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Section 1. The Agreement entitled "Intergovernmental Agreement" between the
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ABSENT:
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APPROVED
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Anril 17- 2017.
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I
INTERGOVERNMENTAL AGREEMENT
THE COUNTY OF COOK LAKE COOK ROAD
Raupp Boulevard to Hastings Lane
VILLAGE OF BUFFALO GROVE Section: 14-A5015-03-RP
and 14-A5015-04-RP
This Intergovernmental Agreement (the "Agreement") is made and entered into by and
between the County of Cook (the "County"), a body politic and corporate of the State of Illinois, and
the Village of Buffalo Grove (the "Village"), a municipal corporation of the State of Illinois. The County
and the Village are sometimes individually referred to as "Party" and collectively referred to as the
"Parties."
WHEREAS, the Constitution of the State of Illinois, 1970, Article VIL Section 10, authorizes units of
local government to contract or otherwise associate among themselves in any manner not prohibited by
law or ordinance; and
WHEREAS, the provisions of the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., authorize
and encourage intergovernmental cooperation; and
WHEREAS, the County by virtue of its powers as set forth in the Counties Code, 55 ILCS 511-1 et
seq., and the Illinois Highway Code, 605 ILCS 511-101 et seq., is authorized to enter into this
Agreement,- and
WHEREAS, the Village by virtue of its powers as set forth in the Illinois Municipal Code, 65 lLCS
511 -1 -1 et seq., is authorized to enter into this Agreement-, and
WHEREAS, the County and the Village are units of local government under the Illinois Constitution
and have the constitutional and statutory authority to enter into this Agreement; and
WHEREAS, in order to facilitate the free flow of traffic and ensure the safety of the motoring public, the
County and the Village wish to make improvements to Lake Cook Road from Raupp Boulevard to
Hastings Lane, and
WHEREAS, the improvements shall include Portland cement concrete pavement construction including,
but not limited to, pavement removal, concrete curb and gutter removal and replacement, storm sewer
installation, traffic signal installation, signing, traffic protection, pavement marking, landscaping and
other necessary highway appurtenances (hereinafter called "Project" and designated as Cook County
Section: 14-A5015-03-RP and 14-A5015-04-R-P); and
WHEREAS, the Village has requested that the County include in its Project the installation of noise wall
staining, street lighting installation, installation of Emergency Vehicle Pre-emptive Device (EVPD)
systems, landscaping, upsizing the storm sewer system main line on Buffalo Grove Road and installation
of water main (the "Village Work"); and
INTERGOVERNMENTAL AGREEMENT
Lake Cook Road - Raupp Boulevard to Hastings Lane
Sections: 14-A5015-03-RP
14-A5015-04-RP
WHEREAS, the Village has secured Federal funding for the Village or, and without said funding the
Village Work could not be completed; and
WHEREAS, in consideration for the inclusion of the Village Work, the Village agrees to assume certain
maintenance responsibilities upon completion of the Project by the County; and
WHEREAS, the County and the Village, by this instrument, desire to memorialize their respective
obligations and responsibilities toward construction and funding of the Project, as well as future
maintenance responsibilities upon completion of the Project; and
NOW, THEREFORE, in consideration of the promises, covenants, terms and conditions set forth in this
Agreement, the Parties hereto agree as follows:
SECTION 1. INCORPORATION OF RECITALS
The above recitals are incorporated into this Agreement as if fully set forth herein.
SECTION 2. TERM AND TERMINATION
This Agreement between the County and the Village shall not become effective unless authorized ani
executed by the Cook County Board of Commissioners and an authorized representative of the Village.
This Agreement is a legal, valid and binding agreement, enforceable against the Village and the County,
in accordance with its terms. This Agreement shall terminate upon completion of the Project.
Notwithstanding the foregoing, the Parties hereto agree that the provisions of Sections 4.8 Post -Project
Maintenance, 5.8 Post -Project Maintenance and 5.9 Payment to the County herein shall survive
termination of this Agreement, unless expressly terminated by the Parties in a writing signed by both
11.1arties.
SECTION 3. PROJECT FUNDS
3.1 Federal Funds. Federal Funding in the amount of Ten Million Four Hundred Twenty
Thousand Dollars ($10,420,000.00) of STP funds, and Twelve Million Two Hundred Seventy -
Two Thousand Dollars ($12,272,000.00) of CMAQ funds, totaling a maximum amount of
Twenty -Two Million Six Hundred Ninety -Two Thousand Dollars ($22,692,000.00), will be
applied toward the construction costs of the Project,
3.2 County's Slime of the Project, The County's share of the Project shall be equal to the actual cost
of the Project less the Federal and Village shares of Project. The County's total cost is
estimated as Twenty -Eight Million Nine Hundred Ninety -Seven Thousand Five Hundred Four
Dollars ($28,997,504.00).
3.3 V itlage ' s Share hell'ro� gt�t The Village's share of the Project shall be equal to the actual cost
�
of the Village Work less the Federal and County shares of funds allocated to said items. The
Village's total cost is estimated as Two Million One Hundred Seventy -Five Thousand Five
Hundred Eighty -One Dollars ($2,175,581.00).
3.4 Cost Estimates, A Funding Breakdown for the Village Work is incorporated and attached hereto
as Exhibit A. The Funding Breakdown is only an estimate and does not limit the financial
obligations of the Parties as described in Sections 3.2 and 3.3 above,
NOMEEM
INTERGOVERNMENTAL AGREEMENT
Lake Cook Road — Raupp Boulevard to Hastings Lane
Sections: 14-A5015-03-RP
14-A5015-04-RP
4.1 Construction. The County shall advertise and receive bids, award the contract, and cause the
Project to be built in accordance with the approved plans and specifications.
4.2 County as Lead lAgent; Appropriatioti of Funds. The County shall finance the construction and
construction engineering and act as Lead Agent for the Project.
4.3 Coordination with the Village. The County shall allow the Village to observe all Village or
construction, address concerns expressed by the Village regarding said construction, and allow
the Village to participate in the Final Inspection of said Village Work.
4A fWPI) Systems.
4.4.1 The County shall install a new EVPD system on the Traffic Signal along Lake Cook
Road at Buffalo Grove Road, at the Village's sole expense.
4.4.2 The County shall install a new EVPD system on the Traffic Signal along Lake Cook
Road at IL Route 83 (McHenry Road), at the Village's sole expense.
4A.3 The County shall install new EVPD system on the Traffic Signal along Lake Cook Road
at Weiland Road, at the Village's sole expense.
4.4.4 The County shall install new EVPD system on the Traffic Signal along Lake Cook Road
at Lexington Drive, at the Village's sole expense.
4.4.5 The County shall install new EVPD system on the Traffic Signal along IL Route 83
(McHenry Road) at Buffalo Grove To Center, at the Village's sole expense.
4.5 Luminaire. The County shall install Luminaires on combination traffic signal mast arm, at the
County's sole expense.
4.6 Traffic Si pals.
4.6.1 The County shall install a new Traffic Signal system and associated appurtenances along
Buffalo Grove Road at Weiland Road, at the County's sole expense.
4.6.2 The County shall install a new Traffic Signal system and associated appurtenances along
Lake Cook Road at Lexington Drive, at the County's sole expense.
4.6.3 The County shall install a new Traffic Signal system and associated appurtenances along
IL Route 83 (McHenry Road) at Buffalo Grove Town Center, at the County's sole
expense.
4.7 Notification of Dina[ Inspection. The County shall provide the Village fourteen (14) working
days' advance notice of the Final Inspection.
019SUM
INTERGOVERNMENTAL AGREEMENT
Lake Cook Road — Soup Boulevard to Hastings Lane
Sections: 14-A5015-03-RP
14-A5015-04-RP
4.8 Post -Project Maintenance.
iffifli 711 fflii� 11111 1111111 1111 111 1
4.8.2 The • shall monitor the operational status of the EVPD systems along Lake Cook
Road at Buffalo Grove Road, Lake Cook Road at IL Route 83 (McHenry Road), Lake
Cook Road at Weiland Road and Lake Cook Road at Lexington Drive through its
Electrical Maintenance Contractor, who will inform the Village • any equipment
requiring •
4.8.3 The County shall maintain the Luminaires installed on combination traffic signal mast
arms.
4.8.4 The County shall own, operate and maintain the traffic signals along Buffalo Grove Road
at Weiland • and Lake Cook Road at Lexington Drive, cause them to be
maintained and enervized, and be responsible for all settings and timings upon
completion of the traffic signal systems.
4.9 Relocation of Utilities, The County shall be responsible for one hundred percent (100%) of the
costs for relocation of the following utilities:
4.9.1 Sanitary sewer forcemain and watermain at Bank of America (southwest comer of Lake
Cook Road and IL Route 83).
5.1 Time of the Essence. The obligations of the Village as set forth in this Section 5 shall be
performed in a timely manner such that it will not result in a delay of the Project timetable as
determined by the County.
5.2 Design Plans and Specifications. The Village shall supply the County with final design plans,
specifications and contract documents for bidding purposes. Said information shall be provided to
the County no later than sixty (60) calendar days prior to the bid date as determined by the
County
5.3 Permits and Associated Fees. The Village shall secure any necessary regulatory permits and pay
their associated fees for the Village Work utilities installation and/or adjustments included in the
Project and Village Work.
5A Public Notification of 11'roicet. The Village shall coordinate and control public notification of
Project scope, timing and duration through its municipal newsletter, website, etc.
INTERGOVERNMENTAL AGREEMENT
Lake Cook Road — Raupp Boulevard to Hastings Lane
Sections: 14-A5015-03-RP
14-A5015-04-RP
5.5 Villaae Owned Rilzilt-of-Way. The Village shall allow the County access to any Village owned
• or utility easements for the purposes of constructing the Village Work. Additionally,
the Village shall be • for the acquisition of any additional right-of-way or utility
easements necessary for construction of the Village Work, as shown on the Village plans and
included as part of the Project, and be responsible for all costs associated with said right-of-way
or utility easement acquisition.
5.6 Coordination witli the County. The Village shall assign a representative to coordinate and monitor
the Village or under construction and bring to the attention of the County's Resident Engineer
any matters of concern with respect to same; and, said representative shall participate in the
existing water main valve shutdown, new valve opening, water main pressure testing and
chlorination certification of water main work.
57 Final lusnection. The Parties shall be present and participate in the Final Inspection, and the
scheduling • such Final Inspection shall be solely at the discretion of the County. The Villagg
shall not cause a condition that would unreasonably delay the Final Inspection. The Village shall
submit final punch list items within seven (7) working days prior to the Final Inspection date as
determined by the County.
5.8 Post -Project Maintenance. Following acceptance of the Village Work by the Village after a Final
Inspection conducted jointly with the County, the Village shall:
5.8.1 Maintain Village aesthetics of the front and back sides • the noise walls and panels,
including wall staining and graffiti removal on the north side of Lake Cook Road.
5.8.2 Own, operate and maintain Village street lights and infrastructure that we-�
installed/improved as part of the Project, and be responsible for the cost of electric
energy supply for street lighting. This shall include the street lighting systems on Weila
Road from north of Woodstone Drive to Lake Cook Road; on Lake Cook Road fro
Raupp Boulevard to Weiland Road; on the north side of Lake Cook Road from 1,400 fe
west of Lexington Drive to east of Lexington Drive, excluding the lighting controller-,
Buffalo Grove Road from approximately 400 feet north of Lake Cook Road to La
Cook Road; on the southwest side of Buffalo Grove Road from Lake Cook Road
approximately 500 feet south of St. Mary's Parkway; and on the northeast side
Buffalo Grove Road from Lake Cook Road to 500 feet south of Lake Cook Road. I
5.8.3 Be responsible for future maintenance of the bikepath and sidewalk within the Village's
jurisdiction.
5.8.4 Own, operate and maintain the sanitary sewer mainline that was relocated/improved as
part of the Project.
5X5 Own, operate and maintain the Village storm sewer system that was installed/improved
asp of the Project.
5.8.6 Own, operate and maintain the water main that was relocated/improved as part of the
Project.
MMLi
INTERGOVERNMENTAL AGREEMENT
Lake Cook Road — Raupp Boulevard to Hastings Lane
Sections- 14-A5015-03-RP
14-A5015-04-RP
5.8.7 Be responsible for one hundred percent (100%) of the maintenance costs of the EVPD
systems along Lake Cook Road at Buffalo Grove Road, Lake Cook Road at IL Route 83
(McHenry Road), Lake Cook Road at Weiland Road, Lake Cook Road at Lexington
Drive, and IL Route 83 (McHenry Road) at Buffalo Grove Town Center.
5.8.8 Enter into an agreement with and use the County's Electrical Maintenance Contractor for
repair and/or replacement of parts for the EVPD systems, and pay said contractor directly
for repair/replacement costs as they occur.
5.8.9 By execution of this Agreement, the Village acknowledges that it shall not have access to
or on the County's traffic signals.
5.8.10 Maintain the landscaped medians along Weiland Road north of Lake Cook Road and on
Lake Cook Road west of Weiland Road within its municipal limits, including mowing,
watering, replacement of dead or diseased plants, removal or pruning of plants including
trees and upkeep of the medians in a sightly and litter -free condition. The Village
acknowledges that if, at some later date, they desire to enhance the medians with
additional trees, plantings, irrigation system, etc., a separate County Department of
Transportation and Highways permit will be required for said enhancement(s).
5.8.11 Own, operate and maintain electrical outlets in the landscaped medians within its
municipal limits.
5.8.12 Pay the County twenty-five percent (25%) of the maintenance charges forte traffic
signals along Buffalo Grove Road at Weiland Road and Lake Cook Road at
Lexington Drive, within thirty (30) days of the County's quarterly statement.
5.8.13 Pay twenty-five percent (25%) of the electrical charges directly to Commonwealth
Edison Company in accordance with a service contract to be entered into with that
company for the traffic signals along Buffalo Grove Road at Weiland Road and Lake
Cook Road at Lexington Drive.
5.8.14 Maintain the retaining wall at the northwest comer of Lake Cook Road at Weiland
Road.
5.9 Ilayrnent to the Count . The costs that the Village are obligated to pay as described in Section 3
Project Funds shall be paid in three (3) installments as follows:
5.9.1 The first installment in the amount of Seven Hundred Twenty -Five Thousand Dollars
($725,000.00) shall be invoiced by the County within ninety (90) days following the
contract award, but not before January 1, 2018 and the Village shall pay the County
within thirty (30) days after receipt of the invoice from the County.
��$FIFAULJLIUI
INTERGOVERNMENTAL AGREEMENT
Lake Cook Road — Raupp Boulevard to Hastings Lane
Sections: 14-A5015-03-RP
14-A5015-04-RP
5.9.3 The third installment, the remaining balance of the Village's obligations, based upon
the actual quantities used and the contract unit prices as awarded, shall be invoiced upon
completion of Final Inspection, but not before January 1, 2020 and the Village shall pay
the County within thirty (30) days after receipt of the invoice from the County.
5.9.4 Payments to the County shall be by check payable to the Treasurer of Cook County, for
deposit into the County's Motor Fuel Tax Fund (600-585 Account), The check shall be
mailed to the Superintendent, Cook County Department of Transportation and
Highways.
5.10 Street Li htin gernq. The Village shall pay all the costs associated with the installation of the Sy
Street Lighting systems on Weiland Road from north of Woodstone Drive to Lake Cook Road; on
Lake Cook Road from Raupp Boulevard to Weiland Road; on the north side of Lake Cook Road
from 1,400 feet west of Lexington Drive to east of Lexington Drive, excluding the lighting
controller; on Buffalo Grove Road from approximately 400 feet north of Lake Cook Road to
Lake Cook Road; on the southwest side of Buffalo Grove Road from Lake Cook Road to
approximately 500 feet south of St. Mary's Parkway; and on the northeast side of Buffalo Grovo
Road from Lake Cook Road to 500 feet south of Lake Cook Road.
5.11 Villa , 2 , e Infrastructure. The Village shall pay for one hundred percent (100%) of the costs for any
Village infrastructure improved/installed as part of the Project, including design engineering,
construction and construction engineering; said items include, but are not limited to, storm sewer,
sanitary sewer, water main, etc., except where specifically noted otherwise in this agreement. The
construction engineering cost associated with the Village work shall be ten percent (10%) of the
bid price, and this cost is included in the estimated costs in Exhibit A.
5,12 Relocation of Utilities. The Village shall be responsible for one hundred percent (100%) of the
cost for relocation oft e following utilities:
5.12.1 Sanitary sewer forcemain service at Shell Gas Station (northwest comer of Lake Cook
Road and IL Route 83).
5.12.2 Fire hydrant and 6" main at Northwest Community Hospital (south side of Lake Cook
Road between IL Route 83 and Weiland Road).
5.12.3 Sanitary sewer forcemain service and water service at Lou Maltiatis (southeast comer of
Lake Cook Road and Buffalo Grove Road).
5.13 Staining of the Noisewall. The Village shall be responsible for the cost of the staining of both
sides of the noisewall on the north side of Lake Cook Road,
5.14 Landscaped Median and Electrical Outlets. The Village shall be responsible for the cost of the
landscaped median and electrical outlets.
W��
INTERGOVERNMENTAL AGREEMENT
Lake Cook Road — Raupp Boulevard to Hastings Lane
Sections: 14-A5015-03-RP
14-A5015-04-RP
6.1 Goveming Law and Venue. This Agreement shall be interpreted under, and governed by, the laws
of the State of Illinois, without regard to conflict -of -law principles. Any claim, suit, action, or
proceeding brought in connection with this Agreement shall be in the Circuit Court of Cook
County and each Party hereby irrevocably consents to the personal and subject matter jurisdiction
of such court and waives any claim that such court does not constitute a convenient and
appropriate venue for such claims, suits, actions, or proceedings.
6.2 Default. The Village shall be in default hereunder in the event of a material breach by the Village
of any term or condition of this Agreement including, but not limited to, a representation or
warranty, where the Village has failed to cure such breach within thirty (30) days after written
notice of the breach is given to Village by the County, setting forth the nature of such breach.
Failure of County to give written notice of breach to the Village shall not be deemed to be a
waiver of the County's right to assert such breach at a later time. Upon default by the Village, tho
County shall be entitled to exercise all available remedies at law or in equity, including but not
limited to termination of this Agreement upon thirty (30) days' written notice to the Village.
'the County �ffa-ff-be--fn--d—efauFt-ffere—uncFe—r in the event ot a material breach by the County ot M
term or condition of this Agreement including, but not limited to, a representation or warrant
where the County has failed to cure such breach within thirty (30) days after written notice of t
breach is given to the County by the Village, setting forth the nature of such breach. Failure
Village to give written notice of breach to the County shall not be deemed to be a waiver of t
Village's right to assert such breach at a later time. Upon defa
o d
bdeqult by the Countyd, the oVillage sh
be entitled texercise all availale remeies at law or in uity, incluing but nt limite
termination of this Agreement upon thirty (30) days' written notice to the County. I
6.3 Modification. This Agreement may not be altered, modified or amended except by a written
instrument signed by both Parties; provided, however, the Parties agree that provisions required
to be inserted in this Agreement by laws, ordinances, rules, regulations or executive orders are
deemed inserted whether or not they appear in this Agreement and that in no event will the failure
to insert such provisions prevent the enforcement of this Agreement.
6.4 Binding Successors. The Parties agree that their respective successors and assigns shall be bound
by the terms of this Agreement,
6.5 Compliance with Department of Transportation and Himliways Permits. This Agreement shall
serve in lieu of a separate County permit for the noise walls, water main, sanitary sewers,
sidewalks, street lighting or any other Village infrastructure improved/installed as part of the
Project,- and, by execution of this Agreement, the Village shall be bound by the General Terms for
Department of 'Transportation and Highways permits as they exist on the date of the execution of
this Agreement by the County.
6.6 Force Maieure. Neither the County nor the Village shall be liable for failing to fulfill any
obligation under this Agreement to the extent any such failure is caused by any event beyond
such Party's control and which event is not caused by such Party's fault or negligence. Such
events shall include but are not limited to, acts of God, acts of war, fires, lightning, floods,
epidemics or riots,
NOMMM
INTERGOVERNMENTAL AGREEMENT
Lake Cook Road — Raupp Boulevard to Hastings Lane
Sections: 14-A5015-03-RP
14-A5015-04-RP
67 Notices. Unless otherwise specified, any notice, demand or request required under this
Agreement must be given in writing at the addresses set forth below by any of the following
means- personal service, overnight courier or first class mail.
TO THE COUNTY:
Mr. John Yonan, P.E.
Superintendent
Cook County Department of Transportation and Highways
69 West Washington, 24 1h Floor
Chicago, IL 60602
0
Mr. Dane Bragg
Village Manager
'6 50 Raupp Boulevard
Buffalo Grove, IL 60
6.8 Entire Agreement. This Agreement constitutes the entire agreement between the County and the
Village, and merges all discussion between the and supersedes and replaces any and every other
prior or contemporaneous agreement, negotiation, understanding, commitment and writing
with respect to such subject matter hereof.
INTERGOVERNMENTAL AGREEMENT
Lake Cook Road — Raupp Boulevard to Hastings Lane
Sections: 14-A5015-03-RP
14-A5015-04-RP
IN WITNESS WHEREOF, the County and the Village have caused this Agreement to be executed by
their respective officials on the dates as shown.
Toni Preckwinkle
President
Cook County Board of Commissioners
This 2Xday A.D. 2017.
A'17EST:
Z�
JoWYonan, P.
Superintendent
County of Cook
Department of Transportation and Highways
f r
1: wo
10OLNUM11-MV.
qP
WK, A
Beverly SLjss�ifb
Village President
'I'll is t 7 " "day of A.D. 2017.
ATTEST:
' `pillage Clerk
APPROVED AS TO FORM:
Kimberly N4. Foxx, State's Attorney
Assi'stant State's Attorne
1, DAVID D. ORR, County Clerk of Cook County, in the State of Illinois, aforesaid
and keeper of the records and files of said Cook County, do hereby certify that The
Board of Commissioners of the County of Cook, at their regular meeting held on June
28, 2017, passed the following Resolution:
RESOLVED by the members of The Board of Commissioners of Cook County, Illinois,
on behalf of the County of Cook, to authorize and direct its President to execute, by
original signature or authorized signature stamp, two (2) copies of an Intergovernmental
Agreement with the Village of Buffalo Grove, said agreement attached, wherein the
County will include the installation of noise wall staining, street lighting, Emergency
Vehicle Pre-Emptive Device (EVPD) systems, landscaping, upsizing the storm sewer
system and water main for the Village as part of the County's roadway construction
project along Lake Cook Road from Raupp Boulevard to Hastings Lane, Sections: 14-
A5015-03-RP and 14-A5015-04-RP; that the Village of Buffalo Grove shall reimburse
the County of Cook for its share of construction costs for said improvements, estimated
total Village cost $2,175,581.00; and, the Department of Transportation and Highways
is authorized and directed to return an executed copy of this Resolution with Agreement
to the Village of Buffalo Grove and implement the terms of the Agreement.
,t;,e _Ijf�ll ir�gsfllgllm
IN WITNESS WHEREOF, I have hereunto set
my hand and affixed the SEAL of said County
at my office in the City of Chicago, in said
County, this 28 th day of June A.D. 2017.
FIRM , P ax M
HATransportation & Planning\Planning\AGREEMENTS\4-INTGOVT-REIMB-LOA\Resolutions\Res A5015-03-RP LCR—Buffalo
Grove IGA.doc
INTERGOVERNMENTAL AGREEMENT
Lake Cook Road — Raupp Boulevard to Hastings Lane
Sections: 14-A5015-03-RP
14-A5015-04-RP
10,14,4111,01 a
TOTAL
FEDERAL
VILLAGE
COUNTY
ITEM
ESTIMATED
SHARE
SHARE
SHARE,
COST
Noise wall Staining
$78,276.00.00
$0
$78,276.00
$0
Street Lighting
$1,936,826.00
$1,549,461.00
$387,365.00
$0
EVPD Systems
$52,804.00
$0
$52,804.00
$0
Landscaping
$75,227.00
$0
$75,227.00
$0
Electrical outlets in
landscaped
$36,134.00
$0
$36,134.00
$0
medians
Storm Sewer System
$44,594.00
$0
$44,594.00
$0
Upsizing
Utilities (water main,
$1,501,181.00
$1,501,181.00
$0
sanitary sewer)
TOTAL
$3,725,042.00
$1,549,461.00
$2,175,581.00
$0
H:\Transportation & Planning\Planning�AGREEMENTS\4-INTGOVT-REIMB-LOA\A5015-03-RP Lake Cook Rd -Buffalo Grove— One
Contract—IGA-2-21-17.doc
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