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HomeMy WebLinkAbout10-149 Resolution No. 10-149 RESOLUTION AUTHORIZING EXECUTION OF FIRST AMENDED ECONOMIC INCENTIVE AGREEMENT WITH WAL-MART STORES, INC., SAM'S REAL ESTATE BUSINESS TRUST, AND SAM'S WEST, INC. (1000 S. Randall Road) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Ed Schock, Mayor, and Diane Robertson, City Clerk,be and are hereby authorized and directed to execute First Amended Economic Incentive Agreement with Wal-Mart Stores, Inc., Sam's Real Estate Business Trust,and Sam's West,Inc.on behalf of the City of Elgin for economic development assistance in connection with the development of 1000 S.Randall Road,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: July 14, 2010 Adopted: July 14, 2010 Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk ♦ Elgin,IL Store#1814-03 CITY OF ELGIN, ILLINOIS FIRST AMENDED ECONOMIC INCENTIVE AGREEMENT WAL-MART This First Amended Economic Incentive Agreement (this "Agreement") is made and entered into on this 14th day of July, 2010, by and between the CITY OF ELGIN, an Illinois municipal corporation (the "City"), whose offices are located at 150 Dexter Court, Elgin, Illinois 60120, WAL-MART STORES, INC., a Delaware corporation ("Wal-Mart"), whose offices are located at 2001 S.E. 10th Street, Bentonville, Arkansas 72716, and SAM'S REAL ESTATE BUSINESS TRUST, a Delaware statutory trust ("SREBT"), whose offices are located at 2001 S.E. 10th Street, Bentonville, Arkansas 72716, and SAM'S WEST, INC., an Arkansas corporation ("Sam's West") whose offices are located at 2001 S.E. 10th Street, Bentonville, Arkansas 72712 (SREBT and Sam's West are collectively referred to hereafter as "Sam's"). RECITALS: A. The City is a municipal corporation and enters into this Agreement pursuant to 65 ILCS 5/8-11-20 (the "Enabling Statute"), which authorizes Illinois municipalities to enter into economic incentive agreements under certain circumstances. The City is also a home rule municipality with the authority to enter into this Agreement. B. Wal-Mart and Sam's are the owners of the real estate legally described on Exhibit A attached hereto (the "Property"). Wal-Mart intends to construct the following on a portion of the Property: a Wal-Mart Supercenter retail store containing approximately 180,000 gross square feet of space, plus a garden center and seasonal sales area, substantially in accordance with the Full Buildout Preliminary Plan and Landscape Plan prepared by Atwell-Hicks dated August 5, 2009, last revised June 14, 2010, attached hereto as Exhibit B. Sam's, at its sole option and discretion, may in the future construct the following on a portion of the Property: a Sam's Club store containing approximately 136,000 gross square feet of space, substantially in accordance with the Full Buildout Preliminary Plan and Landscape Plan prepared by Atwell-Hicks, dated August 5, 2009, last revised June 14, 2010, attached hereto as Exhibit B. The remainder of the Property(the "Outlots") is also expected to be developed in part with additional retail businesses ("Outlot Retail"). (Such Wal-Mart Supercenter and Sam's Club are collectively referred to as the "Prof ect"). C. In the City resolution authorizing the entry into and execution of this agreement, the City has made the following findings, as required by the Enabling Statute: 1. The Property has remained vacant for at least one (1) year; 2. The proposed Project is expected to create or retain job opportunities within the City; 1 3. The development of the proposed Project will serve to further the development of adjacent areas; 4. But for this Agreement, the development of the proposed Project would not be possible; 5. Wal-Mart meets high standards of creditworthiness as demonstrated by having provided evidence of having funds available to pay the entire cost of developing the Property; 6. The development of the proposed Project will strengthen the commercial sector of the City; 7. The development of the proposed Project will enhance the tax base of the City; and 8. This Agreement is in the best interest of the City, D. Wal-Mart and Sam's conditioned their purchase of the Property and its development of the Project on the City's Agreement to pledge certain sales tax revenues to Wal- Mart, as provided in this Agreement. E. Subject to the terms of this Agreement, the City agrees to partially reimburse Wal- Mart for the costs it incurs in developing the Project. In reliance on the City's agreement, Wal-Mart intends to cause the Wal-Mart Supercenter to be developed, and to enter into such construction-related contracts as may be necessary to effect such development. F. This Agreement has been submitted to the City Council for consideration and review, and the City Council has —prior to the execution of this Agreement -- taken all actions required for this Agreement to become effective and enforceable. AGREEMENT: Now, therefore, for good and valuable consideration, and in order to strengthen the commercial sector and enhance the tax base of the City, and in order to induce Wal-Mart to develop the Project, the City and Wal-Mart hereby agree as follows: 1. Definitions. A. "Certificate of Occupancy" means documents issued by the City in accordance with the ordinances of the City that evidence Wal-Mart's construction of the Supercenter, and Sam's construction of the Sam's Club in accordance with the Annexation Agreement for the Property and ordinances of the City. B. "Commencement Date for the Wal-Mart Supercenter" means the first day on which the Wal-Mart Supercenter opens for business on the Property. 2 C. "Commencement Date for the Sam's Club" means the first day on which the Sam's Club opens for business on the Property. D. "Construction Plans"means the plans, drawings, specifications and related documents for the construction of the Improvements, together with all amendments and modifications thereto, submitted by or on behalf of Wal-Mart or Sam's Club and approved by the City in accordance with this Agreement. E. "Development Costs" means all costs incurred by Wal-Mart in connection with the design and construction of the Improvements and the development of the Supercenter. F. "Improvements" means all buildings, facilities and site improvements necessary to the operation of the Project, including the relocation or improvement of any streets, alleys, easements or rights-of-way; and the construction or relocation of any utilities or drainage facilities. "Improvements" shall include, but not be limited to, the Reimbursable Improvements. G. "Pledged Sales Tax Fund for the Wal-Mart Supercenter means the separate City account into which the Pledged Sales Tax Revenues are deposited from time to time. H. Pledged Sales Tax Fund for the Sam's Club" means the separate City account into which the Pledged Sales Tax Revenues for the Sam's Club on the property are deposited from time to time. I. "Reimbursable Improvements" means the improvements to Randall Road to be depicted in plans prepared by Wal-Mart's consulting engineer and approved by the City and the Kane County Highway Department in the First Amendment to the Amended Memorandum of Intergovernmental Agreement referred to in Section 5D hereof. J. "Initial Construction" shall mean the commencement of site work in connection with the construction of the Project. K. "Sales Tax Revenues for the Wal-Mart Supercenter" means for each calendar year that this Agreement is in effect, all revenues that the City receives from retail sales taxes from the State of Illinois pursuant to the Illinois Service Occupation Tax (35 ILCS 115/1 et seq.), the Illinois Retailers Occupation Tax Act (35 ILCS 120/1 et seq.), and the Home Rule Municipal Retailer's Occupation Tax Act (65 ILCS 5/8-11-1) or any successors to (or substitutes for) any of such Acts that relate to the provision of any service or the sale of any goods from the Wal-Mart Supercenter on the Property. L. "Sales Tax Revenues for the Sam's Club" means for each calendar year that this Agreement is in effect, all revenues that the City receives from retail sales from the State of Illinois pursuant to the Illinois Service Occupation Tax (35 ILCS 115/1 et seq.), the Illinois Retailers Occupation Tax Act(35 ILCS 120/1 et 3 1 r seq.) and the Home Rule Municipal Retailer's Occupation Tax Act (65 ILCS 5/8- 11-1) or any successors to (or substitutes for) any such Acts that relate to the provision of any service or the sale of any goods from the Sam's Club on the Property. 2. Development. A. Construction. If Wal-Mart proceeds with the Wal-Mart Supercenter, and if Sam's proceeds with the Sam's Club, Wal-Mart and Sam's shall cause the Improvements to be constructed in accordance with all laws and ordinances of the City and the Annexation Agreement for the Property. Wal-Mart and Sam's shall have sole responsibility for the selection and employment of all contractors, suppliers, agents, employees, consultants and professionals necessary to complete the Project, and for entering into contracts for the completion of the Project. Wal- Mart and Sam's shall have the sole right to determine the means, methods and scheduling of construction (subject to compliance with the laws and ordinances of the City). The City shall not be a party to any such contracts and shall not be a third-party beneficiary of any such contracts. B. Construction Plans. If Wal-Mart proceeds with the Wal-Mart Supercenter, and if Sam's proceeds with the Sam's Club, Wal-Mart and Sam's shall submit the Construction Plans for the Project for approval by the City. The Construction Plans shall be prepared by a professional engineer licensed to practice in the State of Illinois. The Construction Plans shall be sufficiently detailed to demonstrate to the City that the Improvements will be constructed substantially in accordance with the Full Buildout Preliminary Plan and Landscape Plan, and in compliance with all applicable laws and ordinances and the Annexation Agreement for the Property. C. Changes to Plans. To the extent permitted by the Annexation Agreement for the Property, Wal-Mart and Sam's shall have the right during construction to make reasonable changes to the Construction Plans for the Project (including without limitation modification of the construction schedule, modification of the areas in which Improvements are to be located, expansion or deletion of features, and other changes required in the exercise of Wal-Mart's or Sam's business judgment), provided that the Project shall in all events be constructed substantially in accordance with the Full Buildout Preliminary Plan and Landscape Plan. Notwithstanding the foregoing, no changes shall be made to the Reimbursable Improvements consisting of the improvements to Randall Road without the express advanced approval of Kane County. In the event of any such changes to the Reimbursable Improvements Wal-Mart shall provide the City written notice of such changes within thirty (30) days after approval thereof by Kane County. D. Certificate of Occupancy. Promptly after substantial completion of the Improvements in accordance with this Agreement and in accordance with all applicable laws and ordinances, the City shall issue a Certificate of Occupancy ("CO") or a Temporary Certificate of Occupancy ("TCO"). Issuance of the CO or 4 TCO will not be unreasonably withheld or delayed. Issuance of the CO or TCO shall be conclusive evidence that Wal-Mart has satisfied all conditions precedent to receiving its portion of the Pledged Sales Tax Revenues pursuant to this Agreement. If the City shall fail to issue a CO or TCO, the City shall, within ten (10) days after written request from Wal-Mart or Sam's, provide Wal-Mart or Sam's with a written document stating in detail the conditions that Wal-Mart or Sam's will need to satisfy in order to obtain the CO or TCO (as the case may be). If the City issues a TCO, Wal-Mart or Sam's shall use good-faith efforts to cause any conditions set forth in the TCO to be satisfied in order to allow the issuance of a CO. 3. Pledged Sales Tax Revenues. A. Pledge of Revenues Subject to the payment restrictions below the City hereby pledges and agrees to pay to Wal-Mart or its designee (i) one-third (1/3) of the Sales Tax Revenues for the Wal-Mart Supercenter, and (ii) one-third (1/3) of the Sales Tax Revenues for the Sam's Club in accordance with this Agreement, in order to reimburse Wal-Mart for a portion of the costs of the Reimbursable Improvements incurred by Wal-Mart in the construction of the Reimbursable Improvements, all as set forth in detail below (such 1/3 portion of the Sales Tax Revenues for the Wal-Mart Supercenter and for the Sam's Club are hereinafter referred to respectively as the "Pledged Sales Tax Revenues for the Wal-Mart Supercenter" and the "Pledged Sales Tax Revenues for the Sam's Club"). The City covenants and agrees that during the term of this Agreement, the City shall not further encumber or pledge the one-third (1/3) portions of the Pledged Sales Tax Revenues for the Wal-Mart Supercenter or the Pledged Sales Tax Revenues for the Sam's Club required to be deposited into the Pledged Sales Tax Fund for the Wal-Mart Supercenter or the Pledged Sales Tax Fund for the Sam's Club, or to take any action inconsistent with the terms and the intent of this Agreement, and agrees that such one-third (1/3) portions shall be deposited in the "Account" (as that term is defined below) and shall not be used for any purposes whatsoever, except to pay Wal-Mart in accordance with this Agreement. The City hereby agrees to indemnify, defend and hold Wal-Mart harmless from and against all costs and losses (including reasonable attorneys' fees) incurred by Wal-Mart by reason of any claim, demand or suit arising from the failure of the City to properly apply and account for the Pledged Sales Tax Revenues. The City agrees to enact all ordinances and resolutions necessary to authorize the execution of this Agreement and the fulfillment by the City of its obligations under this Agreement. B. Payments by City. The parties understand and agree that the payments by the City to Wal-Mart of Pledged Sales Tax Revenues for the Wal-Mart Supercenter and of Pledged Sales Tax Revenues for the Sam's Club are to reimburse Wal-Mart for the Reimbursable Improvements consisting of off-site improvements to portions of Randall Road which has a current estimated cost of approximately$8,000,000. An estimate dated July 29, 2009, which includes a cost estimate for the Randall Road Improvements in the amount of$7,878,336.04, is attached hereto as Exhibit C. Within one hundred twenty (120) days following 5 the completion of the Reimbursable Improvements, Wal-Mart shall provide to the City a final accounting of all costs for the construction of such improvements. In the event both the Wal-Mart Supercenter and the Sam's Club are developed and opened at the Project the City agrees to reimburse Wal-Mart up to the lesser amount of the cost for the construction of the Reimbursable Improvements or $8,000,000. In the event only the Wal-Mart Supercenter is developed and opened in the Project and the Sam's Club is thereafter not developed and opened in the Project, the City agrees to reimburse Wal-Mart up to the lesser amount of fifty- five percent (55%) of the costs for the construction of the Reimbursable Improvements or $4,400,000. Following completion of the Reimbursable Improvements and the final accounting with respect to same, and beginning on the first January 15 following the Commencement Date for the Wal-Mart Supercenter, and on each January 15 thereafter until the "Termination Date," being the earlier of (i) the date on which all principal and accrued interest hereunder has been paid in full in accordance with the terms of this Agreement, or (ii) January 15, 2022, the City shall pay to Wal-Mart or its designee all of the Pledged Sales Tax Revenues for the Wal-Mart Supercenter required to be deposited into the Pledged Sales Tax Fund for the Wal-Mart Supercenter up to the total principal amount of the lesser amount of fifty-five percent (55%) of the costs for the construction of the Reimbursable Improvements or $4,400,000, plus interest at four percent (4%) per annum on the outstanding balance from the Commencement Date for the Wal-Mart Supercenter, compounded annually (collectively, the "Wal-Mart Supercenter Incentive Amount"). Following the completion of the Reimbursable Improvements and the final accounting with respect to same, and beginning on the first January 15 following the Commencement Date for the Sam's Club, and on each January 15 thereafter until the "Termination Date" being the earlier of(i) the date on which all principal and accrued interest hereunder has been paid in full in accordance with the terms of this Agreement, or (ii) January 15, 2022, the City shall pay to Wal-Mart or its designee all of the Pledged Sales Tax Revenues for the Sam's Club required to be deposited into the Pledged Sales Tax Fund for the Sam's Club up to the total principal amount of the lesser amount of forty-five percent (45%) of the costs for the construction of the Reimbursable Improvements or $3,600,000 plus interest at four percent (4%) per annum on the outstanding balance from the Commencement Date for the Sam's Club, compounded annually (collectively, the "Sam's Club Incentive Amount"). Notwithstanding the foregoing, or anything else to the contrary in this Agreement, the total amount of the Wal-Mart Supercenter Incentive, exclusive of interest, and the total amount of the Sam's Club Incentive, exclusive of interest, shall not exceed the total amount of the lesser amount of the costs for the construction of the Reimbursable Improvements or $8,000,000. For purposes of clarification and example, if the cost for the Reimbursable Improvements totals $7,800,000, the principal amount of the Wal- Mart Supercenter Incentive shall be in the amount of$4,290,000 and the principal amount of the Sam's Club Incentive shall be in the amount of$3,510,000. For the purpose of further clarification and example, in the event the cost of the reimbursable expenses is $8,200,000, the principal amount of the Wal-Mart 6 Supercenter Incentive shall be in the amount of $4,400,000 and the principal amount of the Sam's Club Incentive shall be in the amount of $3,600,000. Notwithstanding the foregoing limitation on the amount of the Wal-Mart Supercenter Incentive Amount being up to the total principal amount of the lesser amount of fifty-five percent (55%) of the cost for the construction of the Reimbursable Improvements, or $4,400,000, it is agreed and understood that, in the event of both the opening of the Wal-Mart Supercenter and the subsequent opening of the Sam's Club on the Property, payments by the City to Wal-Mart of Pledged Sales Tax Revenues for the Wal-Mart Supercenter for the Wal-Mart Supercenter Incentive Amount shall continue along with payments by the City to Wal-Mart from the Pledged Sales Tax Revenues for the Sam's Club for the Sam's Club Incentive Amount until the earlier of the Termination Date or Wal-Mart has received from both the Wal-Mart's Supercenter Incentive Amount and the Sam's Club Incentive Amount, exclusive of interest, the not-to-exceed total amount of the lesser amount of the cost for the construction of the Reimbursable Improvements, or $8,000,000. Under such a scenario, for each dollar paid by the City to Wal-Mart of the Wal-Mart Supercenter Incentive Amount above the lesser amount of fifty-five percent (55%) of the cost for the construction of the Reimbursable Improvements, or $4,400,000, the total amount of the Sam's Club Incentive Amount shall be reduced dollar-for-dollar in a like amount. For purposes of clarification and example, if the cost for the Reimbursable Improvements totals $8,000,000, and due to the later opening of the Sam's Club versus the opening of the Wal-Mart Supercenter, the principal amount of the Wal- Mart Supercenter Incentive Amount could, under such scenario, be in the amount of $5,000,000, then the principal amount of the Sam's Club Incentive Amount would then be reduced to the amount of $3,000,000. Wal-Mart and Sam's acknowledge that the payments hereunder are not general obligations of the City, and shall not constitute indebtedness to the City or a loan or a liability of the City within the meaning of any constitutional or statutory provision. The obligations of the City under this Agreement shall be secured solely by the pledge of the Pledged Sale Tax Revenues for the Wal-Mart Supercenter and the Pledged Sales Tax Revenues for the Sam's Club and shall be payable solely and only from such Pledged Sales Tax Revenues paid into the respective Pledged Sales Tax Funds. C. Separate Account. The City agrees to cause its Treasurer to create a separate account within the City's accounting system designated as "Pledged Sales Tax Fund — Elgin Wal-Mart" (the "Account"). Beginning on the Commencement Date and continuing until the City's obligations hereunder are fully repaid, the City shall deposit or allocate all Pledged Sales Tax Revenues into the Account within ten (10) days after receipt of the Form ST-1. The City shall not permit the balance of any account to exceed the maximum that can be insured by the Federal Deposit Insurance Corporation or any successor agency and shall, if necessary, maintain multiple accounts in order to keep the balance of all accounts below such maximum amount, unless such deposits are collateralized with obligations of the United States of America, the `State of Illinois or other entities in accordance with the City's published investment policy. 7 D. Department of Revenue Forms. At the time of each filing of an Illinois Department of Revenue Form ST-1 or any successor reporting form with the Illinois Department of Revenue by Wal-Mart, Sam's or any other commercial or retail business operating on the Property, Wal-Mart, Sam's or such other business shall cause a copy of such form to be filed with the Treasurer of the City or such other official as the City may designate. Within twenty (20) days after the Treasurer or other official receives an ST-1 Form, the Treasurer or other official shall calculate and certify to the City the amount of Pledged Sales Tax Revenues due to Wal-Mart in accordance with this Agreement. The City and its Treasurer and other officials shall keep strictly confidential all information in the ST-1 Form, except to the extent that disclosure is necessary to third parties for the proper administration of this Agreement, or is required by law or under this Agreement. Wal-Mart and Sam's shall advise in writing any purchaser or lessee of the Property(or any part thereof) of the reporting requirements in this Section 3D, but Wal-Mart or Sam's shall not have any liability if such purchaser or lessee fails to comply with this Section 3D, unless such purchaser or lessee is an affiliate of Wal-Mart or Sam's. E. Further Assurances. Wal-Mart, Sam's and the City agree to co-operate and to take all additional actions as may reasonably be necessary in order to obtain the necessary information and to ensure the accurate calculation and deposits of the Pledged Sales Tax Revenues. The City agrees to take all actions necessary to provide for the systematic receipt of sales tax information for the Project from the Illinois Department of Revenue. To assist the City, Wal-Mart and Sam's will supply or cause to be supplied to the City appropriate authorizations for the Illinois Department of Revenue to provide such information, including copies of filings with the Illinois Department of Revenue made by Wal-Mart, Sam's and any other occupants of the Property. Wal-Mart, Sam's and any other occupants of the Property shall, upon written request of the City, provide a power-of-attorney in form reasonably satisfactory to the Illinois Department of Revenue, authorizing the City to request and receive gross revenue and other information necessary to allow the City to compute the amount of the Pledged Sales Tax Revenues. Wal- Mart and Sam's shall advise in writing any purchaser or lessee of the Property (or any part thereof) of the power-of-attorney requirements in this Section 3E, but Wal-Mart or Sam's shall not have any liability if such purchaser or lessee fails to comply with this Section 3E, unless such purchaser or lessee is an affiliate of Wal-Mart or Sam's. F. Accounting of Receipts. No more than forty-five (45) days after the end of the calendar year in which Wal-Mart or Sam's opens for business on the Property (and not more than forty-five [45] days after the end of each succeeding calendar year while this Agreement is in effect), the City shall cause its treasurer or other official to provide Wal-Mart with an accounting of receipts and expenditures from the Pledged Sales Tax Fund for the Wal-Mart Supercenter and the Pledged Sales Tax Fund for the Sam's Club. 8 G. Annual Resolution. The City shall provide for the payments required by this Agreement by adopting annually an appropriation therefor which shall be part of the City's annual budget pursuant to the Budget Ordinance to be adopted during each fiscal year in which payments may be due hereunder. 4. Hiring of_Elgin Residents. Wal-Mart and Sam's agree to utilize all commercially reasonable efforts to hire Elgin residents for the initial employment opportunities at the Wal- Mart Supercenter and the Sam's Club at the Project. Such commercially reasonable efforts shall include at a minimum publicly advertising in newspapers published in the City of Elgin and in local Elgin media employment opportunities at the Wal-Mart Supercenter and at the Sam's Club at the Project and specifying that Elgin residents qualified for available employment opportunities at the Wal-Mart Supercenter or the Sam's Club will be given an initial hiring preference for such employment opportunities. Such commercially reasonable efforts shall also include a publicly advertised job fair, employment information and education meeting or other similar employment opportunity session ("Job Opportunity Session") to be conducted in the City of Elgin or other locally convenient community no later than ninety (90) days prior to the opening of the Wal-Mart Supercenter and no later than ninety (90) days prior to the opening of the Sam's Club whereby Elgin residents will be invited to such Job Opportunity Session and allowed to complete employment applications or obtain information about the employment application process. Wal-Mart and Sam's shall also provide the City with written information on initial employment opportunities at the Wal-Mart Supercenter and the Sam's Club at the Project and provide the City advance written notice regarding the job fairs. Not more than one hundred eighty (180) days following the opening of the Wal-Mart Supercenter Wal-Mart shall provide a written report to the City identifying the number of Elgin residents who applied for employment at the Wal-Mart Supercenter and the number of Elgin residents who were hired as employees at the Wal-Mart Supercenter. Not more than one hundred eighty (180) days following the opening of the Sam's Club Sam's shall provide a written report to the City identifying the number of Elgin residents who applied for employment at the Sam's Club and the number of Elgin residents who were hired as employees at the Sam's Club. Notwithstanding anything in this Section that may be to the contrary, Wal-Mart and Sam's shall not be required to disclose any information that is prohibited from disclosure pursuant to privacy, labor and employment, or any other federal, state or local law, statute, ordinance, rule or regulation. For purposes of this section, Elgin residents shall be defined as persons whose principal and bona fide residence at the time of applying for employment is located within the corporate city limits of the City of Elgin. Residency shall be established by applicants through identification which lists the person's name and residence address. Forms of identification may include, but not limited to, a state driver's license, a state identification card, a passport, a military identification card or a recent utility bill. Wal-Mart and Sam's shall be entitled to rely on the place of residence designated by the applicant on an employment application and in such identification provided by the applicant for the purposes of determining residency within the City of Elgin. 5. Wal-Mart's Right to Terminate. Wal-Mart may terminate this Agreement by giving written notice to the City in the event that Wal-Mart determines at any time prior to commencing construction of the Project, that the Project is not economically feasible. In the event of such termination, Wal-Mart, Sam's and the City shall be released and relieved of all obligations to each other under this Agreement (except those that by their express terms are 9 intended to survive such a termination), and the parties shall execute such documents as might be necessary to effect such termination. 6. Miscellaneous. A. Assignment. Prior to the Commencement Date, Wal-Mart's and Sam's rights, duties and obligations under this Agreement may be assigned only with the consent of the City, which consent shall not be unreasonably withheld; provided, however, that Wal-Mart shall at all times have the right to assign its rights, duties and obligations hereunder to any entity that is controlled by, controls, or is under common control with, Wal-Mart Stores, Inc. After the completion of construction of the Wal-Mart Supercenter, Wal-Mart shall have the unlimited right to assign its rights, duties and obligations under this Agreement without the consent of the City, but Wal- Mart shall provide the City with written notice of such a transfer. B. Default. Except as otherwise provided under this Agreement, in the event of any default under, or breach of, this Agreement, which default or breach remains uncured for thirty (30) days after written notice from the non-defaulting party, the non-defaulting party shall have all rights and remedies at law, or in equity. Nothing in this Agreement shall be construed as requiring Wal-Mart to open the Project for business or to operate the Project. C. Force Maieure. Neither the City, Wal-Mart nor Sam's shall be considered in default under this Agreement if their performance is delayed by damage or destruction by fire or other casualty, condemnation, strike, lock-out, civil disorder, war, shortages or delays in delivery of equipment, materials or fuel, Acts of God or unusual weather conditions or other causes beyond such party's reasonable control, and the time for performance of obligations shall be extended by one day for every day of such delay. D. Notices. All notices under this Agreement shall be in writing. Notices shall be deemed properly given if personally delivered or if sent by a nationally- recognized "overnight" courier service such as UPS, to the addresses set forth below: If to the City: City of Elgin 150 Dexter Court Elgin, IL 60120 Attn: City Manager 10 If to Wal-Mart: Wal-Mart Stores, Inc. 2001 S.E. 10th Street Bentonville, AR 72716 Attn: Regional Counsel, Real Estate, Illinois If to SREBT: 2001 S.E. 10th Street Bentonville, AR 72716 Attn: Regional Counsel, Real Estate Illinois If to Sam's West: 2001 S.E. 10th Street Bentonville, AR 72716 Attn: Regional Counsel, Real Estate, Illinois Notices shall be deemed given on the date of delivery (if personally delivered) or (if delivered via "overnight" courier service) on the first business day after being given to the courier service with all charges prepaid. E. Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Illinois, without regard to the conflicts of laws provisions of Illinois law. F. Merger. This Agreement constitutes the entire agreement of the parties hereto and supersedes all prior or contemporaneous verbal understandings between the parties concerning the allocation of sales tax revenue from the Project. This Agreement may be amended only by a written document executed by both parties hereto. It is agreed and understood that this Agreement supersedes and replaces the previous Economic Incentive Agreement between the City and Wal-Mart dated September 27, 2006, and the previous Economic Incentive Agreement between the City and SREBT dated September 27, 2006, it being agreed and understood that as of the entry into this Agreement such previous Economic Incentive Agreements are and shall be deemed terminated, null and void, without further obligations of the parties with respect thereto. G. Severability. In the event that any term or provision of this Agreement is held to be unenforceable by a court of competent jurisdiction, the remainder shall continue in full force and effect, to the extent that the remainder can be given effect without the unenforceable provision. 11 H. City Representation. The City hereby represents and warrants that the City has undertaken all steps and procedures required by the Enabling Statute to enter into this Agreement, including the due and proper adoption of an ordinance specifically authorizing the City to enter into this Agreement. The City has followed, and will continue to follow, all necessary procedures and will take all such further actions as may be necessary under the Enabling Statute to fulfill its obligations under this Agreement. I. Wal-Mart's Representation. Wal-Mart represents and warrants that Wal- Mart has full power and authority to enter into this Agreement, and that the person executing this Agreement on behalf of Wal-Mart has been duly authorized to so. J. Sam's Representation. Sam's represents and warrants that Sam's has the full power and authority to enter into this Agreement, and that the persons executing this Agreement on behalf of Sam's have been duly authorized to do so. K. Payment of Claims. The City will pay and discharge from sources other than the Pledged Sales Tax Fund any lawful claims which, if unpaid, might become a lien or charge upon the Pledged Sales Tax Revenues payable to Wal- Mart or its designee hereunder. However, nothing herein contained shall require the City to make such payments so long as the City in good faith shall contest the validity of such claims. L. Remedies. Notwithstanding anything to the contrary in this Agreement, with the sole exception of an action to recover the Pledged Sales Tax Revenues the City has agreed to pay to Wal-Mart pursuant to Section 3B and 3C hereof, no action shall be commenced by Wal-Mart or Sam's, and/or any of their related entities and/or of their successors, assigns and/or grantees against the City, its officials, officers, employees, attorneys, agents, boards or commissions, and/or any other related entities for monetary damages for a breach of this Agreement. The provisions of this paragraph shall survive any termination and/or expiration of this Agreement. M. Collective Work Product. This Agreement is and shall be deemed and construed to be the joint and collective work product of the City and Wal-Mart 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 in the terms or provisions, if any, contained herein. N. Relationship of parties. This Agreement is not intended and shall not be construed as to create a partnership, employment, joint venture or agency relationship between the parties hereto. O. Prevailing Wage Act. Notwithstanding any other provisions of this agreement, it is expressly agreed and understood that in connection with all 12 IN WITNESS WHEREOF, the City, Wal-Mart and Sam's have executed this Agreement on the date first set forth above. CITY OF ELGIN, WAL-MART STORES, INC. an Illinois municipal corporation a Delaware corporation B By: y. Ed Schock, Mayor Its: Attest: SAM'S REAL ESTATE BUSINESS "TRUST, a Delaware statutory trust City Clerk By �- del lGt j1C� Cv-_ SAM'S WEST. INC., an Arkansas corporation By 13 Legal description: That Part Of Section 28, Township 41 North, Range 8 East Of The Third Principal Meridian, In The City Of Elgin, Kane County Illinois, Described As Follows: Beginning At The Northwest Corner Of The Southwest Quarter Of Said Section 28, Thence North 1 Degree 04 Minutes 22 Seconds West On The West Line Of The Northwest Quarter Of Section 28, Township 41 North, Range 8 East, A Distance Of 42.92 Feet Tot Eh North Right-Of-Way Line Of Bowes Road; Thence North 88 Degrees 48 Minutes, 26 Seconds East On Said North Right-Of-Way Line, A Distance Of 469.74 Feet; Thence South 1 Degree, 03 Minutes 42 Seconds East, A Distance Of 65.91 Feet To The South Line Of Bowes Road; Thence North 88 Degrees 49 Minutes 04 Seconds East On Said South Right-Of-Way Line, A Distance Of 755.30 Feet To The West Right-Of- Way Line Of Randall Road; Thence South 0 Degrees 55 Minutes 34 Seconds East Pm Said Right-Of-Way Line , A Distance Of 2308.11 Feet, Thence South 88 Degrees 28 Minutes 48 Seconds West, A Distance Of 1219.16 Feet To The West Line Of The Southwest Quarter Of Section 28; Thence North 1 Degree 04 Minutes 22 Seconds West Along Said West Line Of The Southwest Quarter Of Section 28, A Distance Of 2338.19 Feet To The Point Of Beginning, All Within The City Of Elgin, Kane County, Illinois (property commonly known as 1000 South Randall Road). R� -- -- � Awifi" d* I o n 89^ m ff I yy fit` N .�: �.. . . f. ..'; �:��'�;:, '• �� �I !'�._ ■ o fL v ■ ■ M09 aN — — n. .. xO I ;I I WALMART STORES INC. sEcnoN ae A1-�/ELL 9 ` 8 ELGIN, IL WALMART (x}1814-03) tows+{I NORTH,RANGE 8 EAST r n ' TY.w�a vnrwaovLLp■q� ELGIN TOWNSHIP p�}i�p�jgRTN MD'71KA AND A9A FULL BUILD-OUT PRELIMINARY PLAN a :se Ew l oitx-AD.w'E iao AvaHUG iE eaxi Wsr✓1 Wb.d Y..■c+ �. AND LANDSCAPE PLAN KANE COUNTY.ILUNOIS ocsa n.0 ne aaa s� s rr' Ogle / 7_....-...... PROPOSED COUNTY HIGHWAY RANDALL ROAD ROUTE 34 COST ESTIMATE)RETAINING 4JALL1 Randall Bowes UNIT TOTAL UNIT COST TOTAL COST puantlly Randall Cost aua ty Bowes Cost CODE NO. PAY ITEM QUANTITY 4^500 5G 00 17 5425.00 EAGH 17.00 $25 C0 $ - Sao 10 5350.00 20100110 TP,EEREMOV'AL(6TO15UNITSDIAMETER) 10.00 53500 $ 350 Or, $0.00 tA�H ;0.00 20100'1-10 TREE REMOVAL ION 15 Uhll'S OIAM ETcR) CU YD 15.327.80 $6.00 S 91,966 Bo 20200100 EARTH EXCAVATION 3106 CU 3,106.00 520.00 b 62,120.00 562,12000 $0.00 20201200 REMOVAL AND DISPOSAL OF UNSUITABLE MATEP.IAL SO 00 $0.00 CU'fD 17.885.02 $1000 $ 17885020 2^9365 $20.642.85 20400800 FURNISHED EXCAVATION CY YD 9,703.44 55 00 $ 87 330 96 7479.79 bu6,E88.11 848 750.00 20700110 PUROUS GRANULAR EMBANKMEFJT 10262500 2155 $53,7500 tESJ CU YD 4.105.00 525.00 S x,000 $0.00 20800150 TRENCH BACKFILL SO YD 38.511.00 $300 S 115.53300' $0 Do 21101625 TOPSOIL FUR141S'H Ah1D PLACE,B S SO 00 Sp•!p 7,114.00 510.00 R 71,14000 L0.00 01685 TOPSOIL FUP.NISH AND PLACE.2-0 E 9.00 $2,30000 S 2470000 9'090 ACRE - $ODO 50.00 25000210 S'EEDING'.'LA562A L9 848.00 $1.70 S 1,441.60 $000 R0.00 25000400 NIITROGEIJ FERTILIZER NUTRIEJT" LB 848.00 $1.70 S 1,441.60 LO 00 25000500 PHOSPHORUS.FERTILIZER:NUTRIENT 44160 $000 LB 948.00 51.70 $ 1, $000 $0.00 25000600 POTASSIUM FERTILIZER NUTRIENT ACRE 9.00 S'000.00 $ 18,00000 $0 00 25100115 MULCH;:M THOU2 . : . 1: 200.00 $ 2.000.0'7 $000 EACH $000 $0.00 28000300 TEMPORARY DITCH CHECKS LF 200.00 $4 00 S 900.OJ 28000400 PERIMETER EROSION BARRIER 133 OD $150.00 b 19 950.00 SOOD 28000500 I INLET:AND PIPE PROTECTION "cACH LC OD LOAO SO YD 44.00 540 00 S 1 760.00 $0.00 $0 00 2E100125 STONE`RIPRAP°'GLASS 63 SO YD 60.00 $55.00 $ 3.300 CC) � 145''6 8 $87,160.90 281001^_9 STONE=P.IPRAP:CLASS B5 SO YD 45,353.00 LG.00 $ 270 118 OD 303262 5184,95%._0 1439.6 $33.110.80 31100500 SUB-BASE GRANULAR MATERIAL,TYPE.A G" SO.YD. 6.096.60 $23.00 $ 140.221_0 4657 5107,111'00 170_7 $549,654.00 35501309 HOT-MIX ASPHALT BASE COURSE.6" Sp,YD. 39,256.0 542.00 $ 1,649.752.00 26159 $1,099,098.00 35501332 HOT-MIX ASPHALT BASE COURSE,12" GAL 29.91_3.17 51.50 $ 44.984'5 2649342 $3662093 950974 514`$0.00 40600100 BITUMINOUS MATERIAL(PRIME COATI TON 3,381.20 $70.00 $ 236.694.00 3381.? $236.684.00 40600635 LEVELING BINDER(MACHINE METHOD). N 70 $151.x8.00 POLYMEPIZED HOT-MIX ASPHALT BINDER COURSE,IL- TON 2,751.60 $55.00 $ 151,'39.)0 L0.00 2751.6 40603235 19 N 70 POLYMERIZED HOT-MIX ASPHALT BINDER COUPSE,IL- TON 3 995.50 $67.00 $ 267,698.50 3995.5 $26?658.50 50.00 40603240 14 N 90 0 $0.00 161.? $10 478.00 40603315 HOT-MIX ASPHALT SURFACE COURSE,MIX ,N70 TON 161.20 LG500 $ 10.478.00 40603590 POLYMERIZED HOT-MIX ASPHALT SURFACE COURSE, TON 2,201.30 $7200 5 158,45360 0 $p pp 2201.30 $158493.60 MIX"F".N 70 $0.00 POLYMERIZED HOT-MIX ASPHALT SURFACE COURSE, TON 6,149.60 870.00 $ 430 47.00 6149.6 5430.472.00 40603595 MIX"F".tJ 90 942 $5.652.00 4^_400200 PORTLAND CEMEIJT CONCRETE SIDEWALK 5 INCH SO FT 1,959.00 56.00 F 11.759.00 1017 56,10'.00 48 $1,344 00 42400800 DETECTABLE NJARNING6 SOFT 112.00 S'<800 5 3,13600 64 51,79. 44000006 BITUMINOUS SURFAC°P.EMOVAL 1 1.'2" SO.YD. 29,32601 $2.50 8 73.317.28 2479.12 $56.197 79 684779 $17 115A8 44000100 PAVEMENT REMOVAL SO YO 16,967.01 56.00 5 101.80:04 11055.26 $66.331.56 5511 75 535.470A9 FOOT 3,44100 $6.00 $ 20,646.00 3441 $"'0.646.00 $0.00 44000500 COMBINATION CUP._AND GUTTER REMOVAL - SO FT 1,745.91 $'_.00 S 3,451.82 1745.91 53451.821 44000600 SIDEWALK REMOVAL 17,712.00 50.YD. 118.08 $150.00 $ 17,71200 11E.08 $40,30.63 '985'2 S5 92•.60 I 44001_010 CONCRETE MEDIAN REMOVAL SO YD 1003tE51 $S 00 $ to,1SJ.21 8046.13 5000 44004250 PAVED SHOULDER REMOVAL FOOT 10.000.00 $0.90 L 9.000 OG $0.00 44213200 SAWC. TS _ 1394148 STRIP REFLECTIVE CRACK CONTROL TREATMENT FOOT 11,61790 $1?0 5 754671 $9,056.04 40710 $4.E85.44 44350900 SYSTEM $000 4� 51000.00 EACH aoD $25000 5 1ocDOo 50104400 CONCRETEHEADWALLREMOVAL 4.661 $700.00 $ 2,8('0.00 $140000 PRECAST REINFOPCED CONCRETE FLARED END EACH 2 $1,400.00 '- 54213657 SECTIONS 12" PRECAST REINFORCED CONCRETE FLARED END EACH ZGO� 5800.00 $ 5,50600 q 3000.00 3 $2,40000 54213660 "4418 DG '45,3960"v SECTIONS IS" I FUOI 153 UO R38.00 $ 5.814.00 111 55650 SS 1 RCP CL 4 12 FOOT 5200 $4200 $ 2.194.00 5^_ $2,184.00 55019 19600 0 SS 1 RCP CL 4 15 $U 00 FOOT 19500 $54.00 $ 10.530.00 195 510.530.00 50 53250.00 55020100 SS 1 RCP CL 3 30 3:0.00 LO 00 FOOT 5000 55020300 SS 1 RCP CL 3 3G $65.00 R SD OG 100.00 5;,000.00 FOOT 100.00 55020500 SS 1 RCP CL 3 49 580.00 fi 8.006.00 $0.00 55020700 SS 1 RCP CL 1 60 FOOT 704.00 5120 00 S 84 4_0.00 704 584 480.00 Sg 1^8.00 55021600 55 2 RCP CL 3 12 FOOT 1.362 OOI S2B.00 $ 39.136.00 1036 529 00900 '' $1E 690 00 55021700 SS 2 RCP CL 3 15 `rOOT 1.432.001 $35.00 $ 50.120.00 898 $"430.00 5"0 $17,856.00 550''1?.00 2RCPCL3 1E FOOT 494.00 $6200 R 30.62800 206 $._77_00 SL9^O DO F007 499 00 $64.110 $ 3 L872DO 468 522952.00 130, 55021900 2 RCP CL 3'_1 256 $'17,560 00 55022200 SS 2 RCP CL 3 30 FOUT 605.00 $7000 $ 42.'.50 00 355 524.850.00 S10,32000 380.00 $ 10'20.00 I 50.00 125 FUOT 129.00 $0.001 55022300 SS 2 RCP CL 3 ' FCOT 322.001 $CO 00 S 25 760 00 22 5"5)fi(J.00 55022400 2 RCP C�3 3u 170 519.650.00 256 00 5115.001 S 29 440 OD �8�6 55,P�90.00 55022500 2P.CP CI_34R 1 FOOT $yg,00 fi 3626.00 371 5362600 SO OD oS FOOT 37.001 50001 55024200 SS 3 RCP 11 a 27 FOO- 40.0011 5115 OC S 4-,DU.00 40 $4.600 00 550^-4600 SS 3 RCP CL 4 4'_ SO 00 $U 00 FCiOT 806.001 51500 S00 55100500 STORM SEWERS REfdOVAL 12" r p0 $1200 8 2466 00 SG.00 S 100700 STORM SEVJER5 REMOVAL 15" FOOT 1 RO DO. 5 FOG7 4_7.00 32n.00 fi 8`_40.00 30 00 55/01200 STORM SEWERS REMOVAL 24" �1_'-'.00 £ 3 OSE OD $O DD m("1 FOOT 135.00 $�0 1000 $3.6SOOO 55101fi0D STORM EWERS P,Ef�40VAL 36 FOOT 90 001 b1'O.DO 5 1 C Enn 00 6n 0 OODO 56106700 I ADJUSTING WATER MAIL)'16' 41 SA 001 564)01D0 FIRE HYDHTS TO BE MVD EACH 4 00 52.500 00 S t 0.000 00 I E r 1 G0I 5150.00 S 150 OD $0 ODI 1 S 151001 56500660 DOMESTIC VJATER SER'lICE_OYES TO EE ADJUSTED A-H 6020010 5 C TP 4 DI?TY OL EACH 1 1 CGI S1"`-0.001 S 1�5x Da.i 14, n<'asoo ool a st ooD oD r.;024 1 u�i1 5,.90000,$ O G 0001 12� oc 6020.340 CATCH FASIP6.TY PE�..4-u�r�- cr,. Eq��l 201 S3 nnl FRAME AnD.RATl _NCH Gri S�ODO 00'x.S 1 n)D 'I snon.00I Oi 6:1f,,a0: CB TA 5 DIA Tl F OL I 1 CPTCH BASI.5.TYPE A S-CI.4cTER. T'!PE 2a .-4CH 3 Ool S2 100 $ 00 rC 3 S6 300001 0� L 00 6020`n4G g _ ,n^ri L MFR AHD P T t .{ 1 S CO 001$ 2 0'1' Doi n s60D-3 00 661_'1466 J1AtJ TA 4 DIP TIF CL ti.,.50ri EA�H Or $x_50.0015 _50001 511 $P. 5J 00 2'� 6112'^CC N,A^,T45DIA T7FCL 11_,50.0015 75000 411 909f00� 1, 1._750 D0�1 60213806 IMAN TA.6 DIP.TI F CL t'A_H Randall Bowes UNIT TOTAL UNIT COST TOTAL COST CODE NO. PAY ITEM OUANTIT Ouantdy Randall Cost Ouanti[y Bowes Cost 60224446 MANHOLES,TYPE A,T-DIAMETER,TYPE 1 FRAME, EACH 1.00 55,000.00 $ 5000.00 I 1 55.000.00 OI $0.00 CLOSED LID 5 $5.500.00 3 $3.30000 EACH 8 GD $1.100.00 $ 3,900 CO I 1 51.202.00 60234200 INLETS TYPE A,TYPE 1 FRAME.OPEN LID EACH 60237470 INLETS.TVPE A.TYPE?4 FRAME AND GRATE 5.00 51,200.00 $ 600QOp 4 F4_80000 $3,60000 EACH 14.00 $300.00 $ 4 00.00 5600.00 6025500 MANHOLES TO BE ADJUSTED 5 00 $800.00 E 4 00000 1 580000 8 $3:100.00 60157900 MANHOLESTO BE RECONSTRUCTED EACH £1.000.00 2 5600.00 60500040 REMOVIP12 MANHOLES EACH 8.00 $300.00 $ 2.40000 6 60506050 REMOVItN CATCH BASINS EACH 15.06 51300.00 $ 3000001 1 $?00.00 14 SZB0000 60502500 CONCRETE GUTTER TYPEA EACH 520.00 525.00 b 13006.00 520 51300000 60603860 COMBINATION CONCRETE CURB AND GUTTER,TYPEB FOOT 3,551.00 5'000 S 71026.00 X0280 $405600 34a.10 $66.964.00 6.12 60605000 COMBINATION CONCRETE CURB AND GUTTER,TYPEB FOOT 3610.00 $'000 5 72,200 00 3241 $6482000 369 $7,38000 6.24 60665500 COM BINATIOtJ CONCRETE CURB AND GUTTER,TYPE B FOOT 10,856.00 52000 $ 217,12006 86'3.00 5172.46000 223300 $88,660.00 9.12 60608300 COMBINATION CONCRETE CURB AND GUTTER, TYFE FOOT 1212.00 £20.00 S 24,240.00 50.00 1212.00 52424000 M-2.12 60610320 CONCRETE MEDIAN,SURFACE,61NCH SO. T. 21,641.00 $4.50 5 97.384.50 625&00 $28,161.00 15383.00 $69,223.5 60628600 CORRUGATED MEDIAN SQ.FT. 573.00 Si0.50 5 6,016.50 ^49.50 $2.619.75 350 $3.39675 63000000 STEEL PLATE BEAM GUAP.DRAIL.TYPE A FOOT 2 400.00 $25.00 S 60,000.00 240000 £60000.00 $0.00 63100045 TRAFFIC BAP.RIER TERMINAL,TYPE 2 EACH 1.00 8700.00 S 700.00 100 570000 63;00167 TRAFFIC BARRIER TERMINAL TYPE) SPECIAL EACH 1.00 512200.00 S 2,_013.00 100 $'20000 5000 (TANGENT) 50.00 67000400 ENGR!:FIELD OFFICE A ? CALIMCN 1 .00 $?.000.00 S 24.000.00 67100100 MOBILIZATION •' L SUM 1.00 $120.000.00 $ 120,000.03 TRAFFIC CONTROL,AND PROTECTION TANDAR❑ : ? L SUM 1.00 S6,000.0 $ 6,000.06 70100500 701328 - 70102625 TRAFFIC OONTROL'ANp PROTECTION STANDARLI + L SUM 1.00 $5,200.00 $ 5,200.00 $0.00 $0.00 701606=1 70102635 TRAFFIC CONTROL PND PROT,EGTIOP6 STAN�pARD L SUM 1.00 54,000.00 S 4,000.60 $O.OD 50.00 701701 i ` 70102640 TRAFFIC CONTROL AND PROTECTION STANDARD L SUM 1.00 511,000.00 5 1,000.00 I 50.00 50.00 701801 54,627.00 51080 $ 43,701601 $0.00 $000 70300725 TEMPORARY-PAINT PAVEMENT MARKING W"WHITE FOOT 50.00 $000 70300735 TE ORARY PAINT`PAVEMENTIMq VJO 6?WHITE;' FOOT 9,9G1.00 $1.50 $ 14,94150 $0.00 $0.00 70300760 TEMPORARY PAINT:PAVEMENT MAR KING 24 WHITE 1 FOOT 655.00 53.00 S 1.965.00 70300825 TEMPORARY PAK I F..PAVEMENTt:MARKING a!YELLOW FOOT 45 606 00 $0.80 $ 36,484.90 $000 $0.00 70301000 WORK�ZONE PAVEMENT MARKING REMOVAL SO FT 39 702.00 $0.65 S 25 906.30 $0.00 70400100 TEMPORARY CONCRETE BARRIER FOOT 1,250.00j $30.00 $ 37500.00 1250 $37,500.00 g000 70400200 RELOCATE TEMPORARY CONCRETE BARRIER FOOT 1,37500 $1000 S 13,750.00 1.375 $13.750.00 72000100 SIGN PANEL-TYPE 1 SO FT 36100 $25.00 $ 9,075.00 '146.00 53,650.00 217.00 $5x25.00 72 400100 REMOVE SIGN PANEL ASSEMBLY-TYPEA EACH 6.00 $150.00 $ 900.00 1 5150.00 5 $750.00 72400500 RELOCATE SIGN ASSEMBLY-TYPE.A EACH 3.00 5190.00 $ 270 D0 2 $180.00 1 $90.00 72400900 REMOVE SIGN PANEL EACH 2.00 $100.00 $ 200 00 50.00 2 $200.00 72900100 METAL POST-TYPEA FOOT 501.00 510.00 $ 5 010.00 230.00 52,300 00 271.00 $2,710.00 72900200 METAL POST-TYPEB FOOT 143.00 $10.00 $ 1,43000 48.00 $460.00 95.00 $950.00 78005100 PAVEMENT NARKING-LE7TEP.S AND SYMBOLS SOFT 605.00 $8.00 $ 4.840.00 346.00 52.760.00 ?59.00 $2,072.00 78005/10 PAVEMENT T ARKI MARKING-RSA D FOOT 44386.00 $070 $ 31,070.20 32846.001 $22.992.20 11540.00 $8.078.00 1 78005130 EPOY.Y PAVEMENT MAR KItJG-LINE G" FOOT 6 841.00 $1.20 E 8209.20 4029.00 54,834.00 2812.00 $3 180.00 78005140 EPDXY PAVEMENT MARKItJG-LINE 8" FOOT 20100 £2.00 E 400.00 200.00 $40000 78005180 EPDXY PAVEMENT MARKING-LINE 24" FOOT 530.00 I 515.00 1$ 2.650.00 294.001 51.470.00 23600 $1.180.00 78100100 RAISED REFLECTIVE PAVEMENT MARKER EACH 313.00 530.00 S 279000 269.00 $8,07000 4400j $13$000 70300100 PAVEMENTMARKING:REMOVAL SQ.FT. 11 208.00 50.90 $ 10.087.20 50.00 80400100 ELECTRIC SERVICE INSTALLATION EACH 200 512000.00 $ 4.000.00 2 54,00000 0 5000 80400200 ELECTRIC UTILITY SERVICE CONNECTION 515. 2.00 51,250.00 $ 2 500.00 2 52.500.00 0 $0.00 80500200 SERVICE INSTALLATION,GROUND MOUNT EACH 3.00 $1,300.00 S 3,900.00 2 52.600.00 1 $1 300.00 80700140 GROUND ROD,518"DIA.X`10 FT. EP.CH 33.00 5160.00 E 5280.00 33 55280.00 0 SD.OD 81000600 CONDUIT IN TREIICH,?INCH DIP.,GALVANIZED STEEL FOOT 4.424.00 $14.06 $ 61 936 00 38'1 853,578.00 557 SB 358.00 Ot 0001300 CONDUIT IiJ TREIJCH,31NCFI DIA,GALVANIZED STEEL FOOT 235.00 $?1.00 $.- -4,9'5.00 215 $4.515.00 20 $420.00 81001000 CONDUIT IN TREIJCH.4INCH DIA,GALVANIZED STEEL FOOT 855.00 $24.00 E 20.520.00 855 520.520.00 0 £0.00 81018500 CONDUIT PUSHED.?INCH DIA,GALVANIZED STEEL FOOT 260.00 515.00 8 3.90000 235 53,525.00 25 8375.00 81018900 CONDUIT PUSHED.4 INCH DIP..GALVANIZED STEEL FOOT 910.00 532.00 b 25.12000 785 525.120,00 125 $4.00000 61400200 HEAVY-DUTY HANDHOLE EACH 2.00 $1.200.00 $ 2,40Q00 2 52.40000 Oj 50.00 81400400 CONCRETE HANDHOLE EACH 16.00 5850.00 $ 13,600.00 13 511,050.00 3 $2.550.00' 81400GOO CONCRETE DOUBLE HANDHOLE EACH 4.00 57,4$400 A 5600.00 3 $4,200.00 1 $1,40000 81500200 TRENCH AND 6ACK.FILL FOR ELECTRICAL WORK FOOT 11,28000 54.00 8 84.96000 103951 541.580.60 d45 $3.38000 LUMIIJAIP,E,SODIUM VAPOR,HORIZONTAL MOUNT,400 EACH 47.00 $400.00 $ 18,.800.00 I c3 S17200,001 4, _ $1,600.00; VJP.TT I 83008600 LIGHT POLE,ALUMINUM,40 FT.M.H..15 FT.MAST ARM I EACH 31.00 $2,000 OU $ G?GCO OO 31 b'200000 0 '8000 0 057260 LIGHT POLE WOOD,45 FOOT.CLASS 5 EACH 4.00 S500,00 S 2006 00 1 4 $2,00000 0 LO OC 83600300 LIGHT ROL E FOUNDATION.30"DIAMETER "r00T 31000 $160.00 S 49.60n.001 310 $49.60000 01 $000 83800105 BREA.KAWArY DEVICE TRANSFORME R Bv,SE 15 IhiCH EACH 31 00 $3°5.00 $ 10,07'00 311 510075.61 0 $000 BOLT CIRCLE 84200506 P,EMOVAL OF EY.I61ING LIGHTING UNIT,SALVAGE EACH 13.00j $656.06 $ 8450.60 13 58.450.00 0� $000' 84200700 LIGHTII�IGFOUfIDA.TIONREMO`✓AL EACH 1306 $50000 £ 6.500.00 131 $6.560.00; 0 $0.00 I 85700200 FULL-ACTUATED CONTF.OLLER AIJD TYPE IV CABINET EACH 300 `a 14,000.00 $ 42.00'7.00 2 328 000.00 tI $14.000.06. 06401100 TRANSCEIVER.-FIBER OPTIC EACH 3.601 $2.800.00 S 847000; 21 55.600001 1 52800.001 87100160 FBEP.OPTIC CABLE IN CODIDUIT. NO 625/125.24F FOOT 6 030 00 £3.00 $ 24 056 UO 7405 S?2,21500 625 $1.875-00 8730;215 ELECTRIC CABLE IN CONDUIT SIGNAL NO 14 2C FOOT 1,451.00 50.95 S 1,378 451 1064 51,010.80 387 $367 65 57301225 ELECTRIC CABLE III COCIDUIT.SIGNAL NO 14 313 FOOT 15?i.00'I £1.15 $ i 756 OS 11041 a^1.269.60 423 $48645; 87301245 ELECTRIC CABLE IN CONDUIT SIGNAL NO 14 SC FOOT 9,998 001 $110 S 1059?S0 8435 $9.278.50 UG3 $1.719 30' 07301255 ELECTRIC CABLE IN CONDUIT SIGNAL NC 14 713 1007 1 3556.00 $1251 S 494500 2397, 52996 25 X551 £154875) 87301805 ELECTRIC CABLE IN CONDUIT SERVICE NO 6 2C FOOT 400.001 6415 $ 1 6G OC 300 51.245.001 1001 £415 COI 07500600 TRAFFIC.SIGNAL POST.GALVANIZED STEEL 1I FEET EACH 1 1.001 51.0000015 +r0000 1 $1.00000 0 $0.001 I I 87702300 STEEL COMBINATIGN MAST A.Rtd ASSEMBLY AND POLE EACH 201 £10.00000 S 20.-06 DC 2�1 520.000 00 01 50001 52 FEET I °7702050 STEEL COMBINATION MAST ARM ASSEMBLY A PGLE EACH 1 00� 55,D00.001 5 5.0=70.00 1� 55,00600 01 50.00 �"2 FEET 8_02S6D STEEL COMEINATION 64A 5T ARM ASSEMBLYARID POLE EA13H 1.001 5600000 6.000.00 1 85 AOO.Of. 0. cn 00,. STEEL CON1?IIJ.,TIOI I MAST ARM A.SSEMELY AND POLE� � 1 e77G2G7G �„ EACH 1 00� 56500 oa�s 6 5DO oo� . -=Go ml o� $G eD� FT y .. 1r • Randall Bowes TOTAL UNIT COST TOTAL COST I OuaNit RnI ll Cost OuanCity Bowes Cost PAY ITEM UNIT QUANTITY CODE tJ O. p 50.00 9770"'280 STEEL COMBUTATIGfJ MAST ARM ASSEMBLY AND POLE EACH 1.00 55,500.00 5 6500.00' 1 56500.00 ` 30 FT. 1 00 $7,000.00 5 7,000.00 1 57,;00.00 0 $0.00 STEEL COMBINATION MAST ARM ASSEMBLY AND POLE EACH 87702910 36 FEET $9.500.00 E7702920 STEEL COMBINATION MAST AR4d P.SSEM5LY AfID POLE EACH 1.00 59 SUG.G0 5 5 500 GO p 5GD0 1 50 FEET 000 00 $ 22,000.00 i 1 511 DD0.00 1 511.000 00 STEEL COh1BINATION MAST ARM ASSEMBLY AND POLE EACH 2.00 511, 87703000 55 FEET 570,000.00 877044['5 ST EEL COMBINATION MAST AF'.M ASSEMBLY AND EACH 1.00 52000000 5 20000.00 0 $0.00 1 POLE WITH DUAL MAST ARMS.38 FT.AND 55 FT. 1 OG 570 000 00 $ 20 000.00 1 0 $0.00 1 $20,00000 STEELCOM BINATION MAST ARM ASSEMBLY.AND EACH - q $800.00 87704470 POLE WITH DUAL MAST ARMS.48 FT.AND 2C•FT. 16 $3'00 00 FOOT 2000 §200.00 $ 4000.00 6 $3,200.00 4 $1,600 00 87800100 CONCRETE FOUNDATION,TYPE A FOOT 12.00 $400.DO $ 4.900.00 30 $3500.00 01 $000 e780D200 CONCRETE FOUNDATION.TYPED FOOT 30.00 $12000 S 3600.00 1 60 $12,000.00 8?800400 CONCRETE FOUNDATION.TYPE E 30 25 400.00 1 67 §13.400 00 F0OT 127.W 520000 $ 4 $3,600.00 87800415 CONCRETE FOUNDATION,TYPE E 36" 6 55400.00 BRACKET EACH 10.00 5900.00 $ 9000.00 891 02717 PEDESTRIP.N SIGNAL HEAD,LEO,1-FACE, 39 5468000 14 $1,68000 MOUNTED WITH COUNTDOWN TIMER EACH 53.00 $120.00 $ 6060.00 7 $7,700.00 4 $4,400.00 88200100 TRAFFIC SIGNAL BAr_KPLATE.LOUVERED EACH 11 00 $1,10000 $ 12,100.00 5407D 00 1 $2,010.00 88700200 LIGHT DETECTOR EACH 3.00 $2,01000 $ 6030.OG 6 $1,500.00 3 $750.00 88700300 LIGHT DETECTOR,AMPLIFIER EACH 9.00 525000 $ 2250.00 1 $$2000.00 0 $0.00 88800100 PEDESTRIAN PUSH-BUTTON EACH 100 $3200000 $ 32000.00 $1'?OO.00 0 $0 OG 89000100 TEMORARY TRAFFIC SIGNAL INSTALLATION EACH 1 00 $1,200.00 $ 1.200.00 1 89502375 REMOVE EXISTING TRAFFIC SIGNAL EQUIPMENT ig $4800.D0 0 $000 EACH 16.00 $300.00 $ 4,800.00 9 $1,80000 $9502380 REMOVE EXISTING HANDHOLE EACH 9,00 §200.00 $ 1,80000 45 $13.500.00 $0.00 89502385 REMOVEEXISTINGCONCRETE FOUNDATION FOOT 4500 5300.00 $ 13500.00 $000 550A0050 AUGERED CLASS A TYPE 1 12" 21,600.aD 72 521.000.00 113 $33.900.00 FOOT 72.00 $300.00 E $0.00 550A0070 AUGERED CLASSATYPEti.`." FOOT 11300 $300.00 $ 33.900.00 $0.00 321 $'8.80000 550A0160 AUGERED CLASS A TYPE 2 15" FOOT 32.00 5900-00 S 28 800.00 $000 60 $60,000,00 55040450 AUGERED CLASS A TYPE 2 3G" FOOT 60.00 51,000.00 $ 60.000.CO 5BOA0480 AUGERED CLASS A TYPE 2 48" 1 00 $11 000.00 $ 11,00000 1.00 $11,000.00 000 $0 co STEEL COMBINATION MAST ARM ASSEMBLY AND POLE EACH 8770XXXX 66FEET $0.00 EACH 200 $21.000.00 0.00 8770XXKX STEEL COMBINATION MAST ARM ASSEMBLY AND POLE �00 $11 500 Op $ 23,000.00 GB FEET 50D.00 0.00 §0 00 STEEL COMBINATIGN MAST ARtd ASSEMBLY AND POLE EACH 1.00 $12,500.00 $ 12,500 30 t 00 SL„ $0.00 8770X,XXX 00011 70FEET FOOT 100.00 $250.00 $ 25,OOD.Op 100.00 $25.000.00 2J $5750.00 878004XX CONCRETE FOUNDATION,TYPE E 42" 13 $7.250.00 §437.50 EACH 36.00 5250.00 $ 9,000.00 6^5 X0322054 REMOVAL OF PRECAST FLARED END SECTION 7405 $5.183.50 FOOT $,030.00 $0.70 $ 5.621.00 X0322925 ELECTRIC CABLE IN CONDUIT,TRACER.NO.141C 200 $13,000.00 $ 26,00000 1 $13,000.00 1 $1300000 LIGHTING CONTROLLER,SINGLE DOOR,CONSOLE EACH 1 $4500 00 X0323?92 TYPE 2 E5,000.00 EACH 3.00 54.500.00 $ 13.500.00 5375.00 SD30p $12.575.00 X0324134 BATT BACKUP SYSTEM/CABINET SO YD 518.00 $25.00 $ 12,950.00 15.00 800 $8.000 00 X0;25436 TEMPORARY PAVEMENT(VARIABLE DEPTH) EACH 800 51.000.00 $ 8.000.00 0.00 E0.00 X6020074 INLETS,TYPE A TYPE 3V FRAME AND GRATE $0,00 TRAFFIC CONTROL AND PROTECTION,S7ANDAR:D L SUM 1.00 $3,000.00 $ 3.000.00 X7010800 702001 - 1.00 $5000.00 $ 5,002.00 $000 $0.00 TRAFFIC CONTROL AND PROTECTION STANDARD i [SUM X.'010900 704001 '` -' $8 00 $ 3040 00 297.00 52076.00 108 CO $864 00 SO FT 405 00 28000 5^240.OD -X7800100 PAINT PAVEMENTMARKING-RAISED-MEDIAN S,O cT 1 1"+8 GO $8.00 5 9.104.00 858.00 56.864.00 X7900200 PAINT PAVEMENT MARKING-CURB UNIT DUCT WITH 3.11C NO.4 AND 1-1 1C NO.6 GROUND, FOOT 10.:10 00 $11.00 $ 113,410.00 10 310 O0 $11341000 $0.00 X8160370 600V,(ERR-TYPE RH\N,11/4"DIA.POLYETHYLENE X8210015 TEMPORARY LUMINAIRE,HIGH PRESSURE,SODIUId EACH 4.00 $400.00 $ 150000 4.00 $160000 000 $0.00 VAPOR.400 WATT _ 395001 $711.00 ELECTRIC CABLE IN CONDUIT,GROUNDING, NO.6 FOOT 1,667.00 51.80 $ 3,OGD.60 1 272.001 K28960 X8730027 1C 1.887.00 $1391 OS 330.00 $346.0. X8730250 ELECTRIC CABLE IN COtJDUIT,RIO.20 3/G TWISTED FOOT 2,217.00 $105 b 23_7.85 SHIELDED 800 $8.00000 SIGNAL HEAD.LED.1-FACE,3-SECTION,fdAST AP,M EACH 37.00 $1 000.00 S 37,OOCD0 29 00 $29000,00 Y.8800020 MOUNTED X8800035 SIGNAL HEAD,LED.1-FACE..3-SECTION,BP,ACKET EACH 3.00 590000 S 2.700.00 3.00 $2,700.00 000 $000 MOUNTED $9600 00. SIGNAL HE D.LED,1-FACES-SECTION,MAST ARM EACH 16.00 $1,600.00 S 25,6•%000 10 p0 $16.000.00 6.00 X8800040 MOUNTED EACH 0.00 $0.00 2.00 $2800.00 X8800045 51017,4.[HEAD.LED,1-FACE,5,SECTIOtJ,BP.P.CKET 2.00 $1,400.00 $ 2.800 UO 300 $150.00 MOUNTED 3.00 $50.00 $ 150.00 $O.OG EACH $0.00 7200 $216 OD XX000G10 RELOCATE EXISTING MAIL BOX FC'JT 72 nn $3.00 $ 216.D0 0.00 54 000 DC XY.001758 FENCE REMOVAL 200 $6000 OUI 1.00' LS 3.00 54.00000 S 12 000.00 1. $1.000.00 0.00 SC.00 XY.D02856 RE-OPTIM17E TRAFFIC SIGNAL 5'i STELA.LEVEL II EACH 1.00 S1,00000 S 1X0000 i$-6,000.00 1 pp 518000 001 XX.003079 REMOVE JUNCTION BOX EACH 3.00 $18000.00 S 54,00000 200 ✓-,003165 VIDEO VEHICLE DETECTION SYSTEM 3'16.50 E30.00 PIG.tF 310 FOOT 2,71000 $1.15 $ 1.880 OG £2.162[0 XX003583 VIDEO ELECTRIC CABLE iN C'ON.DUIT, j 1,8P.0 G0 53,190.00 816 001 514110U� X1(D03534 VIDEO BELDEN 8281 COAXIAL CABLE IN CONDUIT FOOT 2.71000 $1 70 5 4?"00 $87626 28 Ot 5352.141 XXOO'991 BITUMINOUS DRIVEWAY PAVEMENT T' I SOYD 9060 514.00$ 1,26840 62.59 , , 'DIAMETER,TYPE 3V FRAME 2600 52?00.00 $ 5720000 1300 CATCH BASINS TYPE A 4 EACH 529,000.00 1'.001 $28.600 OG� XX004394 AND GRATE $000 50 D0 UNIT 5001 54000 $ 20000 $000 $0.00 ZOO19600 DUST CONTP.OL WATERING SO YO 60 00 $55.00 5 3 300.00 1ST GPJE RIPRPP.CLASS 82. 59015.00 21 00 51007.50 1 0.I AO 15 610 0) 12"WMO STORM SEWER. FOOT 1.042.001 $57.50 5 0 542630.00 800D FOOT 68500] $7000 5 48.23000 6�5 U� 14_00 $11.0 D0 15"WMO STORM SEWER FOOT 305 00 575.001 S 22.875 00 158.001 5'11.850 00 SU 001 iC"WIv1O 57ORM SEINER, j FOOT 183.00'1 $`5.00 S 15_°.55.00 183.001 51555500 54.455 C0 121"WMO STGP.M SEWER 87001 599.U:i1S 8.613.00' 4200. 54.158.00 45.00 24"WN4G SiOP.M SEWER FOOT b32.G°500 tow 51 470 Or, P.^SOT 71900 SiDSUO 5 3'455.00 30SDGI 80001 58.BM.f1Gi j 30"WMG STOP,M SEWER FCO7 8000 $110.00 S 6.800 C0 §0 00� 3" WW)STORM,SEWER 7'.270.00 $0 G0 '9'_,00 521�3000I F0OT 197 OO 5110 001 S j $0 r01 i3o"'W�10 STOR h^.BEVdEP. 35.001 'atQCO $ 350 M 35001 1350 0G - 8"FIELD TILE I FOOT 45 DG 1'_2.500.00 S0.001 AUGERED CLASS A TYPE 2 21 FGOT 4500 5500.00 5 2.500 00 o n SCO!,I AUGERED CLASS.4 TYPE 2 29 X45 FOOT G5 001 51.200.00 5 8]PAO UO 6l,.00i e8_800 00 j SO 001 F"OT 57.90 5400.00!5 290000 I 57001 $2.800001 A E ED a nn t t ( 07 '`00 001 SU^C 1 AUGERED N C IS' FDO 2L UDI a v i S Randall Bowes UNIT TOTAL UNIT COST TOTAL COST Quantity Randall Cost Quantity Bowes Cost CODE NO. PAY ITEM QUANTITY $0 00 AUGERED WtdO 21" FOOT 74.00 $50000 $ 37,000.00 7400 531.000.00 1 $0.00 O 30" FOOT 131.00 $1.200.00 S 157.20 0.00 131.00 $157,200.00 AUGERED'WM FOOT 259.00 $1,20000 S 31G 800.00 14200 $170,400.00 11700 5140,400.00 A.UGEREDWM0 36" CATCH BA SIN,TY A-7'DIAMEER,TYPE I FRAME, EACH 12.00 S°,000.00 $ 3600000 12.00 53600000 0.00 $000 OPEN LID 500 512.500.00 CATCH BASIN,TYPE A.5'-OIP.METER,TYPE 5V FRAME CH 5.00 $2.500.00 $ 1?,500.00 I 0.00 $0 00 AND GRATE 3803.00 $"'73,816.00 CU YD 3,803.00 572.00 $ 273.816 00 SO 00 GEOFOAM-EPS 1 00 $ - 1 50.00 HEADWALL FOP.CULVERT EXTEPISION EACH INTERSECTION VIDEO TRAFFIC MONITORING Sr STEM EACH 3.00 58.000.00 $ 24,000.00 2 pp $16.000.00 100 $5.000.00 WITH Pff2 CAMERA 2500.00 $000 MANHOLE,TYPE A-11'DIAMETER,TYPE 1 FRAME, EACH 1.00 $1,500 $ 1 pp 52500.00 CLOSED LID $0.00 MODULAR BLOCK RETAINING WALL 50 FT 3079.00 $50.00 $ 153,950.00 3.079.00 $153.950.00 0.00 g0.00 PIPE CULVERT REMOVAL 24"X 36" FOOT 34.00 550.00 $ 1,700.00 3400 51.700.00 SPREAD SPECTRUM RADIO TEMPORARY LS UM 1.00 $15,000.00 $ 15000.00 100 $15000.00 INTERCONNECT FOOT 526.00 $92.00 $ 48.392.00 526.00 $48.392.00 $0.00 SS 1 RCP CL 2 60 FOOT 792.00 $105.00 S 03.160 03 792 583.160.00 SS 2 RCP CL 3 60 0 50.00 273 $8,463.00 SS 2 RCP CL 4 12 FOOT 273.00 531 0 $ B 463.03 $0 00 106 $3 604 00 FOOT SS2RCPC14 15 106.00 b34.00 $ 3.004.00 $000 SS 2 RCP Cl 4 18 FOOT 114.00 $36.00 $ 4,104 00 114 $4 i SD 00 46 $1,426.00 FOOT 46.00 831.00 S 1,426.00 SS 4 RCP CL 4 12 EACH 1.00 $1 000.00 S 1 OOO.CG 1.00 Si 000.00 0.00 $0.00 TEMPORARY TRAFFIC SIGNAL TIMINGS $ 9 0_7,584-2 � $5.916,473,07 $2�41,7CGA3 i SUBTOTAL $ 45137934 CONTINGENCY 5% S 9,479.000.00 TOTAL COST $8,158,219.51 90%of Total 27%Bowes 73%Randall Split Remainder of Costs 73127: Difference' $ t 120780 49 $964.169.76 $356,610.73- Subtotal Randall Road: $6,800,642.83 Subtotal Bowes Road $2,598,357.17 14.5%Cootracto-Overhead and Profit b997,693.21 $376,761.79 Total Randall $7,878,336 04 Total Bowes $2,975,118.96 Utility Relocations Cable $40,00000 Gas $220,00000 Telephone $12.000.00 ComEd $550,000.00 Total $822,000.00 Total $305,000.00 Columbine Improvements