11-92 Resolution No. 11-92
RESOLUTION
AUTHORIZING EXECUTION OF A SETTLEMENT AGREEMENT
WITH ARCH INSURANCE COMPANY REGARDING THE
WATERFORD SUBDIVISION PERFORMANCE BONDS
(Neighborhood 2 and Neighborhood 3)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that
David J. Kaptain,Mayor,and Jennifer Quinton,Acting City Clerk,be and are hereby authorized and
directed to execute a Settlement Agreement with Arch Insurance Company on behalf of the City of
Elgin regarding the Waterford Subdivision performance bonds relating to Neighborhood 2 and
Neighborhood 3, a copy of which is attached hereto and made a part hereof by reference.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: May 25, 2011
Adopted: May 25, 2011
Vote: Yeas: 6 Nays: 0
Attest:
s/Jennifer Quinton
Jennifer Quinton, Acting City Clerk
SETTLEMENT AGREEMENT
This Settlement Agreement is made by and between the City of Elgin, Illinois ("Elgin"),
and Arch Insurance Company("Arch")this30 day of June, 2011.
RECITALS
WHEREAS, Kimball Hill Homes, Inc. ("Kimball Hill") undertook to develop certain real
property in Elgin, Illinois ("EIgin"), 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 bonds
issued by Arch,as surety:
A. Bond No. SU5020813 dated July 24, 2006, in the amount of
$1,727,894.30 pertaining to certain improvements in Neighborhood 2 of
the Waterford Subdivision(the "N2 Bond");
B. Bond No. SU5019730 dated March 10, 2006, in the original amount of
$1,437,015.36, which amount was subsequently reduced to $617,819.20
on January 30, 2008, pertaining to certain improvements in
Neighborhood 3 of the Waterford Subdivision(the "N3 Bond");
C. Bond No. SU5022602 dated March 8, 2007, in the amount of
$1,439,927.28 pertaining to certain improvements in Neighborhood 1 of
the Waterford Subdivision(the`NI 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 N1 Bond, the N2 Bond, and the N3 Bond(collectively,
the"Arch Bonds");
WHEREAS, Arch undertook an investigation of the claims asserted by Elgin under the
Arch Bonds, which investigation was conducted under a full reservation of rights;
WHEREAS,Elgin and Arch have not been able to settle or resolve claims under the Arch
Bonds relating to requirements imposed by the Army Corps of Engineers under Permit
No. 200300522, which Elgin contends and Arch disputes includes the mitigation plan prepared
by Raisanen and Associates as also identified in the storm water pollution prevention plan
included in the approved Engineering plans prepared by Manhard Consulting for Waterford
Subdivision (the "Wetland Mitigation Issue");
WHEREAS, Elgin and Arch have not been able to settle or resolve claims under the N 1
Bond relating to Neighborhood 1; and
WHEREAS, Elgin and Arch have agreed to settle all other issues involving the N2 Bond
and the N3 Bond, in accordance with the terms and conditions set forth in this Settlement
Agreement.
AGREEMENT
In consideration for the above-stated Recitals, which are incorporated herein by
reference, and for other good and valuable consideration, the receipt and adequacy of which are
acknowledged, Elgin and Arch agree as follows:
A. Bond No.SU5020813("N2 Bond")
1. Arch shall pay to Elgin within ten(10) days of the execution of this Settlement
Agreement the sum of Seven Hundred Thousand ($700,000.00) Dollars in full satisfaction of all
obligations under the N2 Bond, except for claims by Elgin relating to the Wetlands Mitigation
Issue, which claims and issues are fully reserved.
2. Upon receipt of the aforesaid payment of$700,000.00, Elgin shall deliver to Arch
a duly executed Release of all claims under the N2 Bond, a copy of which Release is attached
hereto as Exhibit A. The Releases to be exchanged by Elgin and Arch set forth in Exhibits A and
C hereto are intended and shall be construed as reciprocal and the executed Releases shall be
simultaneously exchanged by the parties. The Release shall include all claims that Elgin might
assert with respect to the Cl Retention Basin, as indicated on the relevant Engineering Plans
prepared by Manhard Consulting, but the Release will not extend to any matter involving the
Wetlands Mitigation Issue.
3. Arch and Elgin reserve all rights, remedies and defenses with respect to all claims
relating to the Wetlands Mitigation Issue.
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i
4. Within ten(10) days of the execution of this Settlement Agreement, Arch shall
pay Five Thousand ($5,000.00) Dollars to Elgin as a contribution toward the estimated
engineering fees of HLR regarding the Wetlands Mitigation Issue pursuant to the HLR proposal
attached hereto as Exhibit B. It is specifically understood that by making this contribution,Arch
does not admit to any liability regarding the Wetlands Mitigation Issue and reserves all rights and
defenses, and Elgin reserves all rights, remedies and claims involving the Wetlands Mitigation
Issue upon receipt of that payment.
5. Elgin may use the aforesaid payment of$700,000.00 in any manner that it deems
appropriate, and in its sole discretion, with respect to improvements, costs and expenses in
connection with the Waterford Subdivision, including South Street, which improvements, costs
or expenses are not necessarily limited to Neighborhood 2.
6. Elgin assigns to Arch its rights and remedies that it may have against Kimball Hill
with respect to the Neighborhood 2 improvements, but only to the extent of the payments made
by Arch and allocated to the N2 Bond hereunder. Arch agrees not to assert claims, including lien
claims, against any party or entity(other than against Kimball Hill) with respect to the payments
made by Arch and allocated to the N2 Bond hereunder.
7. Upon making the aforesaid payment of$700,000.00, Arch shall also release all
claims that it might have against Elgin with respect to Neighborhood 2 by delivering to Elgin the
duly executed Release, a copy of which is attached hereto as Exhibit C. The Releases to be
exchanged by Elgin and Arch set forth in Exhibits A and C hereto are intended and shall be
construed as reciprocal and the executed Releases shall be simultaneously exchanged by the
parties.
8. The penal limit of the N2 Bond shall be reduced from $1,727,894.30 to
$500,000.00, which reduced amount shall be the maximum liability of Arch with respect to the
Wetlands Mitigation Issue under the N2 Bond.
B. Bond No.SU5019730("N3 Bond")
9. On or before July 15, 2011, Arch shall tender to Elgin one or more contractors
(the "N3 Contractor") acceptable to Elgin that will perform and complete all of the work
identified on the punchlist prepared by Trotter and Associates, Inc.,dated Revised 6/23/11, which
is attached hereto as Exhibit D (hereinafter referred to as the "N3 Punchlist"). If more than one
contractor is used, the work will be divided by type, such as paving, sewers, landscaping or
playground, and each N3 Contractor will sign a Completion Agreement and the N3 Punchlist for
purposes of such Completion Agreements will be marked up to reflect which portion of the N3
Punchlist Work the Subject N3 Contractor in question will be performing under the particular
completion contract. Notwithstanding the foregoing, or anything else to the contrary in this
Agreement, Arch shall not tender to Elgin more than five (5) N3 Contractors and regardless of
the number of N3 Contractors tendered by Arch to Elgin, all of the N3 Punchlist Work shall be
performed and completed under the completion contracts to be entered into with the N3
Contractors.
10. Within fourteen (14) days of Arch having tendered to Elgin the N3 Contractor(s)
acceptable to Elgin as provided in the preceding Paragraph 9, Elgin, Arch and the N3
Contractor(s) shall execute a Construction Completion Agreement(s) substantially in accordance
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with the form attached hereto as Exhibit E(the"N3 Completion Agreement")with respect to the
completion of the N3 Punchlist.
11. Upon execution and delivery of the N3 Completion Agreement(s),Arch shall pay
to Elgin the amount(s)to be paid to the N3 Contractor(s) under the N3 Completion Agreement(s)
(collectively the"N3 Completion Payment").
12. Except for additional sewer defects discovered from the televising set forth in
Paragraph 4 of the N3 Completion Agreement,Arch shall not be obligated to pay any amount in
addition to the N3 Completion Payment for defective or deficient work previously performed by
Kimball Hill with respect to Neighborhood 3,it being understood that the N3 Punchlist identifies
all of the defective and deficient work previously performed by Kimball Hill in Neighborhood 3.
13. The N3 Contractor(s) shall warrant all of its work performed pursuant to the N3
Completion Agreement (the "N3 Warranty Work") for a period of one year from the date of
Substantial Completion,as reasonably determined by Elgin's Engineers.
14, The N3 Contractor(s) shall complete all of the improvements set forth in the N3
Punchlist in accordance with the following procedures:
A. When the N3 Contractor(s) has substantially completed its work, it shall deliver
the following to Elgin's Engineers: as-built drawings of such work signed and
sealed by an authorized professional engineer; storm sewer television testing
results for any sections required to be repaired or televised under the N3 Punchlist
or pursuant to Paragraph 4 of the N3 Completion Agreement; and a letter from
Manhard Consulting as the design engineer, or such other engineer that is
acceptable to Elgin, 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 of the herein referenced as-built drawings
or sewer tapes, will be compiled into a punchlist letter and forwarded to the N3
Contractor(s) for completion or correction.
C. When the N3 Contractor(s) corrects any deficiencies and completes all its 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 herein referenced as-
built drawings, the N3 Contractor(s) must submit such as-built drawings in
electronic format along with mylar copies of the approved as-built drawings.
E. After completion of the above items, and upon approval by Elgin's engineers,
EIgin will accept the improvements.
15. The N3 Completion Contractor(s) shall commence work within thirty(30) days of
executing the N3 Completion Agreement(s), and shall diligently prosecute the work until
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completed. The N3 Completion Contractor(s) shall substantially complete the N3 Punchlist
Work by October 15, 2011; and shall achieve final completion and acceptance by November 30,
201 L The N3 Completion Agreement(s) shall provide for liquidated damages of$200.00 per
day if any of these dates are not met, absent any legally sufficient justification or excuse. The
N3 Completion Agreement(s) shall include a provision that states that these liquidated damages
are a reasonable estimate of Elgin's damages for delay and are not a penalty. The N3
Completion Agreement(s) shall also provide that if Elgin delays the N3 Contractor(s), then the
N3 Contractor(s) is entitled to an extension of time but no damages.
16. The N3 Contractor(s) 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(s), which bonds shall be issued by a surety acceptable to Elgin (the "N3
Completion Bond(s)"). The scope of coverage under N3 Completion Bond(s) shall also extend
to the N3 Warranty Work. The N3 Contractor(s) shall be responsible to pay the premiums
relating to the N3 Completion Bond(s) which amounts for same shall be included in the
respective N3 Completion Payment(s).
17. The N3 Contractor(s) shall pay prevailing wages for the work performed pursuant
to the N3 Completion Agreement(s). The N3 Contractor(s) shall also submit certified payrolls
and lien waivers from all subcontractors and suppliers with each Pay Application. The N3
Contractor(s) shall also submit a Certificate of Insurance naming Elgin, its agents, and TRG as
additional insured.
18. With respect to grading and topsoil of the fifteen (15) lots conveyed by Kimball
Hill, or its successor, to TRG Venture Two, LLC by Special Warranty Deed recorded on May 10,
2010, the N3 Contractor(s) shall place four inches (4") of topsoil and seed and blanket on the
parkway(from sidewalk to the curb)and shall grade the area immediately behind the sidewalk to
meet the grade of the sidewalk. The N3 Contractor(s) shall have no responsibility to grade, sod
or seed any other portion of the aforesaid vacant lots.
19. Upon execution and delivery of this Settlement Agreement, Arch shall pay to
Elgin the sum of$36,014.00,representing fifty(50%)percent of the engineering fees incurred by
Trotter for the period from the completion of the N3 Punchlist through March 4, 2011, as
evidenced by the invoices rendered by Trotter to Elgin. Arch has previously paid $19,264.70 to
Trotter for Engineering Fees in preparing the N3 Punchlist. Except as provided in this
Paragraph, Paragraph 20 and with respect to the Wetlands Mitigation, Arch shall have no liability
for further engineering expenses incurred by Elgin in connection with Neighborhood 3.
20. Upon execution and delivery of the N3 Completion Agreement, Arch shall pay to
Elgin an amount equal to five (5%) percent of the N3 Completion Payment for engineering fees
which will be incurred by Trotter or any other independent engineers retained by Elgin with
respect to the work performed pursuant to the N3 Completion Agreement (the "Engineering Fee
Deposit"). Upon expiration of the warranty period under the N3 Completion Agreement, Elgin
shall render to Arch an accounting, together with invoices and canceled checks, of the
Engineering Fees with respect to the N3 Completion Agreement. Elgin will represent to Arch
that such invoices have been paid. Compensation paid to engineers directly employed by Elgin
shall not be included as part of the Engineering Fees. In the event the Engineering Fees are less
than the Engineering Fee Deposit, Elgin shall remit the remaining amount to Arch. Arch shall
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have no liability for Engineering Fees in connection with the N3 Completion Agreement which
exceed the Engineering Fee Deposit.
21. Upon delivery to Elgin of the executed N3 Completion Agreement, the N3 Bond,
the N3 Completion Payment, and the payment of the Engineering Fees as set forth in Paragraphs
19 and 20 above,Elgin shall deliver to Arch a duly executed Release, a copy of which is attached
as Exhibit F. The Release will extend to all obligations of Arch under the N3 Bond, including
any obligations regarding the C1 Retention Basin, but the Release will not extend to any matter
involving the Wetlands Mitigation Issue. Elgin and Arch reserve all rights, remedies and
defenses with respect to the Wetlands Mitigation Issue in connection with the N3 Bond. Arch
shall also deliver to Elgin a Release of its claims in connection with Neighborhood 3, a copy of
which Release is attached hereto as Exhibit G. The Releases to be exchanged by Elgin and Arch
set forth in Exhibits F and G hereto are intended and shall be construed as reciprocal and the
executed Releases shall be simultaneously exchanged by the parties.
22. The N3 Bond has been previously reduced from the original limit of
$1,437,015.36 to $617,819.20 by Rider dated January 30, 2008. Except as provided in
Paragraph 23 hereof, the penal limit of the N3 Bond shall be further reduced by the amount of
the N3 Completion Payment; by the amount of Engineering Fees paid by Arch for the Punch List
prepared by Trotter; by the amount paid by Arch for Engineering Fees pursuant to Paragraphs 19
and 20 of this Settlement Agreement, and by the amount allocated to Neighborhood 3 pursuant to
Paragraph 26 hereof.
23. In the event Arch is unable to tender to Elgin one or more N3 Contractor(s)
acceptable to Elgin that will perform and complete all of the work identified on the N3 Punchlist
for a total N3 Completion Payment within the penal limits of the N3 Bond,then, in lieu of Elgin,
Arch and the N3 Contractor(s) entering into the N3 Completion Agreement as provided in
Paragraphs 9 through 21 hereof,Arch shall pay to Elgin on or before July 15, 2011, the amount
of the penal limit of the N3 Bond in the current amount of $617,819.20 less the amount of
engineering fees previously paid by Arch for the punchlist prepared by Trotter, and less the
amount allocated to Neighborhood 3 pursuant to Paragraph 26 hereof. Upon receipt of the
aforesaid payment of the amount of the penal limit of the N3 Bond,Elgin shall deliver to Arch a
duly executed release, a copy of which is attached hereto as Exhibit H. The release will extend
to all obligations of Arch under the N3 Bond, including any obligations regarding the C-1
Retention Basin. Arch shall also deliver to Elgin a release of its claims in connection with
Neighborhood 3, a copy of which release is attached hereto as Exhibit G. The Releases to be
exchanged by Elgin and Arch set forth in Exhibits G and H hereto are intended and shall be
construed as reciprocal and the executed Releases shall be simultaneously exchanged by the
parties. Elgin may use the aforesaid payment of the penal limit of the N3 Bond in any matter
that it deems appropriate, and in its sole discretion, with respect to improvements, costs and
expenses in connection with the Waterford Subdivision, including South Street, which
improvements,costs or expenses are not necessarily limited to Neighborhood 3.
24. Elgin assigns to Arch its rights and remedies that it may have against Kimball Hill
with respect to the Neighborhood 3 improvements, but only to the extent of the payments made
by Arch with respect to the N3 Bond, as set forth herein. Arch agrees not to assert claims,
including lien claims, against any party or entity (other than Kimball Hill) with respect to the
payments relating to the N3 Bond.
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C. Bond No.SU5022602(11141 Bond")
25. Elgin and Arch have not been able to reach a settlement on any issue regarding
the N1 Bond which relates to certain improvements in Neighborhood 1 of the Waterford
Subdivision. Therefore, Elgin and Arch reserve all of their respective rights, remedies and
defenses with respect to the N1 Bond and with respect to all matters relating to Neighborhood 1
of the Waterford Subdivision, including the Wetlands Mitigation Issue. Nevertheless, the penal
limit of the NI Bond shall be reduced by the amount allocated to Neighborhood 1 pursuant to
Paragraph 26 hereof.
D. Miscellaneous Provisions
26. Upon execution and delivery of this Settlement Agreement,Arch shall provide to
Elgin evidence of payment to the contractor that cleaned and videotaped the sanitary and storm
sewers, as provided in the letter agreement dated June 29, 2010. Arch shall also provide to Elgin
evidence of the payment in the amount of$16,317.00 to Hampton, Lenzini and Renwick, Inc.
("HLW')pursuant to the amendment of October 6, 2010 to the letter agreement of June 29,2010.
Arch shall also provide to Elgin a statement allocating these payments and the amount paid to
Trotter for the N1, N2 and N3 Punchlists to the respective Arch Bonds. The penal limits of the
Arch Bonds shall be reduced accordingly.
27. This Settlement Agreement contains the entire understandings and agreements of
the parties hereto with respect to the subject matter hereof. All oral or written agreements prior
to the effective date of this Settlement Agreement and which relate to this Settlement Agreement
and the matters set forth herein are declared null and void. Any modification of this Settlement
Agreement must be made in writing and executed by the parties hereto.
28. Any notice related to this Settlement Agreement shall be deemed made if either
party emails such notice or mails such notice by first class mail, postage prepaid,as follows:
As to the City of Elgin:
William A. Cogley
Corporation Counsel
150 Dexter Court
Elgin, IL 60120-5555
Tel.: (847)931-5659
Fax: (847)931-5665
email: cogley_w @cityofelgin.org
With a copy to:
Lawrence R. Moelmann
Hinshaw&Culbertson,LLP
222 North LaSalle Street
Suite 300
Chicago,IL 60601
Tel.: (312) 704-3229
Fax: (312) 704-3001
email: Imoelmann @hinshawlaw.com
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As to Arch Insurance:
Will Pearce
Arch Insurance Group,Inc.
1601 Cherry Street
3 Parkway, Suite 1500
Philadelphia,PA 19102
Tel: (215) 606-1577
Fax: (866)455-7099
e-mail:wpearce @archinsurance.com
With a copy to:
Joel R. Page,Jr.
Leo&Weber,P.C.
One North LaSalle Street
Suite 3600
Chicago,IL 60602
Tel.: (312) 857-0910
Fax: (312) 857-1240
email: jpage @leoweber.com
29. It is understood and agreed by Elgin and Arch that this Settlement Agreement
shall be construed without regard to any presumption or other rule requiring construction against
the drafting party.
30. This Settlement Agreement may be executed in counterparts. Signatures
transmitted by facsimile or e-mail shall have the same legal effect as an original signature.
31. The parties agree that no third party shall have any rights under this agreement.
32. This agreement shall be governed by the law of the State of Illinois.
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IN WITNESS WHEREOF, the parties have executed this Settlement Agreement this
3 OT ay of June,2011.
ATTEST: CITY OF ELGIN,an Illinois municipal
corporation
i z��e�.
By: , By:
Its Clerk Its Mayor
ARCH INSURANCE COMPA
By: By:
One of Its orneys n Givens,Assis Vice President
f.\Icgal depNagreemenAsettlement agreement-arch insurance(kimball hill)-clean-6-28-1 I.doc
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EXHIBIT LIST
Exhibit A- Release from Elgin to Arch for Neighborhood 2 Bond
Exhibit B HLR Wetlands Proposal
Exhibit C -Release from Arch to Elgin for Neighborhood 2
Exhibit D -Neighborhood 3 Punchlist
Exhibit E-Construction Completion Agreement
Exhibit F-Release from Elgin to Arch for Neighborhood 3 Bond
Exhibit G -Release from Arch to Elgin for Neighborhood 3
Exhibit H -Alternative Release from Elgin to Arch for Neighborhood 3 Bond Pursuant to
Paragraph 23
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EXHIBIT A
Release from Elgin to Arch for Neighborhood 2 Bond
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EXHIBIT A—RELEASE OF ARCH BY ELGIN AS TO N-2
This release ("Release") is made this day of , 2011, by The
City of Elgin, Illinois, a municipal corporation ("Elgin"), in favor of Arch Insurance Company
("Arch").
WHEREAS, Kimball Hill Homes, Inc. as principal and Arch as surety issued to Elgin as
obligee Bond No. SU5020813 dated July 24, 2006 in the amount of$1,727,894.30 ("N-2 Bond")
pertaining to certain improvements in Neighborhood 2 of the Waterford Subdivision ("N-2
Project");
WHEREAS, pursuant to a settlement agreement between Elgin and Arch to which the
form of this Release is Exhibit A (the "Settlement Agreement"), Arch has discharged all
obligations under the N-2 Bond, except that Arch and Elgin have reserved any and all rights and
defenses related to any requirements imposed by the Army Corps of Engineers under Permit No.
200300522 ("Wetlands Mitigation Issue");
NOW THEREFORE, in consideration of Arch's payments and obligations in the
Settlement Agreement with respect to the N-2 Bond and excepting only the Wetlands Mitigation
Issue, Elgin, for itself, affiliates, successors and assigns, and any and all persons or entities
claiming through Elgin, jointly and severally, hereby fully and irrevocably releases and
discharges Arch, its attorneys, agents, contractors, assigns, officers, directors, shareholders and
employees, jointly and severally, from all manner of liability or loss, claims, liens, causes of
action or demands, of any nature, whether in law or in equity, known or unknown, which Elgin
now has or may have arising out of or related to the N-2 Project and/or the N-2 Bond. This
Release shall not affect projects and bonds associated with other neighborhoods in the Waterford
Subdivision.
IN WITNESS WHEREOF, the undersigned, representing that I am a duly authorized
representative of Elgin having due authority to execute this Release and to legally bind Elgin to
the terms hereof, do execute this Release, to be effective as of the date first above written.
CITY OF ELGIN, ILLINOIS, a municipal corporation
Signature:
Name Printed:
Title:
BLegal Dept\Agreement\Settlement Agreement-Arch Insurance(Kimball Hill)-Exhibit A-clean-6-17-1 I.doc
EXHIBIT B
HLR Wetlands Proposal
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SCOPE FOR ENVIRONMENTAL WORK
Waterford Subdivision
Based on a meeting with the US Army Corps of Engineers(COE),the City of Elgin has requested a scope
of work relating to the review of the proposed wetland mitigation and performance standards
developed in 2003 for the Waterford Subdivision. The current owner as well as three different bank
entities,are involved with this project,as the original owner has filed for bankruptcy. The COE stated at
the meeting that they would like to see an evaluation of the current status of the wetland mitigation
sites in comparison to what was proposed in 2003, Some of the performance standards that were
outlined in 2003 have since been found to not be effective and therefore the COE is interested in
revising the performance standards based on the site evaluation.
This scope of work includes conducting a site visit for each of the mitigation sites to assess the plant
community,hydrology,and hydric soils criteria based on plant identification. There are seven mitigation
sites including Pond A-1,A-2,B-1,B-2,C-1,C-2,and C-3 and upland native buffer area. In addition,
invasive non-native plant species will be identified and potential measures to eradicate/manage them
will be described. Soil erosion and sediment control issues and presence of wildlife will be evaluated.
The findings of the field site visit will be summarized in a monitoring report along with photographs of
each mitigation site.
Performance standards developed in 2003 will be reviewed and current site conditions will be compared
to the original performance standards. The performance standards will be revised in coordination with
the COE, based on the site visit findings and submitted to the COE for approval.
This scope of work will include one meeting with the COE.
G:WgreementslElginlSouth Street ExtensionlExtraslWaterford Wetlands.d=
Exhibit B
CITY OF ELGIN
Waterford Subdivision
HLR TASKS,HOURS,FEES
CLASSIFICATION E8 E5 T5 C2 A
RATE 138.00 104.00 110.00 70.00 75.00 HOURS COST
TASK
1• Information-i-ehinng meeting T-
_2�__,5276;
IReview mitigation plans,performance standards set in 2003,
and monitoring report in 2007 12 12 $11.q5�6
Field evaluation of mitigation sites(Ponds A-1,—A21'—B-1,B--2,-'l'
C1,C-2,and C-3)-7 sites at 3 hours each 211 21 42c' $5.0821
4. PrepaT�bqn of data sheets-7 data sheets at 1 hour 7 $966'
Preparation of FOI-7 FQls at 1 hour each 7 7 $q5966;!
6. Pre paration of memorandum 24 2 6 34 $4,140!
7. Revised performance standards 12 2 16 $2,024!
jT-
T2Ke for�rjq.pqpnq meeting thk(�OE
31.1
9• Coordinatio[I w/(Z(?rps and Ctof g!at
81 $1.104
1,036:
Py?jjtq adrnLinist�atiqn
--fo—TA7LS iog 25 8 2 354'i
NOTE:Neighborhood 6 includes Ponds A-1 and A-2 Weiland Impacts:
Neighborhood 5 includes Ponds B-1,B-2,and C-3 Neighborhood 6=1.02 acres
Neighborhood 41ncludes Pond C-2(never built) Neighborhood 5=0.02 acres
Neighborhood 2 includes Pond C-1 Neighborhood 4-0.37 acres
Neighborhood 3=0.92 acres
Neighborhoods I and 2=0.25 acres(wetland located between I&2)
Maintenance(can include mowing,herbicide,bu—mi-n—g,—etc-.)
:Estimate Ite$10 ac;
C:%Proposals%waterford wetland worksheet rev.xlsxWaterford Wetlands
11/30/2010
EXHIBIT C
Release from Arch to Elgin for Neighborhood 2
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EXHIBIT C—RELEASE OF ELGIN BY ARCH AS TO N-2
This release ("Release") is made this day of 2011, by Arch
Insurance Company ("Arch") in favor of The City of Elgin, Illinois, a municipal corporation
("Elgin').
WHEREAS, Kimball Hill Homes, Inc. as principal and Arch as surety issued to Elgin as
obligee Bond No. SU5020813 dated July 24, 2006 in the amount of$1,727,894.30 ("N-2 Bond")
pertaining to certain improvements in Neighborhood 2 of the Waterford Subdivision ("N-2
Project");
WHEREAS, pursuant to a settlement agreement between Elgin and Arch to which the
form of this Release is Exhibit C, Arch has discharged all obligations under the N-2 Bond,
except that Arch and Elgin have reserved any and all rights and defenses related to any
requirements imposed by the Army Corps of Engineers under Permit No. 200300522 ("Wetlands
Mitigation Issue");
NOW THEREFORE, excepting only the Wetlands Mitigation Issue, Arch, for itself,
affiliates, successors and assigns, and any and all persons or entities claiming through Arch,
jointly and severally, hereby fully and irrevocably releases and discharges Elgin, its attorneys,
agents, contractors, assigns, officers, officials, council members and employees, jointly and
severally, from all manner of liability or loss, claims, liens, causes of action or demands, of any
nature, whether in law or in equity, known or unknown, which Arch now has or may have arising
out of or related to the N-2 Project and/or the N-2 Bond. Arch further agrees not to assert
claims, including lien claims, against any party or entity(other than Kimball Hill) with respect to
payments made by Arch with respect to the N-2 Bond. This Release shall not affect projects and
bonds associated with other neighborhoods in the Waterford Subdivision.
IN WITNESS WHEREOF, the undersigned, representing that I am a duly authorized
representative of Arch having due authority to execute this Release and to legally bind Arch to
the terms hereof, do execute this Release, to be effective as of the date first above written.
ARCH INSURANCE COMPANY
Signature:
Name Printed:
Title:
F:\Legal DeptkAgreement\Settlement Agreement-Arch Insurance(Kimball Hill)-Exhibit C-clean 6-16-1 I.doc
EXHIBIT D
Neighborhood 3 Punchlist
- 14 -
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and
ASSOCIATES,[NC.
ENGINEERS AND SURVEYORS
Waterford Neighborhood 3 Scope of Work
Revised: 6/23/11
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 Plan prepared by Jeri 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 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-3-1D;
DB-3-21 C; C13-3-21C and C13-3-20A.
3. All areas disturbed by the contractor must be restored utilizing topsoiUseed 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 D
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 1 seed, fertilizer and 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/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: Lots: 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 (Jeri 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 Jeri Land Design Plan dated
July 19, 2002.
8. The improvements to Central Park are 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 be constructed or to be repaired.
a. Construct the Pavilion per detail C/7(including 3 park benches)
b. Construct the Gazebo per detail D/7 (including 2 park benches)
c. Supply and install the following playground equipment: 2 Saddlemate
Minibikes; 2 Saddlemate Pony; I Linear Lane; I Little Climb and Slide; 2
Primetime Swing w/Belt Swing; and Add l Bay Swing w/Enclosed Tot Seat.
d. Supply and install the 3 Heavy Duty Picnic Tables located in the southeast
corner of the park.
e. There are several sections of broken sidewalk that must be removed and
replaced (approx. 125 SF).
f. Install the missing concrete ramp on the north side of the playground area.
g. Remove/Replace the dead Swamp Oak.
h. Remove/Replace the"extremely bent" Burr Oak.
i. Straighten the leaning Burr Oak by staking.
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j. Supply and install the missing Central Park sign by the sidewalk entrance to
the Pavilion.
9. The tennis court landscaping area has 1 dead Miss Kim Lilac that must be
removed and replaced.
VI. Sanitary Sewer Improvements&Appurtenances
Sanitary 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 Code.
1. SMH-3E The manhole has debris in the structure and must be cleaned.
2. SMH-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 184 183, 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 be 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 Code.
1. All repaired storm sewer defects and corrective work shall be 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. CB-3-1 OA 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
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cleaned. 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.
8. CB-3-7A The catch basin has debris in the structure and must be cleaned.
9. CB-3-71F The catch basin has debris in the structure and must be 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 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-IA The catch basin and inlet basket have debris in them and must be
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.
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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. 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-3-21C 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 must be adjusted to
match the surrounding grade.
30. CB-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. MH-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 repaired. The drain basin
has debris in it and must be 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 must be cleaned.
35. CB-3-71) The catch basin has debris in it and must be cleaned.
36. DB-3-2D 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 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 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 be cleaned. The filter
fabric in the catch basin is damaged and must be removed and
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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 and 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 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. DB-3-40B 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 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 11.10' from MH-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 NM-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 CB-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
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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 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.
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-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 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. C13-3-2B 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 C13-3-2B. This segment must be grouted.Once all repairs are made,
the segment must be re-televised.
i. MH-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-3-17B to CB-3-17C .
The pipe is broken at 97.60' from CB-3-1713. 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.
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k. DB-3-6C to DB-3-613— 10"corrugated pipe
The pipe is collapsing at 50.00' from DB-3-6C. This segment must be
removed and replaced. Once the repairs are made, the segment must be re-
televised.
I. 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 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-3-76. 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-3-713
(Remove this section of pipe and replace). 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 all repairs are 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 be 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 re-televised.
p. DB-3-813 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
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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-3-11 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. HYD-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. HYD-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, 158, 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 Court/Drive.
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.
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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.
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 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.
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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.
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 Waterford 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.
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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 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 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.
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 be included.
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1. 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 be corrected prior to placement of hot-mix asphalt surface course.
1. 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 IDOT Standard
Specifications for Road and Bridge Construction. The contractor is responsible
for providing material testing for all asphalt paving work in accordance with the
IDOT HMA-Plant Test Frequency and HMA-QC/QA Acceptance Criteria to the
City of Elgin.
3. All structures located in the pavement must be 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. 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
580 13'
584 9'
586 26'
588 19'
590 10'
592 6'
594 5'
598 9'
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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 16'
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'
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2976 19'
2972 33'
3000 16'
2998 10'
2996 11'
2992 5'
XI. 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 IOOsf
614 125sf
616 125sf
618 25sf
613 75sf
587 25sf
537 50sf
b. Killarny Drive
2886 50sf
c. Shamrock Circle
2988 50sf
Center Park 100sf
2982 25sf
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2. The following 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 be 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 tg
r ter such.restoEgd areas as necessary until
3. The following sidewalks haverhandicapvramps that were found to have slopes
greater than allowed per the current ADA 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 comer 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 comer 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
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XIII. 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
of the abovementioned improvements have been completed. The remaining items shall be
submitted in one transmittal including a cover letter indicating the contents:
Final Waivers of Lien - (only from completion contractor)
Maintenance Guarantee(1 year LOC or bond)-(only from completion contractor)
H:\FILES\COMCOE001-3A\Correspondence\2011-05-02 NH 3 Scope of Work Revised 6-23-1 l.docx
EXHIBIT E
Construction Completion Agreement
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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
day of , 2011, by and between the City of Elgin, Illinois ("Elgin"); Arch
Insurance Company ("Arch"), and (the
"N3 Contractor").
RECITALS
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$1,437,015.36, 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
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 N3 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.
A G R E E M 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:
1. The N3 Contractor agrees to perform the work and supply the necessary materials
to complete the N3 Punchlist and the public improvements in Waterford Neighborhood 3 which
are the subject of the N3 Punchlist in accordance with the Engineering plans and specifications
for the Waterford Subdivision 3, as prepared by Manhard Consulting dated 06/17/03 and last
revised October 7, 2005, (hereinafter referred to as the"N3 Punchlist 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
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BE COMPLETED BY THE N3 CONTRACTOR WHICH IS A PARTY TO THIS
PARTICULAR COMPLETION AGREEMENT.] The N3 Punchlist Work shall 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
terms of this Agreement shall supersede and control.
2. Elgin shall pay to the N3 Contractor the sum of 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 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 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 the Additional Storm Sewer
Defects.
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I 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 year from the date of
Substantial Completion, as reasonably determined by Elgin's Engineers. For the purposes of
clarification, and not as a limitation on the N3 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 Storm 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.
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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 Defects 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 Manhard Consulting as the design
engineer (or such other engineer as is acceptable to Elgin) 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 of 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.
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E. Final payment will be made to the N3 Contractor upon acceptance of the
N3 Punchlist Work by Elgin.
6. The N3 Contractor shall commence the work to be performed pursuant to this
Agreement no later than thirty (30) days of the entry into this Agreement. The N3 Contractor
shall substantially complete all of the N3 Punchlist Work (INSERT THE PHRASE "FOR
WHICH IT IS RESPONSIBLE PURSUANT TO THIS AGREEMENT" IF MORE THAN ONE
N3 CONTRACTOR TO BE UTILIZED) by October 15, 2011; and shall achieve final
completion and acceptance by November 30, 2011. It is agreed and understood that the N3
Contractor(s) 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 $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 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
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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 $200. This calculation shall be made at the time of contracting and reflected
on the N3 Punchlist for each N3 Contractor. The N3 Contractor agrees and acknowledges that
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. 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 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 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. Notwithstanding anything to the contrary in
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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%) 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
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(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 for 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.
- 9 -
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 ILCS
557/1 et 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 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 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 amount 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 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 -
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 be severable. In the event any of the terms or
provisions of this agreement are deemed to be void or otherwise unenforceable for any reasons,
the remainder of this agreement shall remain in full force and effect.
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 -
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 the 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 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 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 for 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 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 the scheduling and
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performance of the work; provided, however, each N3 Contractor shall be 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 parties.
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, certification
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 tax/collusion/debarment/prevailing wage/legal
status of employees affidavit.
Any notice given under this Agreement shall be in writing and shall be 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: rudd_r @cityofelgin.org
With a copy to:
William A. Cogley, Corporation Counsel
City of Elgin
150 Dexter Court
Elgin, Illinois 60120
Telephone: (847) 931-5659
E-mail: cogley_w @cityofelgin.org
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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 @archinsurance.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 @leoweber.com
As to the N3 Contractor:
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 ILCS 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 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
responsible for fully informing itself as to the quality and quantity of materials required and the
- 15 -
character of work to be 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 hereof and 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 herein provided.
33. It is understood that this Agreement may be executed in counterparts by the
parties hereto, and that electronically transmitted signatures shall have the same legal effort as
original signatures.
IN WITNESS WHEREOF, the undersigned have placed their signatures this day of
, 2011.
ATTEST: CITY OF ELGIN, ILLINOIS
By: By:
Its Its Mayor
ARCH INSURANCE COMPANY
By: By:
Its Senior Vice President
N3 CONTRACTOR
By: By:
Its President
FALegal DepAAgreemenACompletion Agr-Arch Insurance-N3-clean-6-24-1 Ldoc
- 16 -
"TROTTER
ASSOCIATES,INC.
ENGINEERS AND SURVEYORS
Waterford Neighborhood 3 Scope of Work
Revised: 6/23/11
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 Plan 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.
I. 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.
1I. 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-3-1D;
DB-3-21C; CB-3-21C and C13-3-20A.
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 i
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 1 seed, fertilizer and 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/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: Lots: 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 Jeri Land Design Plan dated
July 19, 2002.
8. The improvements to Central Park are 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 be constructed or to be repaired.
a. Construct the Pavilion per detail C/7(including 3 park benches)
b. Construct the Gazebo per detail D/7 (including 2 park benches)
c. Supply and install the following playground equipment: 2 Saddlemate
Minibikes; 2 Saddlemate Pony; 1 Linear Lane; I Little Climb and Slide; 2
Primetime Swing w/Belt Swing; and Add 1 Bay Swing w/Enclosed Tot Seat.
d. Supply and install the 3 Heavy Duty Picnic Tables located in the southeast
corner of the park.
e. There are several sections of broken sidewalk that must be removed and
replaced(approx. 125 SF).
f. Install the missing concrete ramp on the north side of the playground area.
g. Remove/Replace the dead Swamp Oak.
h. Remove/Replace the"extremely bent"Burr Oak.
i. Straighten the leaning Burr Oak by staking.
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j. Supply and install the missing Central Park sign by the sidewalk entrance to
the Pavilion.
9. The tennis court landscaping area has I dead Miss Kim Lilac that must be
removed and replaced.
VI. Sanitary Sewer Improvements& Appurtenances
Sanitary 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 Code.
I. SMH-3E The manhole has debris in the structure and must be cleaned.
2. SMH-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 be 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 Code.
1. All repaired storm sewer defects and corrective work shall be 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. CB-3-10A 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
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cleaned. 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.
8. CB-3-7A The catch basin has debris in the structure and must be 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 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 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-IA The catch basin and inlet basket have debris in them and must be
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.
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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. 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 must be adjusted to
match the surrounding grade.
30. CB-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. MH-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 repaired. The drain basin
has debris in it and must be cleaned.
33. CB-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-3-713 The catch basin has debris in it and must be cleaned.
36. DB-3-2D 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 be removed. A new inlet filter basket must
be installed.
40. DB-3-21 C 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 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 be cleaned. The filter
fabric in the catch basin is damaged and must be removed and
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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 and 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 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. DB-3-40B 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 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 11.10' from MH-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 NM-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 CB-3-713
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
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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 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.
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-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 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-3-213 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 all repairs are made,
the segment must be re-televised.
i. MH-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-3-17B 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 cleaned out and all repairs are made,the segment must be
re-televised.
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k. DB-3-6C to DB-3-6B— 10"corrugated pipe
The pipe is collapsing at 50.00' from DB-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 D13-3-613. 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. 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 TAI
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 are 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 be 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 re-televised.
p. DB-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
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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-3-11 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. HYD-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. HYD-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, 158, 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 Court/Drive.
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.
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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.
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-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.
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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.
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 Waterford 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.
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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 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 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.
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 be included.
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1. 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 be corrected prior to placement of hot-mix asphalt surface course.
1. 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 IDOT Standard
Specifications for Road and Bridge Construction. The contractor is responsible
for providing material testing for all asphalt paving work in accordance with the
IDOT HMA-Plant Test Frequency and HMA-QC/QA Acceptance Criteria to the
City of Elgin.
3. All structures located in the pavement must be 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. 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
580 13'
584 9'
586 26'
588 19'
590 10'
592 6'
594 5'
598 9'
HA FIL.EW0000E00I-3A\Correspondence\.2011-05-02 NH 3 Scope of Work Revised 6-23-1 I.docx
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 16'
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'
H:\FILES\COE\COE001-3A\Correspondence\2011-05-02 NH 3 Scope of Work Revised 6-23-1 l.docx
Page 15 of 17
2976 19'
2972 33'
3000 16'
2998 10'
2996 111
2992 5'
X1. Sidewalk
1. 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 100sf
614 125sf
616 125sf
618 25sf
613 75sf
587 25sf
537 50sf
b. Killarny Drive
2886 50sf
c. Shamrock Circle
2988 50sf
Center Park 100sf
2982 25sf
H:\FILES\COE\COE001-3A\Correspondence\2011-05-02 NH 3 Scope of Work Revised 6-23-1 Ldocx
Page 16 of 17
2. The following 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 be 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. *Wgterhsuch.resiondCareascasrnecessary=until
3. The following sidewalks haverhandicapVramps that were found to have slopes
greater than allowed per the current ADA 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 comer 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
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XIII. 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
of the abovementioned improvements have been completed. The remaining items shall be
submitted in one transmittal including a cover letter indicating the contents:
Final Waivers of Lien -(only from completion contractor)
Maintenance Guarantee(1 year LOC or bond)-(only from completion contractor)
HA FILEMOBCOE001-3A1Correspondence\2011-05-02 NH 3 Scope of Work Revised 6-23-1 I.docx
e
e•
NRO TTE
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 13,2011
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 CB 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 58f. Cleaned and re-televised. Acceptable
VII Item 58k. Re-televised. Pipe has deflection/angle point at 258.6'. !
This is not indicated in the hardeopy of this
pipe section. This section of pipe must be
replaced and re-televised.
V1I Item 58p. Cleaned and re-televised. Acceptable
VII Item 58g. 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.
40W201 Wasco Road Suite D - St.Charles,Illinois 60175 - Phone 630/587-0470 - Fax 630/587-0475
Exhibit 2
Mr.Michael Hall,P.E.
City of Elgin
Waterford Subdivision—Neighborhood 3
Re-televised Sewer pipe review/comments
February 1,2011
Page 2 of 5
VII Item 58s. Re-televised. (Not Pipe has sagged at 52.0'. 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 Illinois,the City Code.
58.The following sections of storm sewer have deficiencies that must be addressed as
i nstructed.
a. MH-3G 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=3G. This must be repaired by lining. There is a
service connection at 11 o'clock at 77.80' from MH-3G, 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-3G, 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-3-713
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-televised 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. MH-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. 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
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 separadon 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 I,2011
Page 4 of 5
I. DB-3-6C to DB-3-6B-10"corrugated pipe
The pipe is collapsing at 50.00' from DB-3-6C. This segment must be
removed and replaced. (dig up/repair/TV by Arch)
m. DB-3-613 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 1313-3-66. This
segment must be cleaned out. Once the pipe is repaired and cleaned out,
the segment must be re-televised.
n. CB-3-713 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 TAI 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. C13-3-713 to DB-3-7C
There is debris in the pipe beginning at 18.50' 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. MH35 to MH-2.27
At 44.5' there is a hole at the joint, this section must be
removed/replaced and televised by Arch.
u. 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 5 of 5
If you have any questions or concerns,please contact me at 630-587-0470.
Sincerely,
TROTTER AN 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.
Supplemental Conditions
SCOPE. 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 self-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 respect 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 $2 Million
Products Completed Operations
Aggregate $1 Million
Personal Injury and Advertising Limit $1 Million
Each Occurrence $1 Million
Automotive-for all owned,non-owned,hired and leased vehicles
Combined single limit $1 Million
or
Bodily injury- each person $500,000
each accident $1 Million
Property damage-each occurrence $1 Million
Umbrella
Combined single limit $2 Million
General aggregate $2 Million
Worker's Compensation
Statutory $1 Million
Employer's Liability $100,000
Builder's Risk $ N/A
The Contractor may purchase and maintain excess Iiabilityinsurance 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 after final payment.
Certificates of Insurance acceptable to the City and confirming the insurance coverage required herein are attached to
the Contract. The City shall 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 are subsequently issued amending limits of
coverage.
Exhibit 3
EXHIBIT F
Release from Elgin to Arch for Neighborhood 3 Bond
- 16 -
EXHIBIT F—RELEASE OF ARCH BY ELGIN AS TO N-3
This release ("Release") is made this day of , 2011, by The
City of Elgin, Illinois, a municipal corporation ("Elgin"), in favor of Arch Insurance Company
("Arch").
WHEREAS, Kimball Hill Homes, Inc. as principal and Arch as surety issued to Elgin as
obligee Bond No. SU5019730 dated March 10, 2006 in the amount of$1,437,015.36, which on
May 8, 2007 was reduced to $617,819.20 ("N-3 Bond") pertaining to certain improvements in
Neighborhood 3 of the Waterford Subdivision ("N-3 Project");
WHEREAS, pursuant to a settlement agreement between Elgin and Arch to which the
form of this Release is Exhibit F (the "Settlement Agreement"), Arch has discharged all
obligations under the N-3 Bond, except that Arch and Elgin have reserved any and all rights and
defenses related to any requirements imposed by the Army Corps of Engineers under Permit No.
200300522 ("Wetlands Mitigation Issue");
NOW THEREFORE, in consideration of Arch's payments and obligations in the
Settlement Agreement with respect to the N-3 Bond and the Construction Completion
Agreement the form of which is Exhibit E thereto, and excepting only the Wetlands Mitigation
Issue, Elgin, for itself, affiliates, successors and assigns, and any and all persons or entities
claiming through Elgin, jointly and severally, hereby fully and irrevocably releases and
discharges Arch, its attorneys, agents, contractors, assigns, officers, directors, shareholders and
employees, jointly and severally, from all manner of liability or loss, claims, liens, causes of
action or demands, of any nature, whether in law or in equity, known or unknown, which Elgin
now has or may have arising out of or related to the N-3 Project and/or the N-3 Bond. This
Release shall not affect projects and bonds associated with other neighborhoods in the Waterford
Subdivision.
IN WITNESS WHEREOF, the undersigned, representing that I am a duly authorized
representative of Elgin having due authority to execute this Release and to legally bind Elgin to
the terms hereof, do execute this Release,to be effective as of the date first above written.
CITY OF ELGIN, ILLINOIS, a municipal corporation
Signature:
Name Printed:
Title:
F:\Legal DeptWgreement&ttlement Agreement-Arch Insurance(Kimball Hill)-Exhibit F-clean-6-17-1 I.doc
EXHIBIT G
Release from Arch to Elein for Neiphborhood 3
- 17 -
EXHIBIT G—RELEASE OF ELGIN BY ARCH AS TO N-3
This release ("Release") is made this day of , 2011, by Arch
Insurance Company ("Arch") in favor of The City of Elgin, Illinois, a municipal corporation
("Elgin").
WHEREAS, Kimball Hill Homes, Inc. as principal and Arch as surety issued to Elgin as
obligee Bond No. SU5019730 dated March 10, 2006 in the amount of$1,437,015.36, which on
May 8, 2007 was reduced to $617,819.20 ("N-3 Bond") pertaining to certain improvements in
Neighborhood 3 of the Waterford Subdivision ("N-3 Project");
WHEREAS, pursuant to a settlement agreement between Elgin and Arch to which the
form of this Release is Exhibit G, Arch has discharged all obligations under the N-3 Bond,
except that Arch and Elgin have reserved any and all rights and defenses related to any
requirements imposed by the Army Corps of Engineers under Permit No. 200300522 ("Wetlands
Mitigation Issue");
NOW THEREFORE, excepting only the Wetlands Mitigation Issue, Arch, for itself,
affiliates, successors and assigns, and any and all persons or entities claiming through Arch,
jointly and severally, hereby fully and irrevocably releases and discharges Elgin, its attorneys,
agents, contractors, assigns, officers, council members and employees, jointly and severally,
from all manner of liability or loss, claims, liens, causes of action or demands, of any nature,
whether in law or in equity, known or unknown, which Arch now has or may have arising out of
or related to the N-3 Project and/or the N-3 Bond. Arch further agrees not to assert claims,
including lien claims, against any other party or entity with respect to payments made by Arch
with respect to the N-3 Bond. This Release shall not affect projects and bonds associated with
other neighborhoods in the Waterford Subdivision.
IN WITNESS WHEREOF, the undersigned, representing that I am a duly authorized
representative of Arch having due authority to execute this Release and to legally bind Arch to
the terms hereof, do execute this Release, to be effective as of the date first above written.
ARCH INSURANCE COMPANY
Signature:
Name Printed:
Title:
F:\Legal Dept\Agreement\Settlement Agreement-Arch Insurance(Kimball Hill)-Exhibit G-clean 6-16-1 I.doc
EXHIBIT H
Alternative Release from Elgin to Arch for Neighborhood 3
Bond Pursuant to Paragraph 23
- 18 -
I
EXHIBIT H—RELEASE OF ARCH BY ELGIN AS TO N-3
(Alternative Release pursuant to Paragraph 23 of Settlement Agreement)
This release ("Release") is made this day of , 2011, by The
City of Elgin, Illinois, a municipal corporation ("Elgin"), in favor of Arch Insurance Company
("Arch").
WHEREAS, Kimball Hill Homes, Inc. as principal and Arch as surety issued to Elgin as
obligee Bond No. SU5019730 dated March 10, 2006 in the amount of$1,437,015.36, which on
May 8, 2007 was reduced to $617,819.20 ("N-3 Bond") pertaining to certain improvements in
Neighborhood 3 of the Waterford Subdivision ("N-3 Project");
WHEREAS, pursuant to a settlement agreement between Elgin and Arch to which the
form of this Release is Exhibit H (the "Settlement Agreement"), Arch has discharged all
obligations under the N-3 Bond;
NOW THEREFORE, in consideration of Arch's Payments and obligations in the
Settlement Agreement with respect to the N-3 Bond, Elgin, for itself, affiliates, successors and
assigns, and any and all persons or entities claiming through Elgin,jointly and severally, hereby
fully and irrevocably releases and discharges Arch, its attorneys, agents, contractors, assigns,
officers, directors, shareholders and employees,jointly and severally, from all manner of liability
or loss, claims, liens, causes of action or demands, of any nature, whether in law or in equity,
known or unknown, which Elgin now has or may have arising out of or related to the N-3 Project
and/or the N-3 Bond. This Release shall not affect projects and bonds associated with other
neighborhoods in the Waterford Subdivision.
IN WITNESS WHEREOF, the undersigned, representing that I am a duly authorized
representative of Elgin having due authority to execute this Release and to legally bind Elgin to
the terms hereof, do execute this Release, to be effective as of the date first above written.
CITY OF ELGIN,ILLINOIS,a municipal corporation
Signature:
Name Printed:
Title:
F:\Legal Dept\Agreement\Settlement Agreement-Arch Insurance(Kimball Hill)-Exhibit H-clean 6-17-1 I.doc
i _