12-155 Resolution No. 12-155
RESOLUTION
AUTHORIZING EXECUTION OF A CONTRACT COMPLETION AGREEMENT WITH
MARC KRESMERY CONSTRUCTION, L.L.C. REGARDING
PRINCETON WEST SUBDIVISION-TOWNHOMES PHASES 1 AND 2
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an
exception to the requirements of the procurement ordinance is necessary and in the best interest of
the city; and
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby
authorized and directed to execute a contract completion agreement on behalf of the City of Elgin
with Marc Kresmery Construction,L.L.C.regarding Princeton West Subdivision-Townhomes Phases
1 and 2, a copy of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: September 26, 2012
Adopted: September 26, 2012
Vote: Yeas: 7 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
CONTRACT COMPLETION AGREEMENT
PRINCETON WEST SUBDIVISION—TOWNHOMES PHASES 1 & 2
This Contract Completion Agreement for townhomes Phases 1 and 2 in the Princeton
West Subdivision, Elgin, Illinois (the "Completion Agreement" or "Agreement') is made and
entered into this day of September, 2012, by and between the City of Elgin, Illinois
("Elgin"), and Marc Kresmery Construction, L.L.C. ("Kresmery").
RECITALS
WHEREAS, Kenar, LLC ("Kenar") undertook to develop certain real property in Elgin,
Illinois, commonly known as the Princeton West Subdivision, which Subdivision is divided into
Phases for the purpose of development;
WHEREAS, to secure the construction of certain improvements in townhome Phases 1
and 2 of the Princeton West Subdivision ("Phases 1 and 2"), Kenar procured and delivered to
Elgin certain performance bonds issued by American Southern Insurance Company pertaining to
certain improvements in Phases 1 and 2 of the Princeton West Subdivision; and
WHEREAS, on or about February 25, 2011, Kenar filed a voluntary petition for relief
under Chapter 7 of the United States Bankruptcy Code in the United States Bankruptcy Court for
the Northern District of Illinois, Eastern Division, as Case No. 11-80745;
WHEREAS, Elgin notified American Southern Insurance Company that Kenar was in
default of its bonded obligations and made a demand upon the Phase 1 and 2 bonds; and
WHEREAS, Elgin and American Southern Insurance Company entered into a Settlement
Agreement whereby American Southern Insurance Company paid to the City the remaining limit
on the Phase 1 and 2 bonds; and
WHEREAS, Elgin has identified certain remaining work to be performed on certain
improvements within Phases 1 and 2 pursuant to a punchlist prepared by H.R. Green, Inc. dated
October 10, 2011, and pursuant to certain additional inspections of the property; and
WHEREAS, the work to be performed in Phases 1 and 2 pursuant to this Agreement is
identified and listed in the document consisting of three (3) pages dated September 19, 2012,
entitled "Princeton West-Subdivision Phase 1 and 2", attached hereto as Exhibit A (such work
identified as set forth in Exhibit A is hereinafter referred to as the "Phases 1 and 2 Agreed
Work");
WHEREAS, Kresmery has examined the Phases 1 and 2 Agreed Work; 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 work to be
performed pursuant to this Agreement; and
WHEREAS, Kresmery has agreed to complete the Phases 1 and 2 Agreed Work 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 and Kresmery agree as follows:
1. Kresmery agrees to perform the work and supply the necessary materials to
complete the Phases 1 and 2 Agreed Work (the "Phases 1 and 2 Agreed Work"). The Phases 1
and 2 Agreed Work to be performed and completed by Kresmery shall be consistent and in
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accordance with the following Engineering plans and specifications for the Princeton West
Subdivision:
• Final Engineering Plans for Princeton West, dated September 18, 2003,
prepared by V3 Consultants, Ltd. and approved by the City of Elgin
Engineering Department on September 19, 2003;
• Record Drawings Final Engineering Plans for Princeton West Received June
15, 2007 dated September 18, 2003, and signed June 12, 2007, prepared by
V3 Consultants, Ltd.;
• Conceptual Site Landscape Plan by JEN Land Design, Inc. Princeton West
plan date 01-22-2003;
2. The Phases 1 and 2 Agreed 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.
3. Elgin shall pay to Kresmery the sum of$212,506.49 for completing the Phases 1
and 2 Agreed Work, which payments shall be made in accordance with the General Conditions.
4. Kresmery shall warrant all of its work performed pursuant to this Completion
Agreement (the "Warranty Work") for a period of one year from the date of Substantial
Completion, as reasonably determined by Elgin's Engineers.
5. INTENTIONALLY OMITTED.
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6. Kresmery shall complete the Phases 1 and 2 Agreed Work for the purposes of
approval and acceptance by Elgin in accordance with the following procedures:
a. When Kresmery has substantially completed the Phases 1 and 2 Agreed Work, it
shall deliver the following to Elgin's Engineers: as-built drawings of its work
signed and sealed by an authorized professional engineer; and a letter from V3
Consultants, Ltd., as the design engineer (or such other engineer as is acceptable
to Elgin) stating that all Phases 1 and 2 Agreed Work has been completed in
accordance with the approved plans and specifications.
b. Elgin's Engineers will conduct a field review of the Phases 1 and 2 Agreed Work
to identify any deficiencies or uncompleted items of work of the Phases 1 and 2
Agreed Work to be completed by Kresmery. These items, together with all
deficiencies discovered upon a review of the above described as-built drawings
will be compiled into a punchlist letter and forwarded to Kresmery for completion
or correction.
C. When Kresmery 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 Kresmery's submitted as-
built drawings, Kresmery must submit as-built drawings in electronic format
along with mylar copies of the approved as-built drawings.
e. Final payment will be made to Kresmery upon acceptance of the Phases 1 and 2
Agreed Work by Elgin.
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Kresmery shall commence the Phases 1 and 2 Agreed Work, no later than ten (10) days
after the execution of this Agreement and receiving a notice to proceed with the Phases 1 and 2
Agreed Work "NTP" from the City. Kresmery shall achieve final completion and acceptance of
the Phases 1 and 2 Agreed Work within sixty (60) days after receiving the notice to proceed. . 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. In the event Kresmery 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 its Engineers or other causes beyond the control of Kresmery,
Kresmery shall have no claim against Elgin or the Engineers for damages or contract adjustment
other than an extension of the Agreement Times as provided herein.
8. Elgin shall make payment on the basis of Kresmery'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
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 Kresmery'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
Kresmery pursuant to this Agreement; and Kresmery shall provide a written release to Elgin in
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the amount of any such payments upon ten days written demand. Concurrent with all
applications for payment, Kresmery 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.
9. 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 Kresmery, 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 Kresmery 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.
10. Kresmery shall provide to Elgin a Performance Bond and a Payment Bond, each
in the amount of the $212,506.49, with respect to the work under the Phases 1 and 2 Agreed
Work, which bonds shall be issued by a surety acceptable to Elgin (collectively the "Completion
Bonds"). The scope of coverage under Completion Bonds shall also extend to the Warranty
Work for the Phases 1 and 2 Agreed Work.
11. Kresmery shall also provide to Elgin the insurance as described in the
supplemental conditions which are attached hereto as Exhibit B (the "Insurance Requirements").
Kresmery agrees that any third-party claims against Kresmery and/or Elgin shall be properly
forwarded by Kresmery to Kresmery's insurance company for the appropriate resolution of said
claims. Unresolved claims may affect/delay final payment hereunder.
12. Kresmery 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
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and during construction. Kresmery 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, Kresmery 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 Kresmery fails to do so, Elgin will withhold any payouts toward completed work
until arrangements are made to correct any damage as described below.
13. Kresmery 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.
14. Notwithstanding any other provision of this Completion Agreement, it is
expressly agreed and understood that Kresmery 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.
Kresmery shall also at its expense , 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.
15. Kresmery 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
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improvements described in this Completion Agreement. Further, Elgin shall not be liable to
Kresmery for any amount of money over the negotiated contract price unless upon a duly
executed change order prior to the work performed by Kresmery.
16. Kresmery shall be responsible for the proper handling and disposal of any
construction or demolition debris removed from the construction site, if any, in accordance with
Public Act 90-761, and other applicable requirements of law. .
17. The terms of this Completion 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 Completion Agreement shall remain in full force and effect.
18. This Completion Agreement shall not be construed so as to create a partnership,
joint venture, employment or other agency relationship between parties.
19. This Completion 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.
20. No official, director, agent or employee of any party shall be charged personally
or held contractually liable under any term or provision of this Completion Agreement because
of their execution, approval or attempted execution of this Completion Agreement.
21. In all hiring or employment made possible or resulting from this Completion
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
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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. Any violation of this provision shall be considered a violation of a material provision
of this Completion Agreement and shall be grounds for cancellation, termination or suspension,
in whole or in part, of the Completion Agreement by Elgin.
22. To the fullest extent permitted by law, Kresmery 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 Kresmery or Kresmery's officers, employees, agents or subcontractors in the
performance of this Completion 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. The provisions of this paragraph
shall survive any expiration and/or termination of this Agreement.
23. This Completion 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.
24. Kresmery shall also complete at the time of the execution of this Completion
Agreement additional agreement documents to include the City of Elgin, Illinois, certification
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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 Completion 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
As to Kresmery:
Marc Kresmery
Marc Kresmery Construction, L.L.C.
1725 Weld Road
Elgin, IL 60123
Telephone: (630) 464-0909
E-mail: marc @kresmery.com
25. As a condition of this Completion Agreement, Kresmery 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
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shall be provided to Elgin's Development Engineer prior to the entry and execution of this
Completion Agreement.
26. Notwithstanding anything to the contrary in this Completion Agreement, with the
sole exception of the monies Elgin has agreed to pay to Kresmery pursuant to Paragraph 3
hereof, no action shall be commenced by Kresmery, any related persons or entities, and/or any of
their successors and/or assigns, against Elgin for monetary damages. The provisions of this
paragraph shall survive any expiration, completion and/or termination of this Completion
Agreement.
27. This Completion Agreement is and shall be deemed and construed to be a joint
and collective work product of Elgin and Kresmery and, as such, this Completion 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.
28. Kresmery hereby waives any and all claims to interest on money claimed to be
due pursuant to this Completion 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 5011, et seq.) or the Illinois Interest Act,
as amended (815 ILCS 205/1, et seq.).
29. 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 Completion Agreement or the
work to be performed by Kresmery pursuant to this Completion Agreement. Kresmery 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
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the Punchlist prior to entering into this Completion Agreement. Kresmery is responsible for
fully informing itself as to the quality and quantity of materials required and the 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. Kresmery shall further make an
investigation of the site prior to entering into this Completion Agreement.
30. This Completion Agreement, the documents it incorporates and its attachments
constitutes the entire Agreement between Elgin and Kresmery 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 Kresmery 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.
31. It is understood that this Completion 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_mow`day
of ,2012.
ATTEST: CITY OF ELGIN,ILLINOIS
By: � By:
Its Clerk Its Mayor
MARC KRESMERY CONSTRUCTION,
/ L.L.C.
By: �"'-J 110 /-] vim m tLt By:
Its opoeC_ rYlp'" V Marc Kresmery,It
FAL,egal Dept\AgrccmenAComplction Agr-Princeton West Sub Phases I&2-9 20-i2.docx
12
Princeton West Subdivision-Phase 1&2
MARC KRESMERY CONST
September 19,2012
HRGreen
Punchlist Unit Total
10/10/2011 Units Price Dollar Amt
1.Record Drawings
Hit!as-built elev of SMH 49. Pg 2 of 22 1 EA $450.00 $450.00
II.Storm Sewer and Apputenances
Sump Pump Connections Repair-Work to include the excavation of the
pipe,the section of the existing pipe going into the mainline removed
lA.
(enough to reconnect and realign the pipe)a new internal expanding
Video's 22 EA $595.00 $13,090.00
connection installed,the pipe properly aligned and seated into the
connection and then the other end connected back with a non-sheer
connection.
Storm Pipe Repair-JS-Joint Separated @ 3.7 ft.this is going east of st 9-19
almost near sidewalk you can see gravel-Work to include the excavation of
the pipe,the section of the existing pipe removed and replaced,the new
pipe properly aligned and seated and concrete and brick collars installed
1B. around where the pipes are connected. Video's 1 LS $3,070.00 $3,070.00
0 Item 11113:Storm Sewer Joint Repair:$3,070.00/Is [Includes tree
removal,sidewalk R&R,two sections of pipe R&R and landscape
restoration.Marc&I pulled the lid to inspect.]
3. Repair the following defects:
a.ST 8-2 Pg 3 of 22 1 EA $215.00 $215.00
b.FES 13-1 and FES 9-3 Pg 3 of 22 2 EA $90.00 $180.00
c.ST 8-9
Clean structure;reset frame and grate and stabilize area with topsoil,seed Pg 3 of 22 1 EA $760.00 $760.00
and blanket
e.FES 9-1 Pg 3 of 22 1 EA $390.00 $390.00
f.ST 9-1 Pg 3 of 22 1 EA $260.00 $260.00
h.ST 9-27 Pg 4 of 22 1 EA $760.00 $760.00
k.FES 10-1 Pg 4 of 22 1 EA $270.00 $270.00
Basin C Drain Tiles-Remove HDPE from FES
Work to include the removal and disposal of the concrete,bricks and HDPE
4.0 pipe from the flared end sections. 2 EA $300.00 $600.00
0 Item 11 4:Remove HDPE&Brick Wall from FES's:2 each @$300.00/ea
III.Sanitary Sewer and Appurtenances
2. Verify all sanitary MHs vacuum tested/passed, Pg 5 of 22 1 LS $1.00 $1.00
all sewer pipes passed press/deflection tests.
IV.Water Main and Appurtenances
2. Repaint all Fire Hydrants on site. Pg 7 of 22 14 EA $185.00 $2,590.00
3. Repair the following defects:
a 1.VV 16 1 EA $175.00 $175.00
Grout adjusting rings and pipes
c 1.FH 14&25 2 EA $200.00 $400.00
Adjust valve box to grade,restore w to soil,seed and blanket
c 2.FH 18
Adjust valve box to grade with new valve box,restore w/topsoil,seed and 1 EA $300.00 $300.00
blanket
F:\Public_Works\Engineering\Subdivisions\Princeton West 14\6 Finance Doc&CoMPrinceton West Phase 1&2 Priority Items FINAL 09-19-2012
Exhibit A
Punchlist Unit Total
10 110 11 Q1Y Units Price Dollar Amt
c 3.FH 17 1 EA $450.00 $450.00
Replace 0-ring around stem
c 4.All Fire Hydrants 16 EA $60.00 $960.00
Lube caps(3 per hydrant)with food grade lubricant(i.e.Androil or equal)
f 1.Adjust b-box to finished grade,topsoil,seed&blanket
1366 Bradley Circle;1264 Bradley Circle(new b-box needed);1208
Bradley Circle; 1202 Bradley Circle;1204 Bradley Circle;1206 Bradley 13 EA $200.00 $2,600.00
Circle;1259 Bradley Circle;1257 Bradley Circle;1228 Asbury Court;1234
Asbury Court;1221 Asbury Court;1209 Asbury Court;1205 Asbury Court.
g.Locate b-box,adjust to grade and restore disturbed areas
1277 Bradley Circle; 1220 Asbury Court;1106 Loganbury Court; 1109 Pg 8 of 22 4 EA $425.00 $1,700.00
Loganbury Court
i. B-box 1277&1279 Bradley Circle tree removal and replacement after b- 1 EA $450.00 $450.00
box work is completed
j 1.Offset b-box-dig up,align,adjust to grade,topsoil and sod
1264 Bradley Circle(new b-box needed); 1260 Bradley Circle; 1256
Bradley Circle; 1244 Bradley Circle;1242 Bradley Circle;1240 Bradley
Circle(new b-box needed); 1234 Bradley Circle; 1230 Bradley Circle; 1275
Bradley Circle; 1271 Bradley Circle;1265 Bradley Circle;1255 Bradley
Circle;1237 Bradley Circle; 1239 Bradley Circle;1229 Bradley Circle;1231 28 EA $450.00 $12,600.00
Bradley Circle; 1221 Bradley Circle;1223 Bradley Circle;1225 Bradley
Circle;1227 Bradley Circle; 1105 Loganbury Court;1107 Loganbury Court;
1210 Asbury Court(new b-box needed); 1218 Asbury Court;1224 Asbury
Court;1226 Asbury Court;1247 Asbury Court(new b-box needed); 1279
Bradley Circle.
1.B-boxes are too shallow.Re install b-boxes to minimum of 5'depth.The
work shall include top soil and sod to all disturbed areas and any damage to
sidewalk or private property as a result of this work.
1208 Bradley Circle
1206 Bradley Circle Pg 9 of 22 6 EA $1,265.00 $7,590.00
1202 Asbury Court
1204 Asbury Court
1205 Asbury Court
1207 Asbury Court
m.B-Leaking b-box,excavate and repair leaking b-box;restore with sod. 1 EA $1,850.00 $1,850.00
1203 Asbury Court
V.Roadway
1. Install 1.5"HMA surface course class"D"N50 Pg 10 of 22 6700 SY $8.50 $56,950.00
3. Roadway patches: Ig 10&11 of 22
Mill 1.5 to 2.5"of binder and patch 2700 SF $3.50 $9,450.00
3A. Work to be performed per[DOT specifications.
b.Variable depth milling(as listed). Pg 11 of 22 7 EA $170.00 $1,190.00
b.Parking pad bldg 5&6;depth of 1.5 inches. Pg 11 of 22 2 EA $1,200.00 $2,400.00
c.Surface removal butt joint(as listed). Pg 12 of 22 216 LF $4.50 $972.00
4. Crack seal:
Reflective Crack Control 200 LF $4.50 $900.00
4D. Work to be performed per IDOT specifications.
V►.Sidewalk
1.1 Construct remaining PCC sidewalk in parkway. Pg 12 of 22 1268 1 LF $26.25 $33,285.00
F:\Public_Works\Engineering\Subdivisions\Princeton West 14\6 Finance Doc&Corr\Princeton West Phase 1&2 Priority Items FINAL 09-1 0-2012
Punchlist Unit Total
1011OZ2011 Qty Units Price Dollar Amt
3. Complete sidewalk at intersection. Pg 13 of 22 1 LS $1,900.00 $1,900.00
Remove HMA apron,construct PCC sidewalk,re-grade/restore area,
seed/blanket
5A. Work to include the removal and disposal of the asphalt apron from the Pg 13 of 22 40 LF $79.00 $3,160.00
back of curb to 1 foot behind the proposed back of sidewalk. Installation of
new sidewalk and restoration of the parkway from the back of curb to the
front edge of sidewalk with 6 inches of black dirt,seed and blanket.
6. Repair following defects:
a.thru e.Remove and replace sidewalk. Ig 13&14 of 2 197 SF $10.50 $2,068.50
VII.Aprons
1. Construct 8"PCC aprons:
4. Repair following defects:
a.thru d.Remove and replace driveway apron. Ig 14&15 of 2 90 SY $39.50 $3,555.00
Vlll.Combination Curb and Gutter
1. Curb repairs:
c.Remove and replace:
1.Proposed building 2 Pg 18 of 22 15 LF $50.00 $750.00
2.North intersection Bradley Cr/Toastmaster Dr.8"PCC Pg 18 of 22 135 SF $9.75 $1,316.25
South intersection Bradley Cr/Toastmaster Dr.8"PCC
Work to include the removal and disposal of the asphalt pavement and
2A replacement with 8 inches of PCC concrete. 1,015 SF $9.75 $9,896.25
M Item VIII 2&2A:Pavement Removal&PCC Pavement Replacement:
1,150 sf @$9.75/sf
IX.Street Lighting,Si na a and Pavement Markings
2. Light pole 30;expose top 2"and re-grade area. Pg 19 of 22 1 EA $125.00 $125.00
3. Missing stop bars;install two 13.5 ft 24"thermo- Pg 19 of 22 2 EA $1,100.00 $2,200.00
plastic stop bars on Bradley Circle.
X.Landscape and Site Grading
Seed and blanket,includes spreading of topsoil Bradley Circle.
1A. The$10.65/sy for the"new"landscape restoration can be used as a"wash" Pg 19 of 22 1278 SY $10.65 $13,610.70
for what we talked about.
2a. Replace 4 dead trees;install remaining 26 shade trees in parkway. Pg 19 of 22 30 EA $415.00 $12,450.00
2b Replace 1 tree in front of 1277 and 1279 Bradley Circle as part of b-box 1 EA $450.00 $450.00
adjustments
SUBTOTAL(includes all mobilization,demobilization,general conditions,insurance,
profit and overhead): $208,339.70
2%PERFORMANCE AND PAYMENT P&P)BONDS $4,166.79
GRAND TOTAL(including P&P Bonds): $212,506.49
F:\Public_Works\Engineering\Subdivisions\Princeton West 14\6 Finance Doc&Corr\Princeton West Phase 1&2 Priority Items FINAL 09-19-2012
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 shal l 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 liability insurance in the umbrella form in order to satisfy the
limits of liability required for the insurance to be purchased and maintained in accordance with the requirements set
forth above. Any such amounts must be in addition to the umbrella limits required,must list all underlying policies,
and must list the City as an additional insured. Evidence of such excess liability shall be delivered to the City in the
same form and manner as the required insurance policies.
The City reserves the right,at its sole discretion,to amend the insurance requirements contained herein.
All insurance shall be written on an occurrence basis,unless the City approves in writing coverage on a claims-made
basis. Coverages whether written on an occurrence or a claims-made basis shall be maintained without interruption
from the date of commencement of the Work until the date of final payment and termination of any coverage required
to be maintained 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 B