2007-29RESOLUTION NO. 2007- 29..
A RESOLUTION APPROVING THE STATE OF ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY BUREAU OF WATER "319"
FINANCIAL ASSISTANCE AGREEMENT RELATED TO
THE WHITE PINE TRAIL PROJECT (AGREEMENT NUMBER 3190711)
and,
WHEREAS, the completion of the White Pine Trail Project is desired;
WHEREAS, grant funding assistance is required in order to proceed with
the project;
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND
BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE AND
COOK COUNTIES, ILLINOIS, as follows:
Section 1. The State of Illinois Environmental Protection Agency
Bureau of Water "319" Financial Assistance Agreement related to the White Pine Trail
Project is hereby approved.
Section 2. The Village Manager is authorized and directed to execute
the Agreement. A copy of said agreement is attached hereto and made a part hereof.
AYES: 5 - Braiman, Glover, Berman, Trilling, Rubin
NAYES: 0 - None
ABSENT: 1 -
PASSED: October 15 , 2007
APPROVED: October 15. 2007
APPROVED:
Village President
ATTEST:
illage Clerk
GAPWDIRGRP \LHC \WHTPINE\Res 07IEPA.doc
Financial Assistance Agreement
State of Illinois
Illinois Environmental Protection Agency
Bureau of Water
AGREEMENT. PERIOD:
The period of performance covered by this agreement shall be from The Date of Execution
through October 1, 2009. No services will be paid which are performed prior to or subsequent
to this performance period.
Assistance Amount $222,031.00
Agreement Type 319 Agreement Number 3190711
Recipient Village of Buffalo Grove
Address 51 Raupp Blvd. Telephone (847) 459 -2547
Buffalo Grove, Illinois 60089 Fax (847) 537 -5845
Project Description /Scope of Work
STABILIZATION AND NATURALIZATION OF WHITE PINE DRAINAGE CHANNEL
Under this Agreement, the Recipient shall complete the following tasks.
DESIGN SPECIFICATIONS
1. The Recipient shall prepare desian Wecifications ,(Desion) for the- stahili7ntinn of 4 4nn'farmt
of eroding streambanks along a 2,200 foot segment of the White Pines Drainage Channel
(Channel), a tributary of Buffalo Creek, located between Sycamore Road and Bernard Drive
in Buffalo Grove, Illinois. The Design shall be prepared to arrest streambank erosion and
reduce nonpoint source pollution through the installation of environmentally sound practices
while protecting or enhancing habitat, ameliorating damage from peak flows, reducing
velocity of peak flows, and enhancing aesthetic qualities. The Design shall' identifiy the type
and location of selected streambank stabilization practices (i.e., stone toe protection, slope
re- grading, re- vegetation), describe the environmental problems associated with the sites
and the criteria used to select each practice, and provide a detailed blueprint of the
practice's cost, advantage and disadvantages, location, design, maintenance, installation
and construction, and materials used including plant species. The Design shall also include
an estimate of pollutant removal efficiency calculated using the Illinois EPA's Estimating
Pollutant Load Reductions for Nonpoint Source Pollution Control BMPs workbook. The
Design shall meet the requirements of the current Natural Resources Conservation Service
(NRCS) Technical Guide and Engineering Field Manual, Illinois Urban Manual, and the
Native Plant Guide for Streams and stormwater Facilities in Northeastern Illinois. Two (2)
copies of the draft Design and "BMP Application Forms" shall be completed and submitted
by the Recipient to the Illinois EPA by March 15, 2008. Two (2) paper copies and one (1)
electronic copy of the final Designs and "BMP Application Forms" shall be completed and
submitted by the Recipient to the Illinois EPA by April 15, 2008.
page 1 of S
07/07
Agreement No. 3190711
BEST MANAGEMENT PRACTICE IMPLEMENTATION
2. The Recipient shall submit an Operation and Maintenance Plan (O & M Plan) for the
practices to be implemented under this Agreement to ensure their long -term viability (at
least ten years). The O & M Plan shall identify responsible parties to carry out inspection
and management needs and the financial resources necessary for implementation of the O
& M Plan. A draft of the O & M Plan shall be completed and submitted by the Recipient to
the Illinois EPA by March 15, 2008. The final, 0 & M Plan shall all be completed and
submitted by the Recipient to the Illinois EPA by April 15, 2008.
3. The Recipient shall ensure that all required permits are secured prior to the implementation
of the Design developed under Item "1 of this Agreement.
4. The Recipient shall implement the Design developed and approved in accordance with
Item 1 of this Agreement. All Design implementation will be completed by September 1,
2009. Photographic documentation of Design implementation shall be completed and
submitted by the Recipient to the Illinois EPA by September 1, 2009.
PROJECT EVALUATION AND REPORT'
5. The Recipient shall prepare a report explaining the execution of the Stabilization and
Naturalization of White Pines Drainage Channel project (i.e., pre and post conditions, type
and location of practices, methods of practice installation) and evaluating the project's
success, including but not limited to improvements in water quality, habitat, and bank
stabilization. The report shall document the project tasks and summarize the findings of
the project, including a discussion of the cost - effectiveness of selected practices in
relationship to alternative management strategies. Two (2) copies of the draft report shall
be completed and submitted by the Recipient to the Illinois EPA by September 1, 2009.
The final report shall be completed and three (3) paper copies and one (1) electronic copy
submitted by the Recipient to the Illinois EPA by October 1, 2009.
OTHER DIRECTED ACTIVITIES
6. The Recipient shall be available for coordination and progress briefings. The dates and
locations of these briefings will be specified by the Illinois EPA in consultation with the
Recipient during the course of the project.
7. The Recipient shall submit a written progress report by the fifteenth (15th) of July, October,
January, and April occurring during the Agreement Period. Whenever practical reports
should be submitted printed two sided.
8. All products produced and all work performed by the Recipient under this Agreement shall
be subject to review and approval by the Illinois EPA to determine eligibility and
acceptability in meeting the terms and intent of this Agreement.
9. The Recipient and the Illinois EPA retain the right to cite, quote, circulate, and reprint all
documents and other materials produced under this Agreement. The Recipient will include
in any publications for external general circulation (including brochures, newsletters, and
presentations materials) the following phrase: "Funding for this project provided, in part, by
page 2 of 5
07/07
Agreement No. 3190711
the Governor of Illinois and the Illinois Environmental Protection Agency through Section
319 of the Clean Water Act."
10. The Recipient shall design and erect a sign which acknowledges the participating agencies
and identifies Section 319 of the Clean Water Act as a funding source of this project. Sign
design must be approved by, and consistent with the specifications of, the Illinois EPA prior
to their installation at the site. Designs for all signs shall be completed and submitted by
the recipient to the Illinois EPA by April 15, 2008. The Recipient shall erect the sign
approved by the Illinois EPA prior to the installation of the BMPs. The sign shall remain in
place throughout the installation of the BMPs and for a period thereafter as mutually
agreed upon by the Recipient and the Illinois EPA.
11. Upon request by the Illinois EPA, the Recipient shall relinquish all equipment acquired under
this Agreement to the 'Bureau of Water — Nonpoint Source Unit upon conclusion of this
Agreement.
Project Schedule
Description Completion Date
DESIGN SPECIFICATIONS:
1. Draft Design Specifications March 15, 2008
Final Design Specifications April 15, 2008
BEST MANAGEMENT PRACTICE IMPLEMENTATION
2. Draft 0 & M Plan March 15, 2008
Final 0 & M Plan April 15, 2008
4. Implement Design September 1!, 2009
Photographic Documentation September 1, 2009'
PROJECT EVALUATION AND REPORT
5. Draft Report September 1, 2009
Final Report October 1, 2009
OTHER DIRECTED ACTIVITIES
7. Progress Report Quarterly as stipulated
10. Sign Designs April 15, 2008
page 3 of 5
07/07
C-1
Project Cost Summary
0
Estimated Allowable Project Costs
Agreement No. 3190711
Totals
�_� � - �k'i`tN� < .. �..., ..... s.�w.£n',u...^,a...:i4.... «. rekw °'£ 4'nM}��,.. �S�maoaw ............. "c'i'A.4�.ci... �r; ,?.4i^ .. �+"3G� •} R Y.14s -...
Engineering & Construction Administration $ 45,000.00
Construction $315,660.00
TOTAL $370,052.00
Assistance Amount at 60% $ 222.031.00
Recipient Share at 40% $148.021.00
Comments on Allowable /Excluded Costs
page 4 of 5
07/07
NOU -01 -2007 13:52 IEPA BOW 217 785 1225 P :02
Agreement No. 3190711
Offer and Acceptance
This Financial Assistance Agreement is subject to all applicable State and Federal statutory
Provisions, State and Federal Grant Regulations, and the Conditions/Certifications attached
hereto.
For the State of Illinois Environmental Protection Agency
The Director (herein called the "Director ") of the Illinois Environmental Protection Agency, in
accordance with the authority given in the Environmental Protection Act, and in appropriation by
the General Assembly made pursuant thereby, hereby offers financial assistance to the
Recipient, up tQ and not exceeding the specified amount, for the support of the efforts
contained in a roject Descrintiond
Director
TI
Printed name Bernard P. Wi 11 i an
Title Deputy Director
Date 9/25/07
On behalf of the Re ice Re p enl tens t
I the undersigned, being duly authori2ed to take such actions, do hereby accept this offer and
agree to all terms and conditions including the Conditions /Certifications attached hereto.
Reciplent
Village of Buffalo Grove
Signature
By
William H. Brimm
Printed name
Village of Buffalo Grove
Title
Village Mana er
Date
10129107
For the State of Illinois Environmental Protection Agency
Therefore, the State of Illinois executes this
page 5 of 5
07/07
the Z9 day of October, 2007.
TOTAL P.02
11/01/2007 THU 14:42 tTX /RX NO 64841
Agreement No. 3190711
Offer and Acceptance
This Financial Assistance Agreement is subject to all applicable State and Federal statutory
provisions, State and Federal Grant Regulations, and the Conditions /Certifications attached
hereto.
For the State of Illinois Environmental Protection Agency
The Director (herein called the "Director ") of the Illinois Environmental Protection Agency, in
accordance with the authority given in the Environmental Protection Act,, and in appropriation by
the General Assembly made pursuant thereby, hereby offers financial assistance to the
Recipient, up to and not exceeding the specified amount, for the support of the efforts
contained in t roject Description.
Director
By A,,,��Aoq'y PSco #t }`
Printed name
Title
Date
On behalf of the Recipient
I the undersigned, being duly authorized to take such actions, do hereby accept this offer and
agree to all terms and conditions including the Conditions /Certifications attached hereto.
Recipient Village of Buffalo Grove
Signature 0 L t t • % 6Yi
By William H. Brimm'
Printed name ` Village of Buffalo Grove
Title Village Manager
Date
For the State of Illinois Environmental Protection Agency
Therefore, the State of Illinois executes this agreement the day of , 2007.
page 5 of 5
07/07
CON DITIONS /CERTIF (CATIONS
SECTION 319(h) FINANCIAL ASSISTANCE AGREEMENTS
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1. Taxpayer Identification Number and Legal Status Disclosure Certification
Under penalties of perjury, I certify that the name, taxpayer identification number, and
legal status listed below are correct.
Organization: Village of Buffalo Grove
Taxpayer Identification Number:
Social Security Number (SSN):
Federal Employer Identification Number (FEIN): 36- 2525051
(If you are an individual, enter your name and SSN as it appears on your Social Security
Card. If completing this certification for a sole proprietorship, enter the owner's name
followed by the name of the business and the owner's SSN. For all other entities, enter
the name of the entity as used to apply for the entity's FEIN and the FEIN.)
Legal Status (please check one):
Individual (01)
Owner of Sole Proprietorship (02)
Partnership /Legal Corporation (03)
Corporation NOT providing or billing medical and /or health care services (04)
V Governmental (08)
Tax Exempt (includes: Not for Profit and Not for Profit Corp.) (16)
Other:
This Agency is authorized to require this information under 415 /LCS 514(k). Disclosure of this information is required. Failure to do so may
prevent this form from being processed and could result in your application being denied. This form has been approved by the Forms
oaouvn o 1 Uki1)
Conditions /Certifications
July 2005
N �i
Page 3 of 13
6. Subcontracts
No Consultant Services (subcontractors, outside associates, or consultants) may be
utilized by the Recipient in connection with the services covered by this Agreement
unless specifically authorized to do so, in writing, by the Illinois EPA.
For the purposes of these conditions and certifications, the term "consultant services" is
defined as those services provided under a financial assistance agreement to the State
by an individual or group of individuals, acting as an independent contractor, qualified by
education, experience, and technical ability to advise and assist in solving specific
management and programmatic problems involving the organization, planning, direction,
control and operation of Illinois EPA.
Any Recipient who enters into a financial assistance agreement for consultant services
with a State agency shall state in the financial assistance agreement whether he will
utilize the services of a subcontractor. The financial assistance agreement shall include
the anticipated amount of money, which will be paid to the subcontractor.
If Consultant Services are authorized by the Illinois EPA, the Recipient shall submit to the
Illinois EPA a copy of each agreement which it enters into with subcontractors within
seven (7) days of the date on which the Recipient enters into the agreement with the
subcontractor.
If at any time, a Recipient who had not intended to utilize the services of a subcontractor,
decides to utilize the services of a subcontractor, the Recipient and the Illinois EPA shall
file an amendment to the original Agreement with the Comptroller. The amendment shall
state the names and addresses of all subcontractors and the anticipated amount of
money which they will receive pursuant to the original Agreement.
7. Assignments
The Recipient certifies that neither this Agreement nor any interest therein, or claimed
thereunder, shall be assigned or transferred by the Recipient except as specifically
authorized by the Illinois EPA.
8. Wage Provisions
The Recipient certifies that it will pay prevailing wages in accordance with the federal
Davis -Bacon wage provisions.
9. Equal Employment Opportunity
The Recipient certifies that it will comply with the Illinois Human Rights Act, the
Americans with Disabilities Act, the Rules and Regulations of the Illinois Department of
Human Rights, Civil Rights Act of 1964, Department of Labor regulations (41 CFR Part
60), and any other laws, regulations or orders, state or federal, which prohibit
discrimination on the grounds of race, sex, color, religion, national origin, or handicap.
In the event of the Recipient's noncompliance with any provision of any such law,
regulation or order, the Recipient may be declared non - responsible and therefore
ineligible for future financial assistance agreements or subcontracts with the State of
Section 319(h)
Conditions /Certifications
July 2005
•
17-1
Page 5 of 13
12. Architectural, Engineering, and Land Surveying Qualifications Based Selection
Act
The Recipient certifies that it will comply with the provisions of the Architectural,
Engineering, and Land Survey Qualifications Based Selection Act.
13. Steel Products Procurement Act
The Recipient certifies that it and all subcontractors shall only use steel products
manufactured or produced in the United States for the construction, reconstruction,
alteration, repair, improvement, or maintenance of products funded under this
Agreement.
The provisions of the Steel Products Procurement Act shall not apply:
(1) Where the contract involves an expenditure of less than $500.00.
(ii) Where the Director of the Illinois EPA certifies in writing that (a) the specified
products are not manufactured or produced in the United States in sufficient
quantities to meet the Agency's requirements or cannot be manufactured or
produced in the United States within the necessary time in sufficient quantities to
meet the Agency's requirements, or (b) obtaining the specified products,
manufactured or produced in the United States would increase the cost of the
contract by more than ten (10) percent.
(iii) When its application is not in the public interest.
14. Energy Efficiency
The Recipient certifies that it will follow mandatory standards and policies on energy
efficiency contained in the state energy conservation plan issued in compliance with the
Energy Policy and Conservation Act (Pub. L. 94 -163).
15. State Prohibition of Goods from Forced Labor Act
The Recipient certifies in accordance with Public Act 93 -0307 that no foreign -made
equipment, materials, or supplies furnished to the State under the contract have been
produced in whole or in part by forced labor, convict labor, or indentured labor under
penal sanction. (Added January 2004)
16. Violating facilities
The Recipient certifies that it will comply with all applicable standards, orders or
requirements in effect at the time of the execution of this Agreement and issued under:
(i) Section 306 of the Clean Air Act [42 U.S.C. 1857 (h)];
(ii) Section 508 of the Clean Water Act (33 U.S.C. 1368);
(iii) Executive Order 11738; and
Section 319(h)
Conditions /Certifications
Juy 2005
•
Iz- - i
Page 7 of 13
to obtain, or performing a public (Federal, State, or local) transaction or
agreement under a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
(iii) Are not presently indicted for or otherwise criminally or civilly charged by a
government entity (Federal, State, local) with commission of any of the offenses
enumerated in paragraph (ii) of this section; and
(iv) Have not within a three (3) year period preceding a financial assistance
agreement had one or more public transactions (Federal, State, or local)
terminated for cause or default.
22. Bribery
The Recipient certifies that it or its representatives have not been convicted of bribing or
attempting to bribe an officer of the State of Illinois, nor has the Recipient made an
admission of guilt of such conduct which is a matter of record.
23. Drug Free Workplace Certification
The Recipient certifies that it will not engage in the unlawful manufacture, distribution,
dispensation, possession, or use of a controlled substance in the performance of the
Agreement and will provide a drug free workplace as required by Public Act 86 -1459, the
Drug Free Workplace Act (30 ILCS 480/1), and will comply with all the provisions herein.
24. International Anti - boycott Certification ActfU.S. Export Administration Act of 1979
The Recipient certifies that neither it nor any substantially -owned affiliated company is
participating or shall participate in an international boycott in violation of the provisions of
the U.S. Export Administration Act of 1979 or the regulations of the U.S. Department of
Commerce promulgated under that Act. (This certification only applies to financial
assistance agreements exceeding the threshold for small purchases according to the
purchasing laws of this State or $10,000, which ever is less.) ,
25. Privity of Agreement
This Agreement is expected to be funded in part with funds from the U.S. EPA. Neither
the United States nor any of its departments, agencies or employees is, or will be, a party
to this Agreement or any lower tier agreement. The Agreement is subject to regulations
contained in 40 CFR Part 31 in effect on the date of the assistance award for this project.
26. Covenant Against Contingent Fees
The Recipient shall warrant that no person or selling agency shall be employed or
retained to solicit or secure the Agreement upon an agreement or understanding for a
commission, percentage, brokerage, or contingent fee. For breach or violation of this
warranty, the Illinois EPA shall have the right to annul the Agreement without liability, or in
its discretion to deduct from the Agreement price or consideration, or otherwise recover,
the full amount of such commission, percentage, brokerage or contingent fee.
Section 319(h)
Conditions /Certifications
Juy 2005
Page 9 of 13
The Recipient certifies that it shall maintain books, records, documents, and other
evidence directly pertinent to performance of U.S. EPA funded work under this
Agreement in accordance with generally accepted accounting practices and principals
consistently applied and 40 CFR Part 31 in effect on the date of execution of this
Agreement. The Recipient shall also maintain the financial information and data used in
the preparation or support of the cost submission required under 40 CFR 31.36(f) for any
negotiated agreement and a copy of the cost summary submitted to the Illinois EPA.
U.S. EPA, the Comptroller General of the United States, the U.S. Department of Labor,
the Illinois EPA, the Auditor General or any of their authorized representatives shall have
access to all such books, records, documents and other evidence for the purpose of
inspection, audit and copying during normal business hours. The Recipient will provide
proper facilities for such access and inspection.
If this is a formally advertised, competitively awarded, fixed -price Agreement, the
Recipient agrees to make all paragraphs of the Audit and Access to Records Section
applicable to all agreement amendments affecting the Agreement Project Cost'
Summary.
Audits conducted under this provision shall be in accordance with generally accepted
auditing standards and with established procedures and guidelines of the reviewing or
auditing agencies.
The Recipient agrees to disclose all information and reports resulting from access to
records under paragraphs 1 and 2 of the Audit and Access to Records Section to any
agencies referred to in paragraph 1.
The Recipient shall maintain, for a minimum of five (5) years after the completion of the
Agreement, adequate books, records, and supporting documents to verify the amounts,
receipts, and uses of all disbursements of funds passing in conjunction with the
Agreement; and the Recipient agrees to cooperate fully with any audit conducted by the
Auditor General and to provide full access to all relevant materials. Failure to maintain
the books, records, and supporting documents required by this Section shall establish a
presumption in favor of the State for the recovery of any funds paid by the State under the
Agreement for which adequate books, records, and supporting documentation are not
available to support their purported disbursement.
In addition, those records which relate to any controversy arising under .a U.S. EPA
assistance agreement, litigation, the settlement of claims arising out of such
performance or to costs or items to which an audit exception has been taken. shall be
maintained and made available by the Recipient until three (3) years after the date of
resolution of such appeal, litigation, claim, or exception.
Access to records is not limited to the required retention periods. The authorized
representatives designated in paragraph 1 of the Audit and Access to Records Section
shall have access to records at any reasonable time for as long as the records are
maintained.
This Audit and Access to Records Section applies to financial records pertaining to all
financial assistance agreements and all agreement amendments regardless of the type
of agreement. In addition this section applies to all records pertaining to all agreements
and agreement amendments:
Section 319(h)
Conditions /Certifications
July 2005
Page 11 of 13
35. Disputes
Only the Recipient may appeal to the Illinois EPA under this provision with respect to its
subagreements thereunder for its own name and benefit. Neither a Recipient nor a
subcontractor of a Recipient may prosecute an appeal under the disputes provision of a
financial assistance agreement in its own name or interest.
Any dispute arising under the Agreement which is not disposed of by the financial
assistance agreement shall be decided by the Director of the Illinois EPA or a duly
authorized representative, who shall render a decision in writing and mail or otherwise
furnish a copy thereof to the Recipient. The decision of the Director of the Illinois EPA
shall be final and conclusive.
This "disputes" clause does not preclude consideration of questions of law in connection
with decisions provided in the previous paragraph.
36. Amendments.
This Agreement and any attachments hereto constitute the entire Agreement between
the parties. No amendment to this Agreement shall take effect until approved by the
Illinois EPA and Recipient in writing.
37. Termination
This Agreement may be.terminated in whole or in part in writing by either party in the
event of substantial failure by either party to fulfill its obligations under this Agreement
through no fault of the terminating party, provided that no termination may be effected
unless the other party is given 1) not less than ten (10) calendar days written notice
(delivered by certified mail, return receipt requested) of intent to terminate, and 2) an
opportunity for consultation with the terminating party prior to termination.
This Agreement may be terminated in whole or in part in writing by the Illinois EPA for its
convenience, provided that the Recipient is given 1) not less than ten (10) calendar days
written notice (delivered by certified mail, return receipt requested) of intent to terminate,
and 2) an opportunity for consultation with the Illinois EPA prior to termination.
If termination for default is effected by the Illinois EPA, an equitable adjustment in the
price provided for in this Agreement shall be made, but 1) no amount shall be allowed for
anticipated profit on unperformed services or other work, and 2) any payment due to the
Recipient at the time of termination may be adjusted to cover any additional costs to the
Illinois EPA because of the Recipients default. If termination for default is effected by the
Recipient, or if termination for convenience is effected by the Illinois EPA, the equitable
adjustment shall include a reasonable profit for services or other work performed. The
equitable adjustment for any termination shall provide payment to the Recipient for
services rendered and expenses incurred prior to the termination, in addition to
termination settlement costs reasonably incurred by the Recipient relating to
commitments which have become firm prior to the termination.
Upon receipt of a termination action under paragraphs 1 or 2 of the Termination Section,
the Recipient shall 1) promptly discontinue all affected work (unless the notice directs
Section 319(h)
Conditions /Certifications
July 2005
Page 13 of 13
I, the undersigned, being duly authorized to take such actions certify that items 1 - 38
of these conditions /certifications are acceptable and true.
Village of Buffalo Grove
Name of Organization
iir VIA • -%
Signature of Authorized Representative
William H. Brimm
Printed Name
Village Manager
Title
Date
N/A
Signed by (if other than Authorized Representative)
N/A
Printed Name
N/A
Title
Section 319(h)
Conditions /Certifications
July 2005