaired.
q. D8-3-7C to DB-3-7D
There is mud and debris in the pipe.This segment must be ciceacd and rc-
televised.
Vill. Water Main Improvements&Appurtenances
Rater main improvements were reviewed for mmpiience with the approved
subdivision improvement plans, the Standard Specifications for Water and Sewer
N,lain Constniction in Illinois,and the City Code.
1. All fire hydrants in the subdivision hnvc experienced fading, chipped or flaking
paint, rust spots and are considered unacceptable. The hydmots must be sand
f I:F11 FS1COf.1C'UL30f•3AtCo,r erponlonco2011-OS-02
NH3 Sevpr o!wort;!tcsiatl C-13-1 I.du;A
Page 9 of 11
blasted and repainted International Orange with a Pen-Rust enamel paint or
equivalent.
2. All fire hydrants in the subdivision were difficult to operate.The contractor is to
apply lubrication as specified by the manufacturer.
3. All fire hydrants in the subdivision still have the cap chains. These chains must
be removed per the fire hydrant detail on sheet 37 of the approved engineering
plans,
4. HYD-3-1 l The auxiliary valve box is too high and°must he adjusted to grade;
5. 14YD-3-8 Cannot locate the auxiliary valva and the nozzle height is only 12".
Locate the valve,adjust to grade,raise the hydrant to the required
elevation, and restore any disturbed areas with topsoil,seed and
blanket.
6. HYD-3.6 Cannot locate the auxiliary valve and the norde height is only-13",
Locate the valve,adjust to grade,raise the hydrant to the required
elevation, and restore any disturbed areas with topsoil, seed and
blanket.
7. HYD?3-5 Cannor locate the auxilimy valve,Locate and realign the valve,and
restore any disturbed areas with topsoil,seed and blanket,
3, HYD-3-3 Cannot locate the auxiliary valve end the norzle height is ofdy 15".
Locate the valve,adjust to grade,raise the hydrant to die rNuitcd
elevation,and restore any disturbcd areas with topsoil, seed and
blanket.
9. The undeveloped lots(Lots: 125, 131, 143, 144, 151, 152, 153, 158, 164, 165,
166, 167, 182, 183,and l85)must have the 4"x 4"v4tness posts installed at the
termination of the waster service. The posts must be painted blue and extend at
least 36"above the itroaptid.
10.The following water services were identified as deficient and requires corrective
action Tong Wexford Court/Drive.
618 Inscribe"W"into the curb in I'mm of the water service box,
Curb stop could not be keyed. Repair the club stop and
restore any disturbcd weas witfi topsoil and seed.
616 Curb stop could not be keyed. Repair the curb stop and
restore any disturbed areas with topsoil and seed.
612 Curb stop could not be keyed. Repair the curb stop and
restore any disturbed areas with topsoil and seed.
608 Curb stop could not be'keyed, Repair the curb stop and
restore any disturbed areas with topsoil and seed.
606 Curb stop could not be keyed find is located approximately
2' behind the back of the sidewalk. Repair the curb stop;
relocate the curb stop to the ROW, and restore any
disturbcd areas with topsoil and seed,
H:11-7LE$\CQE%CUE,001.3A!ConnpanduKcUol i-05 02 Nei 3 Sccpc arwoxh Rc»=16.23-I t.dmx
i
Page 10 of 17
604 Curb stop could not be keyed. Repair the curb stop and
restore any disturbed areas with topsoil and seed.
588 Unable to locate. locate the service box, adjust to grade,
and restore any disturbed areas with topsoil find seed.
586 Curb stop could not be keyed and is located approximately
3' behind the back of the sidewalk. Repair the curb stop,
relocate the curb stop to the ROW, and restore any
disturbed areas with topsoil and seed.
584 Curb stop lid is broken,not at the proper elevation,and is
located approximately 2' behind the back of the sidewalk.
Relocate the curb stop to the ROW.adjust the curb stop to
the proper elevation, replace the lid, and restore any
disturbed areas with topsoil and seed. -
580 Curb stop is not adjusted to the proper elevation.Adjust the
curb stop to the proper elevation and restore any disturbed
aroas with topsoil and seed.
581 Curb stop could not be keyed. Repair the curb stop and
restore any disturbed)areas with topsoil and seed.
585 Curb stop could not be keyed,has the &rcing lid,and is not
at the proper elevation,Repair the curb stop,replace the lid,
adjust the•curb stop to the proper elevation,and restore any
disturbed areas with topsoil and seed.
587 Curb stop could not be kcyed. Repair the curb stop and
restore any disturbed areas with topsoil and seed.
589 Curb stop could not be keyed. Repair the c-orb stop and
restore any disturbed areas with topsail and seed.
593 Curb stop has the wrong manufacturcr's lid on it, the lid
must be replaced with thr proper lid.
603 Curb stop could not be keyed. Repair the curb stop and
restore any disturbed areas with topsoil a3td seed.
605 Curb stop is located approximately 2' behind the back of
the sidewalk. Relocate the curb stop to :he ROW and
restore any disturbed areas with topsoil and seed.
607 Curb stop could not be 'Keyed. Repair the curb stop and
restore any disturbed nrcas with topsoil and sacd.
609 Curb stop could not be keyed, Repair the curb stop and
restore any disturbed arras with topsoil end seed.
di 1 Curb stop has a broken nut an the lid,could not be keyed,
and is not at the proper elevation.Replace the lid,repair the
curb stop, adjust the curb stop to the proper elevation,and
restore any disturbed areas with topsoil and seed.
H:tFILFS=L•VVbFUJI•?AIGetmpcn.=d20I I A5-02 NH 3 Sxpe or oak Hc+i;:d c-23.7 I.Lcx
Page I 1 of 17
613 Curb stop has ibe wrong lid and is located approximately 2'
behind the back of the sidewalk. Rolocete the curb.stop to
the ROW, replace the lid with the correct manufacturer's
lid,and restore any disturbed areas with topsoil and seed.
615 Curb stop could not be keyed,is not at the proper elevation,
and is located approximately 3' behind tho back of the
sidewalk. Relocate the curb stop to the ROW, repair the
curb stop,adjust the curb stop to the proper elevation,and
restore any disturbed areas with topsoil and seed. -
11.The following water services were identified as deficient and require corrective
action along Shamrock Circle,
2922 Curb box is broken and the curb stop could not be keyed.
Replace!be curb box,repair the curb stop,and restore any
disturbed areaswith topsoil end seed,
2976 Curb stop is not at to the proper elevation. Adjust the curb
stop to-the,proper elevation and restore any disturbed areas
With topsoil and seed.
2978 Curb stop could not be keyed. Repair the curb stop and
restore any disturbed arcs with topsoil and seed.
2984 Curb stop has the wrong lid and is not at the proper
elevation. Replace the lid with the correct manufacturer's
lid,adjust the curb stop to the proper elevation,and restore
any disturbed areas io grade with topsoil and seed.
2988 Curb stop is not at the proper elevation. Adjust the curb
stop to the proper elevation and restore any disturbed areas
with topsoil and seed.
2992 Curb stop could not be keyed. Repair the curb stop and
restore any disturbed areas with topsoil and seed.
2994 Curb stop is not at the proper elevation. Adjust the curb
stop to the proper clevation and restore any disturbed areas
with topsoil and seed.
3000 Curb stop is not at the proper clevation. Adjust the curb
stop to the proper elevation and restore any disturbed areas
with topsoil and seed.
12.The following water services were identified as deficient and require corrective
action along Waterford Drive.
574 Inscribe "W" into the concrete curb in front of the water
service box. Curb atop could not be keyed and does not
have a lid.Repair the curb stop,install the proper lid;and
restore any disturbed areas with topsoil and seed.
It:1F rt PS1CO 1Cp£W I-3ktiCvna:pouSaxd:O11 C3 J2 r.rr 5 Scope of Wa:1c Rcvi.tt 6-'_3.11 doer
Page 12 of 17
572 Inscribe"W"into the concrete curb in front of the water
service box.
570 Inscribe"W"into the concrete curb in front of the water
service box.
568 Inscribe a"W"into the concrete curb in front of the water
service box.Curb stop could not be keyed,Repair the curb
stop and restore any disturbed areas with topsoil and seed.
13.The following water services were identified as deficient and require corrective
action along Killamy Drive.
2897 Curb stop could not be keyed.Repair the curb stop and
restore any disturbed areas with topsoil and seed,
2891 Curb stop could not be keyed.Repair the curb stop and
restore any disturbed areas with topsoil and seed.
2889 Curb stop could not be keyed.Repair the curb stop and
restore any disturbed areas with topsoil and seed.
2887 Curb stop could not be keyed.Repair the curb stop and
restore any disturbed areas with topsoil and seed.
2888 Curb stop could not be keyed and is not at the proper
elevation.Repair the curb stop,adjust the curb stop to the
proper elevation,and restore any disturbed areas with
topsoil and seed.
2890 Curb stop could not be keyed.Repair the curb stop and
restore any disturbed areas with topsoil and seed.
2892 Curb box has the wrong lid and is not adjusted to the proper
elevation. Replace the lid with the correct manufacturer's
lid,adjust the curb box to the proper elevation,and restore
any disturbed areas with topsoil and seed.
2894 Curb stop could not be keyed.Repair the curb stop and
restore any disturbed areas with topsoil and seed,
2898 Curb stop could not be keyed.Repair the curb stop and
restore any disturbed areas with topsoil and seed.
Street age was reviewed for compliance with t ved subdivision
improvement plans In locations ypteal construction detail was
provided. Street identificatio viewed for compliance with the
subdivision impro pans as well as the City defects and failures
lisle must be corrected prior to final acceptance of
H:iFtLFS rCOE1COb001.3A1CozespoadcrelGl l a5 Q2 NH 3 Swyc oltPa k RerL�d 6.23-)I.de=
Page 17 of 17
is missing and must be installed.
X. oadway 7
R dway improvements were reviewed For compliance with the approved ibdivision
impr vcmeat plans,the Standard Specifications for Road and Bridge C struction of
the illi is Deparbnentof Transportation,and the City Code,All dcfc and failures
must be rreoted prior to placement of hot•mix asphalt surface cou
I. Tho roa sys in Neighborhood 3 have an asphalt ramp at tid,curb line that must
be remove before the surface course of asphalt can be inst Once the asphalt
ramp is rem ed,the area along the curb line will need o ba reviewed for any
additional d go caused by the completion con, for that would require
romovallreplace at of the curb,
2. All the roadways it Neighborhood 3 must have a surface course of hot-mix
asphalt installed as s wed on the appmved gincering plans. The existing
roadways must be pre red/paved in acco anco with the iDOT Standard
Specifications for Road Bridge Const tion. The contractor is responsible
for providing materlai testi for all asph t paving work in accordance with the
TDOT HMA-Plant Test Freque ey and A-QC/QA Acceptance Criteria to the
City of Elgin,
3. Ali structures located in the pavem must be properly adjusted to the slope and
grnde of the.surface course of asp It.
4. The following seedons of con a curb a,d gutter at the addresses and locations
provided were found to be teient and in acceptable condition. Each section
of curb and gutter listed b ow must be remo d and replaced utilizing full depth
sates-cuts, dowel bats, proper forming and isiting techniques in 8ccordance
with the Standard Spe teations and City code. T Contractor is responsible for
providing PCC mat ial testing in accordance wit' he Standard Specifications
and the testing res is must be submitted to the City, y disturbed areas must be
restored with to oil and seed.
a. Wexf d Court/Drive
58 13,
4 9'
586 26'
�J 588 19'
590 10'
592 6'
/ 594 5'
495-- 9' ---�
I IN-1r.L KOr•.ICObW I.3AW0ffr+p0IdC .e\201 r-03-0?Ntr 3 Scope or Wofi Revisal 6-23-i I.Lkxx
Page 14 of 17
604 17,
610 14'
b14 32'
6 41'
61 4'
613 27'
609
607
605 20'
603 6'
S93 30'
591 4'
587 16'
585 17'
583 6'
581 15'
537 125'
Lot 80 61'
b. Killamy Dr ve
2586 13,
2894 7'
2898 5'
2897 137'
28 5`
2 89
885 1
c. Shamrock Circle
2988 15'
2986 16'
2984 6'
Center Park 108'
2980 l5'
2978 12'
H:\}lI.S\CilRCO£C01.3A1Caaesponiuxe'101 i-0S-0Z NH J Scace orWti$acpjsy o•1?•f laotc
Page 15 or 17
�. 2976 19'
2972 33'
3000 16'
1 2998 10'
2996 II'
2992 5'
XT. Sidewalk
I. 'lhe following etions of concrete sidewalk at th addresses and -locations
provided were fo d to be missing or deficient an in unacuptable condition.
Each section of sid walk listed below must be r oved and replaced utilizing
proper forming and missing techniques in ccordance with the Standard
Speciftcations and the ity Code. The Con, -tor is responsible for providing
PCC material tt��ng In ccordance pith tl Standard Specifications and the
testing results must be su itted to the ity. Any disturbA areas must be
restored with topsoil and seed.
a. Wexford CourVDrive
582 5sf
606 Osf
612 1 si'
614 12.53
616 1 25s
618 25sf
613 75sf
587 25sf
537 50sf
b. Killam D6ve
2886 50sf
D. Sh mroek Circle
988 SOsf
Center Park I OOsf
2982 2Ssf
}i:1 FILL'S ICOC•1COL:Wt-]A�Ca;raprndceKCIIO!1-05-02 NH 3 Seopr.of Mork°cvL�ed 6.23-I 1-doex
f
Page 16 of 11
2. The following undeveloped leiG de n9i have sidewailes ip.9411edi.Lots 125, 131,
143, 144, 151, 152, 153, 153, )64, 165, 166, 167, 182, 153, and 185.-Qs
---Egdewalks e..tltsse let - -
-The-right-of-ways require 4" of topsoil installed and graded per the approved
engineering plans. Class IA,seed,fertilizer and blanket must be installed in the
tight-of-way t '
*and the a R ,laLioa contractor is required
�'�ie grSSe��sav a �e,areas as necessary until
tSd'fan atinyt-c� 'ht'r�rrt•nt A D A rMn(1-12) 2:11- •��ri�..r il•s_„cTJ,o
0
Any
disturbed areas must be restored with tepsa+-Cand seed.
a i
walk running East-West has a slope of about 13,5°(°.
b. SS corn f the intersection of Londonderry Drive and Lis re Circle—
Sidewalk ru ' )East-West has a slope of about 9.8%,
c. SW corner of thz in section of Londondeny Dri and Lismore Circle--
Sidewalk center square a slope that excee .6%.
d, NE corner of the Western irate •)on 'hamrock Circle turd Waterford
Drive—Sidewalk mmning North-S - has a slope ol'about 9A%.
e. MY corner of the intersectio I'Shamroc ircle and l-ondonderry Drive
—Sidewalk nlnning No - cuth has a slope o ut 9.6%.
f. NW corner of the tem intersection of Shamrock : le and Waterford
Drive—Side running North-South has a slope of abou 0.7%and has
o broken uare.Sidewalk running East-Weal has a slope of ab 10.5%.
g. S mer of the intersection of 4Joxford Drive and Killarny Drive—
a
1. ; wing driveway aprons are damaged and must be removed a
M onsttUCte allowing locations;
612 Wexford Drive
614 Wexford D '
exford Drive
11iF(LF3:CpEl:OEGCI;AtC,vra Jnrce+2011.05.02 NH)SCON O l'Ork F ms0 C,23-f AXx
Page 17 of 17
t
�sigiA=AP@ Piaas,.
XJV. Acceptance by the City Council
The acceptance of the required improvements shall be made only after all the items
listed above have bbcn`compleled`and all disturbed areas resiored as provided in This"
scope of%vOrk.
The following items mast be provided to the City Engineer by the dveloper hnrnedialely after all
of the abovementioned fmproveateirts have been complete. The remaining items shall be
submitted in one transmittal incttdling a corer leuer indicating the corrtents:
Final Waivers of Lien -(only from completion contractor)
Maintenance Guarantee(3 year LOC or bond)•(only from completion contractor)
K1F7L1SlC'OF\COEOOI-��lCum�pardcntt12D11-05-07 T1H 15wpe otWmkft�r'sd 6.2J•:l cuu
'"ROT TER
-
ASSOCIATI?S,INC.
ENGINEERSANDSURVEYORS
February 1,2011
r:MichoeMall,PE
City of Elgin
150 Dexter Court
Elgin,Illinois 60120
RE: Waterford Subdivision--Neighborhood 3
Re-televised Sewer pipe reviewlcornments
Dear Mr.Hall:
As per your request,of the above-referenced Subdivision,Trotter and Associates,Inc.(TAI),has
reviewed the Sewer pipe DV D's and reports issued from Jack Murphy dated January 13,2011
The folibwino sewerseetions were submitted/reviewed.Listed below are the items submitted for
review;TAI's review comments follow each Item in bold.
VI Item 7a, has been cleaned and re-. Acceptable _T
televised. _
VIl Item 58a. MH,3G to C8 3-9A No televised report supplied for this pipe
should be labeled MH 3-8 to 3-8A section.
(mistyped on the on inal rc rt)
VII Item 58f. Cleaned and re-televised. Acceptable
VII Item 58k. Re-televised. pipe has deftectionlangfe paint. at 258.6.'.
This Is not Indicated in the hardeopy of this
pipe section. This section of pipe must be
re laced and re-televised.
VII Item 58_p. Cleaned and re-televised, Acceptable
Vtl Item 589. Cleaned and re-televised. Acceptable
V11 Item 58r. Cleaned and ne-televised, Acceptable
VII Item 59a, R"levised,Utility flag Acceptable
jetted to catch basin and rerrmved
VII Item 59b. Re-televised,stick Acceptable
removed from Zipe..
40W20I Wasco Road Suite D • St.Charles,lilinols 60175 Phone 63x1587-0470 • Fox 53087-0473
Exhibit 2 ��
I
Mr.Michael Hail,P.F.
City of Elgin
Waterford Subdivision-Neighborhood 3
Re-televised Sewer pipe review/commenu
February I,2011
Page 2 of 5
VII Item 58s. Re-televised.(Not Pipe has sagged at 52.0'. Thla Is not
included on submittal letter) indicated in the hardcopy of Ws pipe
section, This seedon of pipe must be
replaced-and-re-tele,.Ised.
Vil Item 59i. Re-televised,(Not Debris has not been removed from the
included on submittal letter) invert of this pipe section. This is not
indicated in the hardcopy of this pipe
section.The debris mast be removed from
the invert of this pipe run and er-televised,
The following is a list of Items From the"WaWrford Subdlvision—Neighborhood 3 Revised
Acceptance Review No. I"Wier dated December 20,20 10,These.items will need to be re-
lelevised once they have been addressed.
VII. Storm Sewer Improvements&Appurtenances
Storm sewer improvements were reviewed for compliance with the approved
subdivision improvement plans, the Standard Specifications for Water and Sewer
Main Construction in Illinois,the City Code.
58,The following sections of storm sewer have deficiencies that must be addressed as
instructed.
a. MH-3G to CB-3-9A(Should be labeled as MH 3-8 to CB 3-RA)
There is a moderate offset in the pipe joint at 11,10' from MH-30.This
segment must be grouted.There is a crack,from 7 to 5 o'clock in the pipe
joint at 54.90' from MH-30.This must be repaired by 2ining.'Mere is a
service connection at II o'clock at T7.80' from MIA-3G, and this
connection should be removed, the penetration repaired, and connection
made io the appropriate storm water structure as per the approved
engineering drawings.There is v service connection at 2 o'clock at 79.90'
from MH-3G, and this connection should be removed, the penetration
repaired,and connection.trade to the appropriate storm water structure as
per the approved engineering drawings. Once these repairs are made,the
segment must be re-televised.
b. CB-3-7A to CB-3-713
The pipe is broken at 112.70' from CB-3-7A. This segment must be
removed and replaced, then re-televised. (Rernoval/ReplaceITY by
A rch)
f
Mr,Michael Hall,P.F_
Qty of Elgin
Wzterrord SUl•,division-Neighborhood 3
Re-televised Se%rex-pipe reviewicoraraenu
Febma y 1,2011
Page 3 of 5
b. MH-3-9 to CB-3-9A
There is a service connection at 10 o'clock at 105.00' from MH-3.9,and
this connection should be rcmovcd, the penetration repaired, and
connection made to the approprime storm water structure as-per the
approved engineering drawings, Once this repair is made, the segment
must bem-televised. (RemoY21fReplaWTV by Arch)
c. MH-3-24 to CB-3.24A
There is a severe offset at the pipe Joint at 2.00' from M7-1.3.24. This
segment must be removed and replaced, then re-televised.
(RemovalIReplare1W by Arch)
d. MH-3-24 to MK-3-23
The pipe is broken at 148.70' from M11•3-24, This segment must be
repaired by lining,then re-televised.
e. MH-3 23 to MH-3-22
The pipe is broken at 51.50'from MH-3-23.This must section be removed
and replaced,There is mud and debris in the pipe at 97.50'from MH-3-23.
This must be cleaned out and re-televised. The video provided to TAI
terminates at 100.00' from MH-3-23,which gives an incomplete view of
the pipe,Once the pipe is cleaned out,the segment must be re-televised.
g, MH-3-16 to MH-3-15
ne pipe is broken at 10.00' From MH-3-16, This segment must be
repaired by lining,then re-televised.
h. CB-3-2B to CB-3-2C
The pipe is brokers at 62.20' from CB-3-2B. This segment must be
removed and replaced. There is a separation in the pipe joint at 69.50'
From CB-3-2B.This segment must be grouted.Once the pipe is grouted,
the segment must be re-televised.
J, CB-3.176 to CB-3-17C
The pipe is broken at 97.64' from CB-3-173. This segment must be
removed and replaced. There is debris in tho bottom of the pipe. This
segment must be cleaned out, The video provided w TAI terminates at
100.10' from CB-3.17B, which gives an incomplete view of the pipe.
Once the pipe is repaired and cleaned nut, the segment must be re-
televised. (Arch to cieawTV)
Mr,Michael Hall.P,E.
Cny of Elgin
Waccrl'ad Subdivision—Neighbortaod 3
Re-televised Sewer pipe rovievdcommann
February I,2011
Page 4 of 5
1. DB-3-6C to DB-3-6B-14"corrugated pipe
The pipe is collapsing at 50.00' from D13�3-6C. This segment must be
removed and replaced. (dig uptrepair/PV by Arch)
m. DB-3.6B to CB-3-6A-12"corrugated pipe
The pipe is collapsing at 137.00'.This segment must be removed and
replaced. There is debris in the pipe at 137.00' from DB-3-6B. This
segment must be cleaned out.Once the pipe is repaired and cleaned out,
the segment must be re-televised.
n. CB-3-7B to DE-3-7E
There is a blockage in the pipe at 32.50' from CB-3-73. (Remove)This
segment must be Cleaned out. 'Re video provided to TAI terminates at
32-5011-om CB-3-7B, which gives an incomplete view of the pipe. Once
the pipe is cleaned out,another video of the pipe must be provided.
o. C13-3.713 to DB-3.7C
There is debris In the pipe beginning at 15.50' from CB-3-713. This
segment must be cleaned out There is a blockage in the pipe and the pipe
appears to be broken at 59.80' from CB-3-713. This must be removed,
repaired and cleaned out.The video provided to TAI terminates at 59.80'
from CB-3-713,which gives an incomplete view of the pipe.Once the pipe:
is cleaned out and repaired, another video of the pipe segment must be
provided.
t. ME135 to MH-2.27
At 44.5' there Is a hole at the joint, this section must be
removed/repiaced and televised by Arch.
u. DB-3-88 to CB-3-8A
The video provided to TAI was underwater during filming.This segment
must be re-televised.
v. DB-3-7C to DB-3-71)
Ttlere is mud and debris in the pipe.This segment must be cleaned and re-
televised.
Mr.Mieheel Hull,P.E.
City of 9gin
Waterford Subdivision-Neighhod"3
RtrleRavised Sewer pipe reviewleornments
Febmary i,2011
Page 5 of 5
If you have any questions or concerns,please contact me at 630-587-0470.
Sincerely,
TROIIER A� CIATES,INC_
Lenard E.Lynn
cc,
Mr.Ronald Rudd,City of Elgin
Mr.Lawrence Moelmann,Hinshaw&Culbertson,LLP
Mr.Steve Mollenhauer,Cashin Spinelli&Ferretti,LLC
Mr.Jack Murphy,Cashin Spinelli&Ferretti,LLC
Mr_Steve Cieslica,Trotter and Associates,Inc.
Svpplemcrtar Conditions
SCOP>«. These Conditions amernl or supplemem the Insurance Requirements and(Aber provisions ofrho Contract
Documanmas indict tod herein. All previsions which are not so upended or supplemented remain in full force and
effect.
Each policy trtust lisl the City as an zddldmtal insured. The Contractor and all Subcontractors walve subrogaiion
rights ttgairist the City for all losses, Supt insurance shall apply s primary insurance with respect to zty other
insurance or self-insurence program afforded to the City of Elgin,The a stroll be no cndarsemes,t or modiftcotion of
such irnurartcoto make it excess over oilier available insurance,and aitema(ively,if the insurance slates that it is
excess or pro nta,it shall be endorsed to be primary with tttpcct to rho City of Cigin.
The insurarleo rerialmd shall fnelude ell major division of coverage and shall be on a comprehensive general basis
incfuding pmtiiso end Cporarions_(inctuding X-C-I,�,Prcdu:�and Completed 4peratioru,.and Owped,Nan�wned,
Leased,and Hired Motor wiicies.Suib iruuranae shall be written for not less than any limits of liability required by
!aw or the following limits,whiyltcver arc grraar,
Commercial Liability
Ou=l Aggregate S2 Million
Produces Completed Operations
Aggregate Sl Million
personA Injury end Adveriising Urnit Sl MiNo..
Each Occurrence SI Million
Automotive-for all owned,non-owned,hired and based vehicles
Combined single limit 31 Milton
W
Bodily ijulify each person 5300,000
cachamidcnl Sl Million
Property damagetacb occurrence 51 Miilien
Umbrella
Combined single limit $2 Million
Ocncral eggregate $2 Million
Worlsor's Compeaxtion
Statutory $1 Million
Etuployrr's Liubilny S10n000
auifdees:tusk 5 h j A
The Contractormay purchase and maintain excess liability irsurame;n the umbrella fc;Tn in order to satisfy the
limits of liability replied for the insurance to be purchased and maimained in accordance with tiro requhcmcnts set
forth above. Any such amounts roust be in addition to rho umbrelie limira required,must list ell undortyin$policies,
and must list the City as an eddidowl insured, Evidence ofsucb excess liability shall be delivend to the City in the
some form and manner as the reguirod Insurance polkies.
lire Clip resmes the right,at Its sole discretion,ro amend the insurance rrquirrrncnu contained herein.
All Insurencts sltaf)be written on an occurrence basis,untass the City npprovcs in writing caverago on a eteims•made
basis. Coverapes whether written nn an occurrence or a claims-node basis shell be maintained without intenupdon
from this data ofarrnmerceemcrt4 of the Work until tlic data rrfinal paymen!and tcnriaation orony coverage required
to be maintained alter fatal payment.
Cenifspo(es of Insurance accepleblu to the City and confinning the insr:reace coverage required herin are attached to
the Conpact,The City shall have no obligation to e=uie tyre Cuntract and may award the Contract to the next
lowest responsible and responsive bidder,if such insurance cenificates have not been provided to the City within live
(5)business days aflcr prescnlation oftht:Contract to the Contractor far eaeeulion.
the ComreCtorshnif furnish to the City copies of any endorsements that are subsequently issrted amending limits of
coverage.
Exhi.bir 3
q69