HomeMy WebLinkAboutRESOLUTION - 51-24 - 9/10/2024 - TONNE ROAD RECONSTRUCTION PROJECT, INVEST IN COOK COUNTYRESOLUTION NO. 51-24
A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE
AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF ELK
GROVE VILLAGE AND THE COUNTY OF COOK FOR THE ACCEPTANCE OF
$250,000 IN INVEST IN COOK FUNDS TOWARD THE TONNE ROAD
RECONSTRUCTION PROJECT
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the
Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows:
Section 1: That the Mayor be and is hereby authorized to sign the attached documents
marked:
INTERGOVERNMENTAL AGREEMENT — INVEST IN COOK FUNDS
a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk
is authorized to attest said documents upon the signature of the Mayor.
Section 2: That this Resolution shall be in full force and effect from and after its passage
and approval according to law.
VOTE: AYES: 6 NAYS: 0 ABSENT: 0
PASSED this loth day of September 2024
APPROVED this loth day of September 2024
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Loretta M. Murphy, Village Clerk
RES ICA,
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INTERGOVERNMENTAL AGREEMENT
ZntergovernmentalAgreement ("Agreement") is made and entered into this /` _ day of
ells 2024, by and between the County of Cook, a body politic and corporate of the
State of Illinois ("County), acting by and through its Department of Transportation and Highways
("Department"), and the Village of Elk Grove Village, a municipal corporation of the State of Illinois
("Village" or "Grantee"). The County and Village are sometimes referred to herein individually as a
"Party" and collectively as the "Parties."
RECITALS
WHEREAS, Cook County Board President Toni Preckwinkle and the Cook County Board of
Commissioners are committed to supporting the growth and economic vitality of communities in
Cook County by promoting strategic partnerships and investments in transportation;
WHEREAS, on August 6, 2016, the Board of Commissioners unanimously approved Connecting
Cook County, the County's first long-range transportation plan in 75 years;
WHEREAS, Connecting Cook County identifies five priorities to shape the County's transportation
policies and capital improvement program:
1. Prioritize transit and other transportation alternatives to address congestion on roads and
meet the travel needs of residents who cannot afford a car or choose not to have one;
2. Support the region's role as North America's freight capital to spur economic growth and job
creation;
3. Promote equal access to opportunities to achieve greater and more evenly distributed
economic growth;
4. Maintain and modernize existing transportation facilities to minimize long-term operating
costs, safety hazards, delays, and congestion, and ensure that today's investments do not
preclude future innovation and growth; and
5. Increase investments in transportation to maintain the region's economic competitiveness;
WHEREAS, Invest in Cook is an annual $8.5 million program that funds planning and feasibility
studies, engineering, right-of-way acquisition, and construction of transportation improvements
sponsored by local and regional governments and private partners that are consistent with the
priorities of Connecting Cook County;
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WHEREAS, since its creation, the Invest in Cook program has leveraged over $200 million in
additional federal, state, and local funds;
WHEREAS, on July 25, 2024, the County informed the Village that it had been selected for
participation in the 2024 Invest in Cook Program;
WHEREAS, the County has agreed to award the Village up to $250,000 of construction funds to
improve the Tonne Road corridor from Elk Grove Boulevard to Landmeier Road, with an emphasis on
safety improvements at the Touhy Avenue and Elk Grove Boulevard intersection ("Project");
WHEREAS, this is a priority corridor for safety improvements: from 2017 to 2021, there were 81
reported crashes atthe intersection;
WHEREAS, Project work will include geometric intersection redesign to accommodate existing
traffic and truck turning movements, as well as the construction of a shared -use path and sidewalk
modifications to address pedestrian safety concerns;
WHEREAS, in addition to critical safety improvements, the Project will provide a vital link in the
Village's path network and improve connectivity to regional trail facilities;
WHEREAS, the State of Illinois, acting by and through its Department of Transportation (IDOT), will
advertise, let, and award the construction contract for the Project;
WHEREAS, this Agreement sets forth the Parties' respective responsibilities and obligations for
construction, maintenance, funding, and reporting of the Project;
WHEREAS, the County, by virtue of its powers as set forth in the Counties Code, 55 ILCS 5/1-1 et
seq., and the Illinois Highway Code, 605 ILCS 5/1-101 et seq., is authorized to enter into this
Agreement;
WHEREAS, the Village, byvirtue of its powers asset forth in the Illinois Municipal Code, 65 ILCS 5/1-
1-1 et seq., is authorized to enter into this Agreement; and
WHEREAS, this Agreement is further authorized under Article VII, Section 10 of the Illinois
Constitution and by the provisions of the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other good
and valuable consideration, the receipt of which is hereby acknowledged, the Parties agree as
follows:
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• SECTION 1. CONSTRUCTION
A. Notice to Proceed. The County's execution of this Agreement will be deemed a
"Notice to Proceed" for the Grantee to commence work on the Project.
B. Bid Documents. The Grantee will prepare contract bid documents for the Project,
including, but not limited to, the minimum qualifications, plans and specifications,
special provisions, and cost estimates; which are subject to IDOT review and
approval.
C. Construction Contract. The Grantee will forward a copy of the executed
construction contract for the Project to the County not later than 14 calendar days
after receipt from IDOT.
D. Insurance. The Grantee will request that IDOT require the construction contractor to
name the County and Grantee as additional insured parties under the contractor's
general liability insurance policy.
E. Lead Agency. The Grantee will assume overall responsibility for the Project,
including ensuringthat all required permits, easements, and agreements are secured
prior to the start of construction.
F. Project Location. A map showing the Project limits is incorporated into and made a
part of this Agreement and attached as Exhibit A.
G. Schedule. A schedule for the Project is incorporated into and made a part of this
Agreement and attached as Exhibit B.
H. Pre -Construction Notices. The Grantee will provide not less than 14 calendar days'
advance written notice to the County prior to the pre -construction meeting for the
Project and not less than seven calendar days' advance written notice to the County
prior to the start of construction.
I. Public Outreach. The Grantee will coordinate and control public notification of the
scope, timing, and duration of the Project.
J. Right of Inspection. The County and its authorized agents will have reasonable
rights of inspection (including pre -final and final inspection) during construction of
the Project. The Grantee will work cooperatively with the County to address and
resolve any concerns raised bythe Countywith respectto construction of the Project.
Any dispute(s) concerning construction of the Project will be resolved in accordance
with Section 5.1. of this Agreement.
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K. Final Inspection Notice. The Grantee will provide not less than 14 calendar days'
advance written notice to the County prior to final inspection of the Project.
L. County Permits. The Grantee or IDOT will apply for, and the County will not
unreasonably withhold, any and all permits for right of access (ingress or egress)
and/ortemporary use of the County's propertywithin the Project limits to the Grantee,
IDOT, and/or their agents, without charge of permit fees to the Grantee or IDOT.
M. County Signage. Upon request of the County, the Grantee or [DOT will erect signage
on the Grantee's property at or near the construction site(s) indicating the County's
participation on the Project. The County will provide the Grantee or IDOT with the
required signage.
N. Submittals. All submittals required of the Grantee under this section of the
Agreement must be directed to:
Aaron Lebowitz, P.E.
Deputy Bureau Chief of Construction
Cook County Department of Transportation and Highways
69 W. Washington Street, 24th Floor
Chicago, IL 60602
E-mail: InvestinCook.000a)cookcountyil.gov
• SECTION 2. MAINTENANCE
A. Definitions. As used herein, the terms "maintain" and "maintained" mean keeping
the facility being maintained in good and sufficient repair and appearance. Such
maintenance includes the full responsibility for the construction, removal, and/or
replacement of the maintained facility when needed.
B. General Duty to Maintain. Before, during, and after completion of construction of
the Project, the Grantee will maintain, or cause to be maintained, those portions of
the Project under its established jurisdictional authority.
C. Sidewalks/Multi-Use Paths. The Grantee will own, operate, and maintain any
sidewalks and/or multi -use paths constructed or improved as part of the Project, in
compliance with the Americans with Disabilities Act, Public Right -of -Way
Accessibility Guidelines, and all other applicable federal and state laws and
regulations.
D. Indemnification. The Grantee will defend, indemnify, and hold harmless the County
and its commissioners, officials, employees, agents, and representatives, and their
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respective heirs, successors, and assigns, from and against any and all costs,
expenses, attorneys' fees, losses, damages, and liabilities incurred and/or suffered,
directly or indirectly, from or attributable to claims arising out of or incident to the
construction, use, repair, and/or maintenance of any sidewalks and/or multi -use
paths constructed or improved as part of the Project.
E. Survives Termination. The Grantee's maintenance obligations described in this
section will survive termination of this Agreement.
• SECTION 3. FINANCIAL
A. Cost Estimate. Estimated construction costs for the Project are $7,873,200.
B. Cost Participation
Grantee Cost Participation. The Grantee will pay all actual construction costs
for the Project, subject to reimbursement by the County as described below.
ii. County Cost Participation. The County will reimburse the Grantee for 3.15%
of actual construction costs for the Project, up to, but not to exceed,
$250,000. The County reserves the right to modify its percentage and/or
maximum contribution towards the Project if, in the We discretion of the
County, there are material changes to the Project's scope of work.
C. Reimbursement Procedures
Advance Payment. Upon full execution of the construction contract for the
Project and receipt of an invoice from the Grantee, the County will make an
advance payment to the Grantee in the amount of $125,000. This amount
represents 50% of the County's maximum financial contribution under this
Agreement.
ii. Milestone Payment. Upon completion of 70% of the construction contract
and receipt of an invoice from the Grantee, the County will make a second
payment to the Grantee in the amount of $62,500. The advance and
milestone payments to the Grantee represent 75% of the County's maximum
financial contribution under this Agreement.
iii. Final Payment. Upon completion of construction of the Project and receipt of
an invoice from the Grantee, the County will make a final payment to the
Grantee for the balance of the County's financial obligation under this
Agreement. The amount of the final payment will reflect actual construction
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costs for the Project and the County's prior payments to the Grantee. If the
prior payments made to the Grantee by the County exceed the County's
financial obligation under this Agreement, the County may require the
Grantee to return any or all excess funds.
iv. Required Documentation. In order to receive final reimbursement from the
County, the Grantee must submit the following documentation along with the
final invoice:
a. A cover letter addressed to the Department's Deputy Bureau Chief of
Construction, including the name of the Project and its associated
section number;
b. Copies of all cancelled checks paid to IDOT and/or the contractor(s)
(or copies of the associated bank ledgers reflecting the payments);
c. Copies of all associated invoices submitted to the Grantee by IDOT
and/or the contractor(s) for the services rendered; and
d. A copy of the final performance report as described in Section 4.D.
below.
If the documentation submitted by the Grantee for final reimbursement is
reasonably deemed by the County as not sufficiently documenting the work
completed, the County may require further records and supporting
documents to verify the amounts, recipients, and uses of all funds invoiced
under this Agreement.
V. Ineligible Costs. The County will not reimburse the Grantee for any costs that
are:
a. Contrary to the provisions of this Agreement;
b. Not directly related to carrying out construction of the Project;
c. Of a regular and continuing nature, including, but not limited to,
administrative costs, staff and overhead costs, rent, utilities, and
maintenance costs;
d. Incurred without the consent of the County after the County has given
the Grantee written notice of suspension or termination of any or all
of the County's obligations under this Agreement; and/or
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e. In excess of the County's maximum financial contribution under this
Agreement.
vi. Submittals. All submittals required of the Grantee under this section of the
Agreement must be directed to:
Aaron Lebowitz, P.E.
Deputy Bureau Chief of Construction
Cook County Department of Transportation and Highways
69 W. Washington Street, 24th Floor
Chicago, IL 60602
E-mail: InvestinCook CCPcookcountyiLgov
D. Substitutions/Substitute Work. Either Party may request in writing that work or
materials be substituted with different work or materials. Provided that the substitute
work and/or materials do not unreasonably delay the Project schedule, the Grantee
will cause, or request that IDOT cause, said substitute work and/or materials to be
included in the Project. Each Party will pay the costs of substitutions for their
associated work items.
E. Additional Work. Either Party may request in writing that additional work be added
to the Project. Provided that the additional work does not unreasonably delay the
Project schedule, the Grantee will cause, or request that IDOT cause, said additional
work to be included in the Project. Additional work will be paid for by force account
or agreed unit price. Each Party will pay the costs of additional work for their
associated work items.
F. Funding Breakdown. A funding breakdown is incorporated into and made a part of
this Agreement and attached as Exhibit C.
• SECTION 4. REPORTING
A. Quarterly Performance Reports. The Grantee will submit quarterly performance
reports to the County not later than 30 calendar days after the reporting period as
determined by the County. Quarterly performance reports must include the following
information:
A cover letter addressed to the Department's Director of Strategic Planning
and Policy, including the name of the Project and its associated section
number;
ii. An estimated percentage of construction work completed forthe Project;
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iii. A statement indicating whether construction of the Project is on, behind, or
ahead of schedule;
iv. A record of construction activities and expenditures to date and for the
current reporting period;
V. A forecast of quarterly construction activities and expenditures for the
remainder of the Project; and
vi. Any significant changes to the Project schedule.
B. Extensions. The Grantee may request to extend the due date of any quarterly
performance reports and the County will reasonably consider any such requests.
C. Use of Reports. The County will use quarterly performance reports to compare the
rate of the Grantee's actual expenditures to the planned amounts in the approved
funding breakdown for the Project (Exhibit C) and to track construction activities
against the approved milestones in the Project schedule (Exhibit B).
D. Final Performance Report. The Grantee must submit a final performance report
with its request for final reimbursement. The final report should describe cumulative
construction activities, including a complete description of the Grantee's
achievements with respect to the Project's objectives and milestones. The County
will not issue final reimbursement until the Grantee submits the final performance
report.
E. Report Format. The Grantee will use whatever forms or documents are required by
the County in submitting quarterly and final performance reports.
F. Failure to Report. The Grantee understands and agrees that the failure to submit
timely and complete performance reports will result in the delay of funds and/or the
denial of future funding.
G. Submittals. All submittals required of the Grantee under this section of the
Agreement must be directed to:
Director of Strategic Planning and Policy
Attn: Jesse Elam
Cook County Department of Transportation and Highways
69 W. Washington Street, 23rd Floor
Chicago, IL 60602
E-mail: InvestinCook CCPcookcountyil.gov
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• SECTION 5. GENERAL TERMS AND CONDITIONS
A. Audit and Document Retention. Each Party, to the extent applicable, will maintain
for a minimum of three years after completion of this Agreement, adequate books,
records, and supporting documents related to the Agreement and any associated
expenditures; such books, records, and supporting documents will be available for
review and audit by each Party and their internal or external auditors; and each Party
will cooperate fully with any audit and provide full access to all relevant materials.
B. Binding Agreement. This Agreement will be binding on and inure to the benefit of the
Parties and their permitted successors and assigns, except that a Party will not assign
its obligations under this Agreement without the other Party's express written
consent, such consent not to be unreasonably withheld or delayed.
C. Compliance with Laws, Rules, and Regulations. The Parties wilt at all times
observe and comply with all applicable federal, state, and local laws and regulations,
as amended from time to time, in carrying out the terms and conditions of this
Agreement.
D. Conflicts of Interest. The Grantee understands and agrees that no director, officer,
agent, or employee of the Grantee may have an interest, whether directly or indirectly,
in any contract or agreement or the performance of any work pertaining to this
Agreement; represent, either as agent or otherwise, any person, trust, or corporation,
with respect to any application or bid for any contract or agreement or work pertaining
to this Agreement; or take, accept, or solicit, either directly or indirectly, any money
or thing of value as a gift or bribe or means of influencing their vote or actions. Any
contract or agreement made and procured in violation of this provision is void and no
funds under this Agreement may be used to pay any cost under such a contract or
agreement.
E. Conflict with Exhibits. In the event of a conflict between any attached exhibit and
the text of this Agreement, the text of this Agreement will control.
F. Cooperation. The County and Grantee agree at all times to cooperate fully with one
another in the implementation of this Agreement.
G. Counterparts. This Agreement may be executed in counterparts, each of which will
be deemed an original and all of which together will constitute one and the same
instrument.
H. County Section Number. The Project is hereby designated as County section
number 24-IICRD-02-PV. The Parties will include County section number 24-IICRD-
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02-PV on all Project -related submittals, including, but not limited to, written
correspondence and invoices.
Dispute Resolution. In the event of any dispute, claim, question, or disagreement
arising out of the performance of this Agreement, the Parties will consult and
negotiate with each other in good faith to settle the dispute, claim, question, or
disagreement. In the event the Parties cannot mutually agree on the resolution of the
dispute, claim, question, or disagreement, the decision of the Department's
Superintendent will be final.
Effective Date. The Effective Date of this Agreement will be the date that the last
authorized signatory signs and dates this Agreement. This Agreement will become
effective only in the event the corporate authorities of each Party approve this
Agreement.
K. Electronic or Digital Signatures. The Parties agree that this Agreement may be
signed by an electronic or digital signature. The Parties further agree that the
electronic or digital signatures appearing on and affixed to this Agreement are the
same as handwritten signatures for the purposes of validity, enforceability, and
admissibility, and are acknowledged as secure, genuine electronic signatures
attributable to the Parties, pursuant to the Uniform Electronic Transactions Act, 815
ILCS 333/1 et seq., or any successor law.
L. Entire Agreement. This Agreement sets forth the entire understanding between the
Parties with respect to the subject matter thereof and supersedes all prior
agreements or understandings with respect to its subject matter.
M. Force Majeure. Neither Party will be liable for failing to fulfill any obligation under
this Agreement if such failure is caused by an event beyond such Party's reasonable
control and which is not caused by such Party's fault or negligence. Such events will
include, but not be limited to, acts of God, acts of war, fires, lightning, earthquakes,
floods, labor strikes or walkouts, epidemics, pandemics, and riots.
N. Governing Law and Venue. This Agreement will be exclusively governed by and
construed in accordance with the laws of the State of Illinois, without reference to or
use of any conflict of laws provisions. The Parties irrevocably submit to the exclusive
jurisdiction and venue of the Circuit Court of Cook County, Illinois, for the purposes
of any and all proceedings arising out of this Agreement, to the exclusion of all other
courts and venues, and both Parties waive any objection to such jurisdiction and
venue.
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O. Inactivity. The County may terminate this Agreement if the construction contract for
the Project is not executed by IDOT within 18 months after the Effective Date of this
Agreement.
P. Indemnification. The Grantee will indemnify, defend, and hold harmless the County
and its commissioners, officers, directors, employees, and agents, and their
respective heirs, successors, and assigns, from and against any and all claims,
liabilities, damages, losses, and expenses, including, but not limited to, legal defense
costs, attorneys' fees, settlements, or judgments, caused by the negligent acts,
omissions, or willful misconduct of the Grantee and/or its officers, directors,
employees, agents, consultants, contractors, subcontractors, or suppliers, in
connection with or arising out of the performance of this Agreement.
Q. Interpretation. Any headings of this Agreement are for convenience of reference
only and do not define or limit the provisions thereof. All references to any exhibit or
document will be deemed to include all supplements and/or amendments to any
such exhibit or document entered into in accordance with the terms and conditions
thereof. All references to any person or entity will be deemed to include any person
or entity succeeding to the rights, duties, and obligations of such person or entity in
accordance with the terms and conditions of this Agreement.
R. Modifications. No change or modification of this Agreement will be of any force or
effect unless made in writing and duly signed by the Department's Superintendent
and an authorized representative of the Grantee.
S. No Individual or Personal Liability. The Parties agree that the actions taken, and
representations made by each respective Party and by their respective corporate
authorities have not been taken or made in anyone's individual capacity, and no
mayor/president, board member, council member, official, officer, employee,
volunteer, or representative of any Party will incur personal liability in conjunction
with this Agreement.
T. No Third -Party Beneficiaries. This Agreement is not intended to benefit any person,
entity, or municipality not a party to this Agreement, and no other person, entity, or
municipality will be entitled to be treated as beneficiary of this Agreement. This
Agreement is not intended to and does not create any third -party beneficiary or other
rights in any third person or party, including, but not limited to, any agent, contractor,
subcontractor, consultant, volunteer, or other representative of any Party. No agent,
employee, contractor, subcontractor, consultant, volunteer, or other representative
of any Party will be deemed an agent, employee, contractor, subcontractor,
consultant, volunteer, or other representative of the other.
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U. Notices. Unless otherwise specified, all notices and other communications related
to this Agreement will be in writing and will be personally delivered or mailed via first
class, certified or registered U.S. Mail or electronic mail delivery to the following
persons at the following addresses:
To the County:
Jennifer"Sis" Killen, P.E., PTOE
Superintendent
Cook County Department of Transportation and Highways
69 W. Washington Street, 24th Floor
Chicago, IL 60603
E-mail: Jennifer.killen(@cookcountyiL.gov
To the Grantee:
Ken Jay, P.E.
Deputy Director of Public Works, Engineering & Administration
Village of Elk Grove Village
450 E. Devon Avenue
Elk Grove Village, IL 60007
E-mail: kiay(d)elkgrove.c g
V. Recitals. The introductory recitals included at the beginning of this Agreement are
agreed to and incorporated into and made a part of this Agreement.
W. Severability. In the event any portion of this Agreement is held to be invalid or
unenforceable, such portion will be construed as nearly as possible to reflect the
original intent of the Parties, or if such construction cannot be made, such provision
or portion thereof will be severable from this Agreement, provided that the same will
not affect in any respect whatsoever the remainder of this Agreement.
X. Suspension; Early Termination. Subject to Section S.M. above, if the County
determines that the Grantee has not complied with or is not complying with, has
failed to perform or is failing to perform, has not met or is not meeting significant
Project milestones or objectives, or is in default under any of the provisions of this
Agreement, whether due to failure or inability to perform or any other cause
whatsoever, the County, after written notice to the Grantee of said non-compliance
or default and failure by the Grantee to correct said violations within 60 calendar
days, may:
Suspend or terminate this Agreement in whole or in part by written notice,
and/or:
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ii. Demand refund of any funds disbursed to the Grantee;
iii. Temporarily withhold payments pending correction of deficiencies by the
Grantee;
iv. Disallow all or part of the cost of the activity or action not in compliance; or
V. Take other remedies legally available.
Y. Termination. Unless extended bytheDepartment's Superintendent ortheir designee
in writing, this Agreement terminates upon completion of construction of the Project
and final reimbursement by the County, or November 30, 2028, whichever date is
earlier.
Z. Waivers of Default. No waiver of any provision or breach of this Agreement (i) will be
effective unless made in writing, or (ii) will operate as or be construed to be a
continuing waiver of such provision or breach.
AA. Warranties and Representations. In connection with the execution of this
Agreement, the County and Grantee each warrant and represent that it is legally
authorized to execute and perform, or cause to be performed, this Agreement under
the terms and conditions stated herein.
(signature page to follow)
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IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates indicated.
EXECUTED BY COUNTY OF COOK:
Toni Preckwinkle
President
Cook County Board of Commissioners
This day of ,
ATTEST:
County Clerk
RECOMMENDED BY:
Jennifer "Sis" Killen, P.E., PTOE
Superintendent
County of Cook
Department of Transportation and Highways
EXECUTED BY Vl-�IfAGE OF,ELK GROVE VILLAGE:
Craig Johnson
Mayor
This to day of
ATTEST: L<'��
Villag Clerk
APPROVED AS TO FORM:
Kimberly M. Foxx, State's Attorney
By:
Assistant State's Attorney
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Exhibit A
Location Map
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Exhibit B
Project Schedule
Description Date
Milestone 1 Alternatives Analysis 12/15/2019
Milestone 2 Phase I Design Approval 04/01/2024
Milestone 3 Final Design Plans Approved 11/27/2024
Milestone 4 Land Acquisition Certified and Completed 01/24/2025
Milestone 5 Expected Construction Letting 03/08/2025
Milestone 6 Cook County Permit Approval 03/15/2025
Milestone 7 Construction Commencement 04/01/2025
Milestone 8 Expected Construction Completion 12/01/2025
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Exhibit C
Funding Breakdown
PHASE
GRANTEE SHARE
COUNTY SHARE
3.15%,
Construction
Balance
Up to, but not to exceed,
$250,000