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11-164 Resolution No. 11-164 RESOLUTION RATIFYING THE EXECUTION OF A CONTRACT COMPLETION AGREEMENT WITH ARCH INSURANCE COMPANY AND ORANGE CRUSH 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 dated September 22, 2011 with Arch Insurance Company and Orange Crush 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. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Resolution No. 11-154, be and is hereby repealed and that the previous contract completion agreement for the Waterford Subdivision Neighborhood 3 between the City of Elgin, Arch Insurance Company and Orange Crush LLC dated August 17, 2011, be and is hereby terminated. s/David J. Kaptain David J. Kaptain, Mayor Presented: September 28, 2011 Adopted: September 28, 2011 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk Resolution No. 11-164 RESOLUTION RATIFYING THE EXECUTION OF A CONTRACT COMPLETION AGREEMENT WITH ARCH INSURANCE COMPANY AND ORANGE CRUSH 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 dated September 22, 2011 with Arch Insurance Company and Orange Crush 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. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Resolution No. 11-154, be and is hereby repealed and that the previous contract completion agreement for the Waterford Subdivision Neighborhood 3 between the City of Elgin, Arch Insurance Company and Orange Crush LLC dated August 17, 2011, be and is hereby terminated. pinvocogRAy for. 4) M C� of tSJ��� I . ►�� . ❑ Telephoned ❑ Returned your call ❑ Came in ❑ Will call again Pleas return the call El See me Message ��_�__ �� �L c,� ._ Phone: Dat ` 1\ Time By CONTRACT COMPLETION AGREEMENT WATERFORD SUBDIVISION—NEIGHBORHOOD 3 This Contract Completion Agreement for Neighborhood 3 in the Waterford Subdivision. Elgin, Illinois(the "N3 Completion Agreement" or"Agreement") is made and entered into this 'ZZlje)day ofge ►dil 201 I, by and between the City of Elgin. Illinois ("Elgin"); Arch Insurance Company ("Arch"), and 1.(32,411/ �_(:-.:,QU_cy 62-63 (the "N3 Contractor"). R E C I T A L S WHEREAS, Kimball Hill Homes,inc. ("Kimball Hill")undertook to develop certain real property in Elgin, Illinois ("Elgin"), commonly known as the Waterford Subdivision, which Waterford Subdivision is divided into Neighborhoods for the purpose of development; WHEREAS, to secure the construction of certain improvements in the Waterford Subdivision, Kimball Hill procured and delivered to Elgin the following performance bond issued by Arch, as surety: Bond No. SU5019730 dated March 10, 2006, in the original amount of$I,437,015.36, which amount was subsequently reduced to$617,819.20 on January 30,2008, and is subject to being further reduced,pertaining to certain improvements in Neighborhood 3 of the Waterford Subdivision(the"N3 Bond"); WHEREAS,on or about April 23,2008,Kimball Hill filed a voluntary petition for relief under Chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy Court for the Northern District of Illinois,Eastern Division,as Case No.08-10095; WHEREAS, Elgin has notified Arch that Kimball Hill was in default of its bonded obligations and made a demand upon the N3 Bond(the"N3 Bond"); • Exhibit E t" WHEREAS, 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 Exhibit 1 (the '`N3 Punchlist"); WHEREAS,the Na Contractor has examined the N3 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 WHEREAS, the N3 Contractor has agreed to complete the N3 Punchlist in accordance with the terms and conditions set forth herein. AGREEMENT 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: 1. The N3 Contractor agrees to perform the work and supply the necessary materials V- r" ' -:,.zz.,! .,1. (- 7, 13 �,� s 9, .z., to complete the N3 Punehlist and the public improvements in Waterford Neighborhbod'3 which • 22E, . . , III. !, lL,zNQ.X7 are the subject of the N3 Punehlist in accordance with the Engineering plans an spec'weat'ons for the Waterford Subdivision 3, as prepared by Manhard Consulting dated 06/17/03 and last revised October 7,2005,(hereinafter referred to as the"N3 Punehlist Work"). [IF MORE THAN ONE N3 CONTRACTOR AND MORE THAN ONE COMPLETION AGREEMENT, MODIFY PREVIOUS SENTENCE TO REFLECT WHAT PORTION OF THE N3 PUNCHLIST WILL -2- BE COMPLETED BY THE N3 CONTRACTOR 1,VHICH IS A PARTY TO THIS PARTICULAR COMPLETION AGREEMENT.] The N3 Punchlist Work shall also be performed in accordance with the Elgin Municipal Code, applicable reguiatians 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 terns of such General Conditions, the terms of this Agreement shall supersede and control. (� ?. Elgin shall pay to the N3 Contractor the sum of _3 09 j 9 1 . or completing the N3 Punchlist Work, which payments shall be made in accordance with the General Conditions. Arch shall,pay this sum to EIgin upon execution of this N3 Completion Agreement, which Elgin shall use to pay the N3 Contractor for the N3 Punehlist Work. To the extent the penal limit of the N3 Bond exceeds this payment, the difference shall he available to pay for repair of any Additional Storm 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 identified in Paragn-aph 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 the Additional Storm Sewer Defects. -3- 3. The N3 Contractor shall warrant all of its work performed pursuant to the N3 Completion Agreement (the"N3 Warranty Work") for a period of one }•car from the date of Substantial Completion, us reasonably determined by Elgin's Engineers. For the purposes of clarification, and not as a limitation on the N3 Contractor's warranty, claims which are covered and may be made by the City during the one year warranty period include, but are not limited to, claims for the failure of grass in restored areas or the failure of other landscaping installed by the N3 Contractor. 4. The N3 Contractor responsible for sewers agrees 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 Engineer's determination as to whether any additional defects are identified from the televising which require additional repair (the "Additional Storm Sewer Defects"), 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 Additional 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 amount to the N3 Contractor within 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 2 hereof. -4- 5. The N3 Contractor shall complete all of the work and improvements set forth in the N3 Punchlist and that the repairs of the Additional Storm Sewer Detects in accordance with the following procedures: A. When the N3 Contractor has substantially completed the work, it shall deliver the following to Elgin's Engineers: as-built drawings of its work signed and sealed by an authorized professional engineer; storm sewer television testing results for repaired storm sewer sections;and a letter from Manhunt Consulting as the design engineer (or such other engineer as is acceptable to Elein) stating that all N3 Punchlist work has been completed in accordance with the approved plans and specifications. B. Elgin's Engineers will conduct a field review of the N3 Punchlist Work to identify any deficiencies or uncompleted items of work. These items, together with all deficiencies discovered upon a review ot'the above described as-built drawings or sewer tapes, will be compiled 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 will be approved if it is completed in accordance with the engineering plans and ordinances. if deficiencies remain,those will be identified. D, After Elgin's Engineers have reviewed and approved the N3 Contractor's submitted as-built drawings, the N3 Contractor must submit as-built drawings in electronic format along with mylar copies of the approved as-built drawings. -5- 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 1 Agreement no later than thirty (30) days of the entry into this Agreement. The N3 Contractor shall substantially complete all of the N3 Punchlist Work (INSERT THE PIIR/4 E "FOR WIIICH IT IS RESPONSIBLE PURSUANT TO THIS AGREEMENT' ' Nc h•EwSfo ! , 4 N= CONTRACTOR TO RE UTILIZE-O3-by Oita 5,A 2011; and she 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 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 further watering of restored areas or other landscaping to establish viability of grass or other landscaping shall in and of itself not preclude the determination of final completion provided, however, the N3 Contractor shall nonetheless continue with such further watering until the viability of the grass in restored areas or other landscaping is established. In the event of any conflict between these dates and dates elsewhere in the documents referred to in this Agreement,these dates shall prevail. Time is of the essence of this Agreement. 7. It is agreed that as reasonable liquidated damages for delay(but not as a penalty) the N3 Contractor shall pay Elgin 5200 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 time specified in this Agreement(hereinafter referred to as the`Agreement Times") or any proper extension thereof granted by Elgin,the N3 Contractor shall pay Elgin$200 for each day beyond the time for final completion. in the event more than -6- A" one N3 Contractor is retained to complete the N3 Punchlist Work, each N3 Contractor's daily liquidated damages shall be determined by multiplying the contract percentage of the total N3 Punchlist Work by$2AQ. This calculation shall be made at the time of contracting and reflected 0it4 ni9e, CRUSN 1 ,A. A01o0117 wit; t3E on the N3 Punchlist for each N3 Contractor. The N3 Contractor agrees and acknowledges that If/4 . SS PER DAT such liquidated damages constitute a reasonable estimate of Elgin's actual damages. Such liquidated damages shall constitute Elgin's sole recourse for and shall constitute full satisfaction of Elgin's actual damages resulting from the N3 Contractor's delay. 'Ile 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 control, and such conflicting provisions in any other documents referred to in this Agreement shall not constitute, and shall not be construed as, a basis by which to render the provisions of this paragraph unenforceable. 8. In the event the N3 Contractor is delayed in the prosecution and completion of the work to be performed pursuant to this Agreement or achievement of any of the Agreement Times because of any delays caused by Elgin or the Engineer or other causes beyond the control of the N3 Contractor,the N3 Contractor shall have no claim against Elgin or the Engineer for damages or contract adjustment other than an extension of the Agreement Times as provided herein and the waiving of liquidated damages during the period occasioned by the delay. 9. Elgin shall make payment on the basis of the N3 Contractor's application for payment as recommended by the Engineer, in conformance with the City of hlgin's accounts payable schedule. All payments should be based upon the progress of the work measured by the schedules provided in the agreement documents. Notwithstanding anything to the contrary in -7- any other documents referred to in this Agreement. Elgin shall be entitled to withhold any payments pending the submission of partial or full waivers of lien and/or certificates verifying the receipt of payment for all work performed by all subcontractors up to the date of the 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 necessary to obtain such lien waivers and/or certifications. In the event Elgin makes any such payments directly to any subcontractors,the amount of such payment shall be deducted from the total amount due the N3 Contractor pursuant to this Agreement;and the N3 Contractor shall provide a written release to Elgin in the amount of any such payments upon ten days written demand. Concurrent with all applications for payment,the N3 Contractor shall provide Elgin with a sworn certification of all work performed by all subcontractors and the amounts paid to all subcontractors as of the date of application. 10. Elgin may withhold, from all payments prior to Substantial Completion, an amount equal to ten percent (10%1 of work completed, at Elgin's sole discretion. Upon Substantial Completion, Elgin may release a portion of the retainage 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 acceptance of all of the work by Elgin. 11. The N3 Contractor shall provide to Elgin a Performance Bond and a Payment Bond, each in the amount of the N3 Completion Payment, with respect to the work under the N3 Completion Agreement, which bonds shall be issued by a surety acceptable to Elgin -8- • (collectively the "N3 Completion Bonds"). The scope of coverage under N3 Completion Bonds shall also extend to the N3 Warranty Work. 12. The N3 Contractor shall also provide to Elgin the insurance as described in the supplemental conditions which is attached hereto as Exhibit 3 (the "Supplemental Conditions"). The N3 Contractor agrees that any third-party claims against the N3 Contractor and/or Elgin shall be properly forwarded by the N3 Contractor to the N3 Contractor's insurance company for the appropriate resolution of said claims. Unresolved claims may affect/delay final payment hereunder. 13. The N3 Contractor shall take all necessary precautions for the protection of public and private property. This shall include the location and identification of property markers prior to and during construction. The N3 Contractor is responsible fbr the damage or destruction of property resulting from neglect,misconduct or omission in his manner or method of execution or non-execution of the work, or caused by defective work or the use of unsatisfactory materials and such responsibility shall not be released until the work has been completed and accepted and the requirements of these specifications complied with. Whenever public or private property is so damaged or destroyed, the 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, rebuilding or replacing it as may be directed,or it shall otherwise make good such damage or destruction in an acceptable manner. If the N3 Contractor fails to do so, Elgin will withhold any payouts toward completed work until arrangements are made to correct any damage as described below. 14. The N3 Contractor shall comply with the Illinois Prevailing Wage Act, 820 ILCS 130/0.01, et seq., including, but not limited to, paying the prevailing wage as required therein and completing all necessary documentation and reporting requirements. -y- i fU 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. 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,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 ILLS 557/1 et seg, 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 amount of money over the negotiated contract price unless upon a duly executed change order prior to the work performed by the N3 Contractor. 17. The N3 Contractor shall be responsible for the proper handling and disposal of any construction or demolition debris removed from the construction site in accordance with Public Act 90-761, and other applicable requirements of law. The gist 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 amount stated in Paragraph 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 construction, remodeling, repair. and demolition of utilities, structures, and roads that is not comingled with any waste, without the maintenance of documentation identifying the hauler, generator,place of origin of the debris or soil, the weight - 10- Uv • or volume of the debris or soil, and the location, owner and operator of the facility where the debris or soil was transferred, disposed, recycled or treated. This documentation must be maintained by the N3 Contractor for three years. 18. The terms of this agreement shall he severable. In the event any of the terms or provisions of this agreement are deemed to he void or otherwise unenforceable for any reasons, the remainder of this agreement shall remain in full force and etTect. 19. This agreement shall not be construed so as to create a partnership,joint venture, employment or other agency relationship between parties. 20. This agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois. 21. No official, director, agent or employee of any party shall be charged personally or held contractually liable under any term or provision of this Agreement because of their execution,approval or attempted execution of this Agreement. 22. In all hiring or employment made possible or resulting from this Agreement,there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status, or the presence of any disability, unless based upon a bona fide occupational qualification. This requirement shall apply, but not be limited to: Employment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this agreement on the grounds of sex, race, color, creed, national origin, age except minimum age and retirement provisions, marital status or the presence of any disability. - 11 - iY Any violation of this provision shall he considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, oldie Agreement by Elgin. 23. To the fullest extent permitted by law, the N3 Contractor agrees to and shall indemnify, defend and hold harmless Elgin, the Engineer, Engineer's consultants and the officers, employees, boards and commissions of each and any of them from and against any and all claims,suits,judgments,costs, attorneys' fees, damages or any and all other relief or Iiability 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 or subcontractors in the performance of this Agreement,or arising out of or in connection with litigation based on any mechanic's lien or other claims,suits,judgments and/or demands for damages by subcontractors. in the event of any action against Elgin, its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel Elgin's choosing. In the event and to the extent that any legal work is performed by Elgin's in-house legal counsel pursuant to the provisions of this section,Elgin shall be reimbursed by N3 Contractor for such legal work at the rate of$200 per hour, which rate N3 Contractor hereby agrees and acknowledges to be a reasonable rate fir such in-house attorneys' fees. The provisions of this paragraph 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 N3 funchlist 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 the scheduling and - 12- performance of the work; provided, however, each N3 Contractor shall be solely responsible for its own work and no N3 Contractor shall he 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 parties. 2.6. 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, certification requirements: City of Elgin, Illinois bidder's employee utilisation form; City of Elgin, Illinois, equal employment written commitment guidelines; City of Elgin, Illinois sexual harassment- policies and programs; City of Elgin, Illinois tax/collusionfdebarment/prevailine wage/legal status of employees affidavit. Any notice given under this Agreement shall be in writing and shall he deemed to have been given when hand-delivered or deposited in the U,S, mail, certified or registered, return receipt requested,postage pre-paid as follows: As to the City of Elgin: Ron Rudd,City Development Engineer 1900 Holmes Road Elgin, Illinois 60123 Telephone: (847)931-6081 E-mail: rucld_r@cityofelgin.org With a copy to: William A.Coglcy,Corporation Counsel City of Elgin 150 Dexter Court Elgin,Illinois 60120 Telephone: (847)931-5659 E-mail: cogley_w @cityofelgin.org -13- I" 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-c,archinsuranee.com With a copy to: Joel R. Page,Jr. Leo&Weber,P.C. One N.LaSalle Street Suite 3600 Chicago,IL 60602 Telephone: (312)857-0910 E-mail: jpage@leowebcr.com As to the N3 Contractor: t lVGE CAUSA, ../Itz. .4z-i2E zG-. 6,o/ z_ 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 Substance Abuse Prevention Public Works Act at 820 ILCS 265/1 et seq. A copy of such policy shall be provided to Elgin's Development Engineer prior to the entry and execution of this Agreement 28. Notwithstanding anything to the contrary in this Agreement, with the sole exception of the 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 - 14- 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 construed to be a joint and collective work product of Elgin, Arch and the N3 Contractor and, as such, this Agreement shall not be construed against any party, as the otherwise purported drafter of same, by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict, if any, of the terms and provisions contained herein. 30. The N3 Contractor hereby waives any and all claims to interest on money claimed to be due pursuant to this Agreement,and waives any and all rights to interest which it claims it may otherwise be entitled pursuant to law, including, but not limited to, the local government Prompt Payment Act,as amended(50 ILCS 50/1,et seq.)or the Illinois Interest Act, as amended (815 ILCS 205/1,et seq.). • 31. It is agreed and understood that the provisions of the Public Construction Contract Act (30 1LCS 557/1 et seq.) as amended, shall not apply to this Agreement or the work to he performed by the N3 Contractor pursuant to this Agreement. 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 provided for in Paragraph 2 hereof, based upon a claim relating to subsurface or latent physical conditions, or unknown physical conditions at the site. The N3 Contractor shall be responsible for making a careful examination of the site of proposed work, the contract documents,the specifications, general conditions, plans, special provisions, contract forms and the N3 Punchlist prior to entering into this Agreement. The N3 Contractor is xj responsible for fully informing itself as to the quality and quantity of materials required and the - 15 - 1' character of work to he performed, including, but not limited to, any matters relating to subsurface or latent physical conditions, or unknown physical conditions at the site. The N3 Contractor shall further make an investigation of the site prior to entering into this Agreement. 32. This Agreement, the documents it incorporates and its attachments constitutes the entire Agreement.between Elgin and the N3 Contractor on the subject matter horcoland may not be changed, modified, discharged or extended except by written 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 hereinprovided. 33. It is understood that this Agreement may be executed in counterparts by the parties hereto, and that electronically transmitted signatures shall have the some legal effort as original signatures. *34. INS CS IN WITNESS WHEREOF,the undersigned have placed'their signatures fih 22 - day of CkPrttjaar201.1. ATTEST: CITY OF E 31N, iLLi► • By: Ci 1'4" 1.,4, By: , / LAS Its CO-9 s Mayor ARCH INSURANCE COMPANY By: By: Its Senior Vice President N3 CONTRACTOR By/1?-1"/F ifk ...4...a1101111 . Pw��1�• -4� t _ ��+.S:dtr� itsPresteent .k +s ��{nra.+ S F tLegu1 Dcpt1Agrcrmcni Complclion Agr-Arch Insurancc•N13-ttc m-G II.dnc - 16- *34. It is agreed and understood that. this Agreement replaces and supersedes the previous Contract Completion Agreement Waterford Subdivision-Neighborhood 3 entered into between the City of Elgin, Arch Insurance Company and Orange Crush LLC, dated August 17, 2011. Such previous agreement dated August 17, 2011, be and is hereby terminated. 1 1 4 �T ? 1R \ASSOCIATES.INC. ENGINEERS AND SURVEYORS Waterford Neighborhood 3 Scope of Work row ORANGE Ciga 1J Revised:612311 I `GG' 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 Plan prepared by len Land Design dated July 19,2002,and Park t Plan prepared by Gary R. Weber Associates,Inc.dated October 4,2004 with the latest revision date of August 1,2006. L 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 and approval. The as-built information must be shown/incorporated into the Waterford Subdivision Record Drawing Plans prepared by Manhard Consulting. 11. Soil and Erosion Control 1. Silt fence shall be removed on both sides of lot 184 and the orange construction fencing shall be removed from along lots 131 and 132. 2. Inlet filter protection is only required on the following inlets:CB-3-1C;DB-3-1 D; DB-3-2I C;CB-3-21C and CB-3-20A. 3. All areas disturbed by the contractor must be restored utilizing topsoil/seed and blanket. If required,the contractor must water the restored areas until an adequate mat of grass is established. III. Grading and Drainage 1. The following undeveloped lots must have 4"of'topsoil installed in the right-of- way (ROW) and graded for positive drainage between the curb and sidewalk(to be installed by contractor). Class IA seed, fertililizer and blanket must be installed in the ROW for undeveloped lots: 125, 131, 143, 144, 151, 152, 153, . 158, 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 stabilized utilizing Class IA seed, fertilizer and blanket. 40W201 Wasco Road Suite D • St.Charles,Illinois 60175 • Phone 630/587-0470 • Fax 630/587-0475 EXHIBIT 1 Page 2 of 17 2. Contractor must re-grade a portion of the baseball field to correct the drainage issue in the infield area. All disturbed areas must be restored utilizing topsoil, Class I seed,fertilizer and blanket. V. Landscaping The following addresses have trees that are dead or dying and must be replaced. I. 603 Wexford Ct.(Remove/Replace red maple tree) 2. 2892 Killarney Dr. (Remove/Replace red maple tree) 3. 2972 Shamrock Circle (Remove red maple next to driveway, remove/replace 3 red maples on Waterford Dr side) 4. 2976 Shamrock Circle(Remove/Replace sycamore tree) 5. 2994 Shamrock Circle(Remove/Replace sycamore tree) 6. The following undeveloped lots do not have trees installed: tots: 125, 131, 143, 144, 151, 152, 153, 158, 164, 165, 166, 167, 182, 183, and 185. The 28 missing shade trees on these lots must be installed as per approved engineering 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 plans. The developer must install 29 shade trees, 19 ornamental trees and 3 evergreens per the Jen Land Design Plan dated July 19,2002. 8. The improvements to Central Park arc not complete. Complete the improvements in accordance with the "Park Plan for Waterford" (prepared by Gary Weber and Associates, dated October 4,2004)as stated on Sheet 6 of the engineering plans. Listed below are the items remaining to he constructed or to be repaired. b. Construct the .:. •o per detail D/7(including 2 pa . c les) c. Supply and install the o • * 2 • . :round equipment: 2 Saddlemate Minibikes; 2 Saddlemate P • , Line: : e; I Little Climb and Slide; 2 Primetime Swirl! . =- t Swing;and Add 1 Bay • w/Enclosed Tot Scat. d. Sup• , install the 3 Heavy Duty Picnic Tables located in theast ariter Of thr•pn e. There are several sections of broken sidewalk that must be removed and replaced(approx. 125 SF). 4. g. Remove/Replace the dead Swamp Oak. h. Remove/Replace the"extremely bent"Burr Oak. i. Straighten the leaning Burr Oak by staking. 1 L•1r1LESSC0L-1COE001-]A\Ccrrespondencct20 t 1.05-02 N1-13 Scope of Work Revised 6.23.11 decn Pu Page 3 of 17 the Pauihon. 9. The tennis court landscaping area has I dead Miss K im Lilac that must he removed and replaced. VI. Sanitary Sewer Improvements&Appurtenances Sanitary sewer improvements were reviewed for compliance with the approved subdivision improvement plans, the Standard Specifications far Water and Sewer Main Construction in Illinois,and the City Code. I. SMH-3L• The manhole has debris in the structure and must he cleaned. 2. SM1-1-3J The manhole is not adjusted to the proper elevation. It must be adjusted to match the surrounding grade,resealed and tested. 3. SMH-3L The manhole has debris in the structure and must be cleaned. 4. SMH-3Q The manhole has a torn chimney seal and must be replaced and tested. 5. SMH-3T The manhole has a leaking chimney seal. Replace the,chimney seal and test. 6. The following locations on Waterford Drive do not have an"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 posts installed at the termination of the sanitary service. The posts must he painted red and extend at least 36" above the ground. 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,and the City Cade. 1. Al] repaired storm sewer defects and corrective work shall he completed and re- televised(if required)prior to City review and approval. 2. MH-3-11 The manhole has debris in the structure and must be cleaned. 3. MH-3-10 The manhole and inlet basket have debris in them and must be cleaned out and the inlet basket removed. 4. C13-3-IOA The catch basin and inlet basket have debris in them and must be cleaned out and the inlet basket removed. 5. MH-3-9 The manhole has debris in the structure and must be cleaned.The bottom of the manhole is broken and must be repaired. 6. MH-3-8 The manhole has the wrong lid and the correct lid must be installed. The manhole has debris in the structure and must be iI:F1LCStCOE COt O01.3A1Cooespondence12011-05.02 NH 3 Scope oMWork Revised 6-23-11 deex fl/ Page 4 of 17 cleaned. The manhole frame is offset and must he 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. 8. CB-3-7A The catch basin has debris in the structure and roust he cleaned. 9. CB-3-7F The catch basin has debris in the structure and must be cleaned. 10. MH-3-6 The manhole frame is offset and must he 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 at the wrong elevation and must be adjusted to match the surrounding grade. 13.CB-3-23A The catch basin frame and rings were not mortared and must be mortared. 14. CB-3-23B 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 them and must be cleaned out and the inlet basket removed. 17. CB-3-22C The catch basin and inlet basket have debris in them and must be cleaned out and the inlet basket removed. 18. MH-3-25 The manhole rim is at the wrong elevation 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. MH-3-16 The manhole frame and rings are offset 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.CB-3-1A The catch basin and inlet basket have debris in them and must he cleaned out and the inlet basket removed. 23. CB-3-1B 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:IFILE51CUEWOUJ01-3Meorresponderuet2011-05-02 NH 3 Scope of Work Revised 6-23•I I.daex Page 5 0[17 25.CB-3-213 The 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 must 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 remove/replace a section of the fence in order to complete the work. 27. D13-3-6A The drain basin is offset and must be realigned accordingly. The drain basin has debris in it and must be cleaned. 28. DB-3-2I C The filter fabric in the drain basin is dmnaned and must be removed and replaced with an inlet filter basket. 29. CB-3-9A The catch basin is at the wrong elevation and must he adjusted to match the surrounding grade. 30.C13-3-8A 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. 31.M11-3-12 The manhole is blocked off to the North and must he cleaned out. 32.DB-3-7E The drain basin is cracked and must be repaired. The drain basin has debris in it and must he cleaned. 33. CB-3-7B The catch basin has debris in it and must be cleaned. 34.CB-3-7C The catch basin has debris in it and roust be cleaned. 35.CB-3-7D The catch basin has debris in it and must be cleaned. 36.DB-3-20 The mortar around the drain basin is damaged and 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-3-1C The area 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 he 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-3-2113 The catch basin has debris in it and must 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 must he cleaned. The filter fabric in the catch basin is damaged and must he removed and I r:l FILFSICOE1COE001-3A\Cortcspondcnec120 11-05-02 NH]Scope nrWork Heviscf A-2341 do:.x ( 1 Page 6 of 17 replaced with a new inlet filter basket.The mortar around the catch basin is damaged and must he 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 and must be cleaned. The drain basin is offset and must he realigned accordingly. 45. CB-3-19A The catch basin has debris in it and must he cleaned. 46. CB-3-1 8A The catch basin is offset and must be realigned accordingly_ The catch basin has debris in it and must be cleaned. 47. DB-3-17D The drain basin is located within the fenced backyard of a residence and must be cleaned and inspected. 48.CB-3-17C The pipes that run into the catch basin are not mortared properly and must be repaired. The catch basin is offset and must be realigned accordingly.The catch basin has debris in it and must be cleaned. 49. D13-3-4013 The drain basin has debris in it and must be cleaned. 50.DB-3-40C The drain basin has debris in it and must be cleaned. The drain basin has the wrong lid and the correct lid must be installed. 51. CB-3-40A The catch basin has debris in it and must be cleaned. The area around the catch basin is at the wrong elevation and must be graded appropriately. 52.The following sections of storm sewer have deficiencies that must he 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 11.10' from MI-1-3-8. This segment must be grouted.There is a crack from 7 to 5 o'clock in the pipe joint at 54.90' from MH-3-8. This must be repaired by lining. There is a service connection at 11 o'clock at 77.80' from 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.There is a service connection at 2 o'clock at 79.90' from 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 repairs are made, the segment must be re-televised. b. CB-3-7A to C13-3-7B The pipe is broken at 112.70' from CB-3-7A. This segment must be removed and replaced,then re-televised. c. MH-3-9 to CB-3-9A 11:1F(LGSICOE COE001.3ATorrespondcnec17011.05.02 NH 3 Scope orwurk Revised 1.23-1 I.docx Page 7 of 17 There is a service connection at 10 o'clock at 105.00' from MH-3-9, 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 this repair is made, the segment must be re-televised. d. MH-3-24 to C13-3-24A There is a severe offset at the pipe joint at 2.00' from MH-3-24. This segment must he removed and replaced,then re-televised. a. MH-3-24 to Ml1-3-23 The pipe is broken at 148.70' from MH-3-24. This segment must be repaired by lining,then re-televised. f Ml1-3-23 to MH-3-22 The pipe is broken at 51.50' from MH-3-23,This must section he 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 and all repairs are made, the segment must he re-televised, g. MH-3-16 to MH-3-15 The 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 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 C13-3-213.This segment must be grouted. Once all repairs are made, the segment must be re-televised. i. MI-I-3-19 to CB-3-19A The pipe is broken at the joint at 11.00' from MH-3-19. This segment must be repaired by lining.There is debris in the bottom of the pipe.This segment must 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 re- televised. j. CB-3-171 to CB-3-17C The pipe is broken at 97.60' from CB -1713. This segment must be removed and replaced. There is debris in the bottom of the pipe. This segment must be cleaned out. The video provided to TAI terminates at 100.10' from CB-3-17B, which gives an incomplete view of the pipe. Once the pipe is cleaned out and all repairs are made,the segment must be re-televised. H:1F1LESICOET01 f0t-3A1Correspondenec1201I-05.02 NH 3 Scope orMork Re{sod b-23-I Hoax Y" Page Sof17 k. DB-3.6C to D13-3-613—10"corrugated pipe The pipe is collapsing at 50.00' from Dt3-3-6C. This segment must be removed and replaced.Once the repairs are made,the segment must be re- televised. 1. 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 DI3-3-6B. This segment must he cleaned out. Once the pipe is cleaned out and all repairs are made,the segment must be re-televised. m. CB-3-7B to DB-3-7C There is debris in the pipe beginning at 18.50' from CB-3-7B. This segment must be cleaned out. There is a blockage in the pipe (Remove blockage) and the pipe appears to be broken at 59.80' from CB-3-7B (Remove this section of pipe and replace). The video provided to TM terminates at 59.80' From CB-3-713, 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. n. CB-3-25A to DB-3-25B The pipe is holding water at DB-3-25B.This segment must he cleaned out and re-televised. o. MH35 to MH-2-27 At 44.5' there is a hole at the joint. This segment must be removed and replaced,then cc-televised. p. DI3-3-8B to CB-3-8A The video provided to TAI was underwater during filming. This segment must be re-televised and any deficiencies repaired. q. DB-3-7C to DB-3-7D There is mud and debris in the pipe.This segment must be cleaned and re- televised. VIII. Water Main Improvements&Appurtenances Water main improvements were reviewed for compliance with the approved subdivision improvement plans, the Standard Specifications for Water and Sewer Main Construction in Illinois,and the City Code. 1. All fire hydrants in the subdivision have experienced fading, chipped or flaking paint, rust spots and are considered unacceptable. The hydrants must be sand HAF ILES1CORtCOE001-3AMCorrespondcncet2011-05.02 NH 3 Scope of Work Revised 5.23-It daex Page 9 0117 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. tit 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 I The auxiliary valve box is too high and must be adjusted to grade. 5. HYD-3-8 Cannot locate the auxiliary valve 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. l-IYD-3-6 Cannot locate the auxiliary valve and the nozzle 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. I-iYD-3-5 Cannot locate the auxiliary valve.Locate and realign the valve,and restore any disturbed areas with topsoil.seed and blanket:, 8. HYD-3-3 Cannot locate the auxiliary valve and the nozzle height is only 15". Locate the valve,adjust to grade, raise the hydrant to the required elevation, and restore any disturbed areas with topsoil, seed and blanket. 9. The undeveloped'lots (Lots: 125, 131, 143, 144, 151, 152, 153, 458, 164, 165, 166, 167, 182, 183,and 185)must have the 4"x 4" witness posts installed at the termination of the water service. The posts must be painted blue and extend at least 36"above the ground. 10.The following water services were identified as deficient and require corrective action along Wexford CourUDrive. 618 inscribe"W"into the 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. 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 and is located approximately 2' 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. H:FULEStCOLlCOa00 1.3A1Conespondencet2at 1-05.42 NH 3 Scope or Work Revised 6-23.1 I.docx IL, Page 10 or 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 and 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 areas with topsoil and seed. 581 Curb stop could not be keyed. Repair the curb stop and restore any disturbed areas with topsoil and seed. 4 585 Curb stop could not be keyed,has the wrong 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 keyed. Repair the curb stop and restore any disturbed areas with topsoil and seed. 589 Curb stop could not be keyed. Repair the curb stop and restore any disturbed areas with topsoil and seed. 593 Curb stop has the wrong manufacturer's lid on it; the lid must be replaced with the proper lid. 603 Curb stop could not be keyed. Repair the curb stop and restore any disturbed areas with topsoil and seed. 605 Curb stop is located approximately 2' behind the back of the sidewalk. Relocate the curb stop to the 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 areas with topsoil and seed. 609 Curb stop could not be keyed. Repair the curb stop and restore any disturbed areas with topsoil and seed. 611 Curb stop has a broken nut on the lid, could mot 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. I1:11•11JS1COL1COF 001-3A1Carrespondeneel2011.05-02 NH 3 Scope of Work Revised b23.1l decx • �tI Page 11 0117 613 Curb stop has the wrong lid and is located approximately 2' behind the back of the sidewalk. Relocate 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 the 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. I 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 The curb box,repair the curb stop,and restore any disturbed areas'with topsoil and 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 areas 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 to 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 elevation and restore any disturbed areas with topsoil and seed. 3000 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. 12.The following water services were identified as deficient and require corrective action along Watcrfbrd Drive. 574 Inscribe "W" into the concrete curb in front of the water service box. Curb stop 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. 1 J;1FlLEStCOft COGO01-3A1Correspaiulercct3.0I 1.05.02 NH 3 Scope of Wort Revised 6-13.1 1 dnct • 1 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"Vs'" 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 Killarny 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 arty 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. IX. Street Signage Street traffic signage was reviewed for compliance with the approved subdivision improvement plans in -which sign locations and a typical construction detail was provided. Street identification signs were reviewed for compliance with the subdivision improvement plans as well as the City Code. All defects and failures listed below must be corrected prior to final acceptance of the subdivision. Restoration of landscaping due to corrective action shall he included. 14:1 111.hs;come ortvi-Worrespnndeuce011-05-02 N11 3 Senpe nrlynrk Revised 6.23.1 I.doex 'v 1 Page 13 of(7 I. The `STOP' sign on Londonderry Drive at its intersection with Shamrock Circle is missing and must be installed. X. Roadway Roadway improvements were reviewed for compliance with the approved subdivision improvement plans,the Standard Specifications for Road and Bridge Construction of the Illinois Department of Transportation, and the City Code. All defects and failures must he corrected prior to placement of hot-mix asphalt surface course. I. The roadways in Neighborhood 3 have an asphalt ramp at the curb line that must be removed before the surface course of asphalt can be installed. Once the asphalt ramp is removed, the area along the curb line will need to be reviewed for any additional damage caused by the completion contractor that would require removal/replacement of the curb. 2. All the roadways in Neighborhood 3 must have the surface course of hot-mix asphalt installed as showed on the approved engineering plans. The existing roadways must be prepared/paved in accordance with the 1DOT Standard Specifications for Road and Bridge Construction. The contractor is responsible for providing material testing for all asphalt paving work in accordance with the 10OT HMA-Plant Test Frequency and HMA-QC/QA Acceptance Criteria to the City of Elgin. 3. All structures located in the pavement must he properly adjusted to the slope and grade of the surface course of asphalt. 4. The following sections of concrete curb and gutter at the addresses and locations provided were found to be deficient and in unacceptable condition. Each section of curb and gutter listed below must be removed and replaced utilizing full depth saw-cuts,dowel bars, and proper forming and finishing techniques in accordance with the Standard Specifications and City code. 'fhe Contractor is responsible for providing PCC material testing in accordance with the Standard Specifications and the testing results must be submitted to the City. Any disturbed areas must be restored with topsoil and seed. a. Wextbrd Court/Drive 580 13' 584 9' 586 26' 588 19' 590 10' 592 6' 594 5' 598 9' 11:1FILESICO[ C OE0013A1Conespondonecl70t 1.05-0I NH 3 Scope of Work itevisrgl 6-23.I I docx 11 Page 14 of 17 • 604 17' 610 14' 614 32' 616 41' 615 4' 613 27' 609 5 607 5' 605 20' 603 6' 593 30' 591 4' 587 • lb' 585 17' 583 6' 581 15' 537 125' Lot 80 61' b. Killarny Drive 2886 18' 2894 7' 2898 5 2897 137' 2893 5• 2889 5' 2885 13' c. Shamrock Circle 2988 15' 2986 16' 2984 6' Center Park 108' 2980 15' 2978 12' ft FSLCStCOMCOLC(H-3AtCnrr spondeneet2011.05.02 Mt 3 Scope of Wark Revised 6.23-11.ducx frV Page 15 or 17 2976 19' 2972 33' 3000 16' 2998 10' 2996 11' 2992 5' Xl. Sidewalk I. The following sections of concrete sidewalk at the addresses and locations provided were found to be missing or deficient and in unacceptable condition. Each section of sidewalk listed below must be removed and replaced utilizing proper forming and finishing techniques in accordance with the Standard Specifications and the City Code. The Contractor is responsible for providing PCC material testing in accordance with the Standard Specifications and the testing results must be submitted to the City. Any disturbed areas must be restored with topsoil and seed. a. Wexford Court/Drive 582 25sf 606 50sf 612 100s f 614 125sf 616 125sf 618 25sf 613 75sf 587 25sf 537 50sf b. Ki!larny Drive 2886 50sf c. Shamrock Circle 2988 50sf Center Park 100sf 2982 25sf H ILe91 COL•1C01100t-3n Curccspondcnec12OI 1.05-02 NH 3 Scope of Work Revised 6-23-11.doss Page 16 of 17 2. The fallowing undeveloped lots do not have sidewalks installed: Lots 125, 131. 143, 144, 151, 152, 153, 158, 164, 165, 166, 167, 182, 183, and 185. The sidewalks on these lots must be installed as per approved engineering drawings. The right-of-ways require 4" of topsoil installed and graded per the approved engineering plans. Class IA, seed, fertilizer and blanket must he installed in the right-of-way*The Contractor is responsible for providing PCC material testing in accordance with the Standard Specifications and the testing results must be submitted to the City. *and the completion contractor is required to t�ter such.restrjr d areas as necessary until ie r ss 3. The following sidewalks have fiandi SpVramps that were found to have slopes greater than allowed per the current AIDA Code(1:12). These sidewalks must be removed and replaced utilizing proper forming and finishing techniques in accordance with the Standard Specifications and the City Code. The Contractor is responsible for providing PCC material testing in accordance with the Standard Specifications and the testing results must be submitted to the City. Any disturbed areas must be restored with topsoil and seed. a. NW corner of the intersection of Londonderry Drive and Wexford Drive— Sidewalk running East-West has a slope of about 13.5%. b. SE corner of the intersection of Londonderry Drive and Lismore Circle— Sidewalk running East-West has a slope of about 9.8%. c. SW corner of the intersection of Londonderry Drive and Lismore Circle Sidewalk center square has a slope that exceeds 8.6%. d. NE corner of the Western intersection of Shamrock Circle and Waterford Drive—Sidewalk running.North-South has a slope of about 9.0%. e. NW corner of the intersection of Shamrock Circle and Londonderry Drive Sidewalk running North-South has a slope of about 9.6%. f. NW corner of the Eastern intersection of Shamrock Circle and Waterford Drive—Sidewalk running North-South has a slope of about 10.7%and has a broken square.Sidewalk running East-West has a slope of about 10.5%. g. SW corner of the intersection of Wexford Drive and Killarny Drive— Sidewalk running East-West has a slope of about 14.9%. XII. Driveway Aprons 1. The following driveway aprons are damaged and must be removed and reconstructed at the following locations: 612 Wexford Drive 614 Wexford Drive 616 Wexford Drive 2976 Shamrock Circle I I Fn.EStCOt1C OEIXn-3AtCortespondencit2Ol t-05-02 NH 3 Scopc or Work Ihvucd 6-23-I I.Iocx 'v Page 17 of 17 XI11. Traffic Control Once the final surface course of asphalt has been constructed. final pavement markings must be installed by the Contractor in accordance to the approved engineering plans. XIV. Acceptance by the City Council The acceptance of the required improvements shall be made only after all the items listed above have been completed and all disturbed areas restored as provided in this scope of work. The following items must be provided to the City Engineer by the developer immediately after all cf the ahavementioned improvements have been completed. The retraining items shall be Submitted in one transmittal including a cover letter indicating the contents: Final Waivers of Lien -(only from completion contractor) Maintenance Guarantee(1 year LOC or bond)-(only from completion contractor) • H:I FILESICOEtCOE001-3A1Conespondence\2011-05-02 NH 3 Scope of Work Revised 6-23.11 doce , 1 ' i C r[a„ A l-ZQTr 1!I and— ASSOCIATES,INC. ENGINEERS AND SURVEYORS February 1,2011 Mr.Michael Hall,P.E. City of Elgin 150 Dexter Court Elgin,Illinois 60120 RE: Waterford Subdivision-Neighborhood 3 Re-televised Sewer pipe review/comments Dear Mr.Hall: As per your request,of the above-referenced Subdivision,Trotter and Associates,Inc.(TAI),has reviewed the Sewer pipe DVD's and reports issued from Jack Murphy dated January 11;2011 The following sewer sections were submitted/reviewed.Listed below are the items submitted for review;TA I's review comments follow each item in bold. VI Item 7a. has been cleaned and re- Acceptable _ televised. VII Item 58a. MH-3G to CI3 3-9A No televised report supplied for this pipe should be labeled MH 3-8 to 3-8A section. (mistyped on the original report) VII Item 58E Cleaned and re-televised. Acceptable Vii Item 58k. Re-televised. Pipe has deflection/angle point at 258.6'. This is not indicated in the hardcopy of this 1 pipe section. This section of pipe must be replaced and re-televised. VII Item 58p. Cleaned and re-televised. Acceptable VII Item 58q. Cleaned and re-televised. Acceptable VII Item 58r. Cleaned and re-televised. Acceptable VII Item 59a. Re-televised,Utility flag Acceptable jetted to catch basin and removed VII Item 59b. Re-televised,stick Acceptable removed from pipe. 40WZOI Wasco Road Suite D • St.Charles,Illinois 69175 • Phone 630/587-0470 • Fax 630/587-0475 Exhibit 2 Pv Mr.Michael Hall,P.E. City or Elgin Waterford Subdivision--Neighborhood 3 Re-televised Sewer pipe review/comments February I,207 1 Page 2of5 VI! item 58s. Re-televised.(Not Pipe has sagged at S2.8'. This Is not included on submittal letter) indicated in the hardcopy of this pipe section, This section of pipe must be replaced and re-televised. VII 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 must be removed from the invert of this pipe run and er-televised. The following is a list of items from the"Waterford Subdivision—Neighborhood 3 Revised Acceptance Review No. 1"Letter dated December 20,2010.These items will need to be re- televised 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 finals,the City Code, 58.The following sections of storm sewer have deficiencies that must he addressed as instructed. a. MH-30 to CB-3-9A(Should be labeled as MH 3-8 to CB 3-8A) There is a moderate offset in the pipe joint at 11.10' from MH-3G. 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 lining.There is a service connection at II o'clock at 77.80' from MH-30, and this connection should be removed, the penetration repaired, and connection made to the appropriate storm water structure as per the approved engineering drawings.There is a service connection at 2 o'clock at 79.90' from MH-30, 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 repairs are made, the segment must be re-televised. b. CB-3-7A to CB-3-7B The pipe is broken at 112.70' from CB-3-7A. This segment must be removed and replaced, then re-televised. (Removal/Replace/TV by Arch) Mr,Michael Hall,P.E. City of Elgin Waterford Subdivision-Neighborhood 3 Re•ielevised Sewer pipe review/comments February 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 removed, the penetration repaired, and connection made to the appropriate storm water structure as per the approved engineering drawings. Once this repair is made, the segment must be re-televised. (Removal/Replace/TV by Arch) c. MI1-3-24 to CB-3-24A There is a severe offset at the pipe joint at 2.00' from MH-3-24. This segment must be removed and replaced, then re-televised. (Removal/Replace/TV by Arch) d. 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. e. M14-3-23 to MH-3-22 The pipe is broken at 51.50' from MH-3-23,This must suction 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 TA1 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 The 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 broken 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-3-17B to CB-3-17C The pipe is broken at 97.60' from CB-3-17B. This segment must be removed and replaced. There is debris in the bottom of the pipe. This segment must be cleaned out. The video provided to TAI terminates at 100.10' from CB-3-17B, which gives an incomplete view of the pipe. Once the pipe is repaired and cleaned out, the segment must be re- televised. (Arch to clean/TV) Mr.Michael Hall,P.E. City of Elgin Waterford Subdivision—Neighborhood 3 Re-televised Sewer pipe review/comments February 1,201'1 Page 4o(5 i. DB-3-6C to DB-3-6B—JO" corrugated pipe The pipe is collapsing at 50.00' From DB-3-6C. This segment must be removed and replaced. (dig up/repair/1'V 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 DE-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 DB-3-7E There is a blockage in the pipe at 32.50' from CB-3-7B. (Remove)This segment must be cleaned out. The video provided to '1.'A1 terminates at 32.50'from 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. CB-3-7B to DB-3-7C There is debris in the pipe beginning at 18.50' from C13-3-7B. This segment must be cleaned out.Them is a blockage in the pipe and the pipe appears to be broken at 59.80' from CB-3-7B. This must be removed, repaired and cleaned out.The video provided to TA! terminates at 59.80' from CB-3-7B,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. M1335 to M11.2-27 At 44.5' there Is a hole at the joint, this section must be removed/replaced and televised by Arch. a. DB-3-8B 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-3-7D There is mud and debris in the pipe.This segment must be cleaned and re- televised. Mr.Michael Hall,P.E. City of Elgin Waterford Subdivision-Neighborhood 3 Re-televised Sewer pipe review/comments February 1,2011 Page 5ofS If you have any questions or concerns,please contact me at 630-587-0470 Sincerely, TROTTER ANIy-kS 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. " f Supplements!Conditions SCOP1a. These Conditions amend or supplement the Insurance Requirements and other provisions of the Contract Documents as indicated herein. All provisions which are not so amended or supplemented remain in full force and effect. Each policy must list the City as an additional insured. The Contractor and all Subcontractors waive subrogation rights against the City for all losses. Such insurance shall apply as primary insurance with respect to any other insurance or sell-insurance program afforded to the City of Elgin. There shall be no endorsement or modification of such insurance to make it excess over other available insurance,and alternatively,if the insurance states that it is excess or pro rata,it shall be endorsed to be primary with rcspcct to the City of Elgin. The insurance required shall include all major division of coverage and shall be on a comprehensive general basis including Premise and Operations(including X-C-U),Products and Completed Operations,and Owned,Non-owned, Leased,and Hired Motor Vehicles.Such insurance shall be written for not less than any limits of liability required by law or the following limits,whichever are greater. Commercial Liability General Aggregate 52 Miliion Products Completed Operations Aggregate SI Million Personal Injury and Advertising Limit St Million Each Occurrence Si Million Automotive-for all owned,non-owned,hired and leased vehicles Combined single limit Si Million or Bodily injury- each person 5500,000 each accident SI Million Property damage-each occurrence S I Million Umbrella Combined single limit $2 Million Genera)aggregate $2 Million Worker's Compensation Statutory $1 Million Employer's Liability $100,000 Builder's Risk S N/A The Contractor may purchase and maintain excess liability insurance in the umbrella form In order to satisfy the limits of liability required for the Insurance to be purchased and maintained in accordance with the requirements set forth above. Any such amounts must be in addition to the umbrella limits required,must list all underlying policies, and must list the City as an additional insured. Evidence of such excess liability shall be delivered to the City in the same form and manner as the required insurance policies. The City reserves the right,at its sole discretion,to amend the insurance requirements contained herein. All insurance shall be written on an occurrence basis,unless the City approves in writing coverage on a claims-made basis, Coverages whether written on an occurrence or a claims-made basis shall be maintained without interruption from the date of commencement of the Work until the date of final payment and termination of any coverage required to be maintained slier final payment. Certificates of Insurance acceptable to the City and confirming the insurance coverage required herein are attached to the Contract. The City shalt have no obligation to execute the Contract and may award the Contract to the next lowest responsible and responsive bidder,If such insurance certificates have not been provided to the City within five (5)business days after presentation of the Contract to the Contractor for execution. The Contractor shall furnish to the City copies of any endorsements that arc subsequently issued amending limits of coverage. Exhibit 3 FIDELITY AND DEPOSIT COMPANY OF MARYLAND Increase Bond Penalty Rider To be attached to and form a part of Bond No.09013544 Effective:August 23,2011 Bond Amount: $188,119.49 Principal: Orange Crush,L.L.C. 321 Center Street,Hillside,IL 60162 Surety: Fidelity and Deposit Company of Maryland 1400 American Lane,T1-13,Schaumburg,IL 60196-1056 Obligee: City of Elgin 150 Dexter Court,Elgin,IL 60120 Project: Waterford Subdivision—Neighborhood 3 in consideration of the mutual agreements herein contained,the Principal and Surety hereby consent to: Effective September 15,2011,the penal sum of this bond is hereby increased from: $188,119.49 to $309,159.49 Nothing herein contained shall vary,alter or extend any provision or condition of this bond except as herein expressly stated. Signed and Sealed: September 15,2011 Orange C sh,L.L.C.Princip:By: -,,'ri dI O r mg. s- ,c4 /..si,"1"'r Fidel' a d Deposit Company of Maryland urea By: �7t-7 . /1- z� Bbnnie Kruse,Attorney-i act Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,corporations of the S aryland,by DAVID S. HEWETT,Vice President,and GERALD F.HALEY,Assistant Secretary,in our a + %,ranted by Article VI, Section 2,of the By-Laws of said Companies,which are set forth on t� ' gds.+, t,• ' ' o n� i. 'f reby certified to he in full force and effect on the date hereof,does hereby nomin• +i= ���( po r '�, elly A.GARDNER, Stephen T.KAZMER,Bonnie KRUSE,Jenni �� ""i P , �+j�'rt, f��'7 i, a 7/: a r .0111" es I.MOORE,Dawn L. MORGAN,Melissa SCHMIDT and at« , l r ;, . 4 io , EACH its true and lawful agent and Attorney-in-Fact,to make, 'c sQt e , + b all'as surety,and as its act and deed: any and all bonds and unde C�. t+ xec _ vii. an., or undertakings in pursuance of these presents,shall be as binding upon said Cr to• . rr'�,,+ , to all intents and purposes,as if they had been duly executed and acknowledged by th a@ f" -1 ' officers of the Company at its office in Baltimore,Md.,in their own proper persons. This power of attorn 's that issued on behalf of Peggy FAUST,Kelly A.GARDNER,Stephen T.KAZMER,Bonnie KRUSE,Jennifer J.MCCOMB,Elaine MARCUS,James I.MOORE,Dawn L.MORGAN,Melissa SCHMIDT,Irene DIAZ, dated May 27,2008. The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY,AND SURETY COMPANY,this 28th day of August,A.D.2009. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY rU°teas, C a t�, air BEAL no At //h, CI By: Gerald F. Haley Assistant Secretary Duvid S. Hewett Vice President State of Maryland ss: City of Baltimore On this 28th day of August, A.D. 2009, before the subscriber, a Notary Public elf the State of Maryland, duly commissioned and qualified,came DAVID S. HEWETT, Vice President, and GERALD F. HALEY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to he the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposelh and saith,that they are the said officers of the Companies aforesaid.and that the seals affixed to the preceding instrument is the Corporate Seals of said Companies,and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. •'''',,Minn,`'• Constance A. Dunn Natant'Public My Commission Expires: July 14,2011 POA-F 036-0013A STATE OF ILLINOIS } } COUNTY OF DU PAGE } On September 15, 2011, before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Bonnie Kruse, known to me to be Attorney-in-Fact of Fidelity and Deposit Company of Maryland, the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation,and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal,the day and year stated in this certificate above. My Commission Expires March 29,2012 f !. Notary Public—Dawn L." organ OFFICIAL SEAL DAWN L MORGAN I NOTARY PUBLIC-STATE OF ILLINOIS I MY COMMISSION EXPIRES:03/29112