1995-390 1 . 0
RESOLUTION NO. 95- -39
APPROVING AND AUTHORIZING EXECUTION
OF A MASS TRANSPORTATION CAPITAL GRANT
AGREEMENT BETWEEN THE ILLINOIS
DEPARTMENT OF TRANSPORTATION AND
THE VILLAGE OF BUFFALO GROVE
WHEREAS, in pursuit of developing the Village's Metra train station and site
improvements the Village has applied for financial assistance from the Illinois Department
of Transportation; and,
WHEREAS, the Grant Agreement is consistent with funding goals established by
the Wisconsin Central Mayoral Task Force; and,
WHEREAS, the execution of the Mass Transportation Capital Grant Agreement
between the State of Illinois Department of Transportation Division of Public
Transportation and the Village of Buffalo Grove: Contract #2183, Grant #CAP -95 -526-
OGL, attached hereto as a Exhibit A, will enable the Village to seek payment of Operation
Greenlight funds for construction of program elements related to the Village's Wisconsin
Central project.
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees
of the Village of Buffalo Grove, Cook and Lake Counties, Illinois that the Corporate
Authorities do hereby authorize and approve the Grant Agreement and its attending
certifications.
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
NAYES 0 - None
PASSED: May 15, 1995
ATTEST:
R
Village Clerk
ABSENT: 0 - None
APPROVED: May 15, 1995
APPROVED:
SIDNEY "ATHIAS
Village President
•
MASS TRANSPORTATION CAPITAL
GRANT AGREEMENT
between
STATE OF ILLINOIS
DEPARTMENT OF TRANSPORTATION
DIVISION OF PUBLIC TRANSPORTATION
and
THE VILLAGE OF BUFFALO GROVE
Contract No. 2183
Grant No. CAP -95- 526 -OGL
r
•
CAP -95- 526 -OGL, Contract #2183
ITEM 2 -- AMOUNT OF GRANT
•
The Net Project Cost is estimated to be $346,750. The
Department agrees to make a grant in an amount not to exceed
$181,250, which will fund shares of costs as follows: 52.27100 of
the first $346,750 in actual project costs, not to exceed a state
share of $181,250; and zero percent of actual project costs in
excess of $346,750.
Upon completion of the project, the final state and local
shares will be established based upon each participant's
contribution to actual costs as determined by a financial audit.
Such shares will be determined after resolution of all audit
findings.
Financial audit findings shall be resolved as appropriate by
either (a) the Grantee returning to the State an amount of
ineligible costs in the same proportion as costs were paid under the
formula specified above, beginning with the last and ending with the
first dollar of total actual costs paid; or (b) the State
reimbursing the Grantee and amount of eligible costs in the same
proportion as costs were paid under the formula specified above,
continuing from the last dollar of total actual costs paid.
The Grantee agrees that it will provide, or cause to be
provided, from sources other than (a) state funds, (b) receipts from
the use of Project facilities and equipment, or (c) operating
revenues of the public transportation system, funds in an amount
_ equal to the Net Project Cost less the amount of the State grant.
The Department at its sole discretion may agree to increase
the amount of the Grant in excess of the amount specified herein
which may result in changes to the state share percentages. In no
event shall the total amount provided by the Department under this
Agreement or any subsequent Amendment to this Agreement exceed 100
percent of the actual Net Project Cost. No liability shall be
incurred by the State in excess of the amount of the Grant.
ITEM 3-- ILLINOIS GRANT FUNDS RECOVERY ACT
This grant is subject to the Illinois Grant Funds Recovery
Act, Public Act No. 83 -640. This grant is valid up to and including
October 1, 1996, and grant funds are available to the Grantee and
may be expended by the Grantee until said date unless the
Department, at its discretion, grants an extension of time. Any
grant funds which are not expended or legally obligated by the
Grantee at the end of the grant agreement or by the expiration of
the period of time grant funds are available for expenditure or
Y
•
•
Illinois Department of Transportation
Division of Public Transportation
310 South Michigan Avenue / 16th. Floor
05 5 Chicago, Illinois/ 60604 Exhibit B:
APPROVED PROJECT BUDGET
State grant: CAP -95- 526 -OGL
Grantee: Village of Buffalo Grove
Contract: 2183
Budget: 1
Scope: Station improvement at Buffalo Grove station, WC line. New
depot and six double compartment bicycle lockers. This grant
for construction.
Budget effective:
Budget 1
7001 Buffalo Grove Sta, WCR
12.33.04 construction
Expiration: 10/01/96
TOTAL FOR GRANT >
346,750 L._
346,750
346,750
Shares, per contract: Share subtotals, from above:
Federal 0
181,250 ILOT -Bond 181,250
IDOT - -Road 0
165,500 Grantee 165,500
346,750 NET PROJECT COST 346,750
State Share 52.2710%.
B =IDOT regular bond; K =IDOT OGL Bond; G =IDOT GRF; H =IDOT Road Fluid; L--Grantee.
ABR System, BISTOGLini/pl/—XGIO, 05/16/95 at 13:45:22. By: Imam.
STATE OF ILLINOIS
DRUG -FREE WORKPLACE ACT CERTIFICATION
This certification is required by the Drug Free Workplace Act (30
ILCS 580/1). The Drug Free Workplace Act, effective January 1,
1992, requires that no grantee or contractor shall receive a grant
or be considered for the purposes of being awarded a contract for
the procurement of any property or services from the State unless
that grantee or contractor has certified to the State that the
grantee or contractor will provide a drug free workplace. False
certification or violation of the certification may result in
sanctions including, but not limited to, suspension of contract or
grant payments, termination of the contract or grant, and debarment
of contracting or grant opportunities with the State for at least
one (1) year but not more than five (5) years.
For the purpose of this certification, "grantee" or "contractor"
means a corporation, partnership, or other entity with twenty -five
(25) or more employees at the time of issuing the grant, or a
department, division, or other unit thereof, directly responsible
for the specific performance under a contract or grant of $5,000 or
more from the State.
The contractor /grantee certifies and agrees that it will provide a
drug -free workplace by:
(a) Publishing a statement:
(1) Notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a
controlled substance, including cannabis, is prohibited in
the grantee's or contractor's workplace.
(2) Specifying the actions that will be taken against
employees for violation of such prohibition.
(3) Notifying the employee that, as a condition of employment
on such contractor grant, the employee will:
(A) Abide by the terms of the statement; and
(B) Notify the employer of any criminal drug statute
conviction for a violation occurring in the
workplace no later than five (5) days after such
conviction.
(b) Establishing a drug -free awareness program to inform employees
about:
(1) The dangers of drug abuse in the workplace;
(2) The grantee's or contractor's policy of maintaining a
drug -free workplace;
Illinois Department of Transportation
Division of Public Transportation
MASS TRANSPORTATION
CAPITAL GRANT AGREEMENT
PART II: GENERAL TERMS AND CONDITIONS
Suburban' OGL version,
Effective December 1, 1993
931201
ITEM 101 -- DEFINITIONS
As used in this Agreement:
•
Page '1 of 16 pages OGL
(a) "Mass Transportation Service" means general or special transportation
service provided to the public (but not school bus, charter, or sight- seeing
service) on a regular and continuing basis in the service area described in
the Grantee's final, approved Application.
(b) "Net Project Cost" means the sum of the eligible costs incurred in
performing the work on the Project, including work done by the Grantee, less
proceeds from sale of scrap and replaced facilities.
(c) "Project Facilities" means any facilities, equipment, or real property
purchased, acquired, constructed, improved, renovated, or refurbished as part
of the Project.
(d) "Support and Supervisory Costs" means those supervisory costs allocated
to the capital project based on an approved cost allocation plan and support
services costs. Provided however, that the Department will not consider for
approval a cost allocation plan that has not been approved by either the
Federal Transit Administration or the Grantee's cognizant federal agency;
and, provided further that support costs shall not exceed two (2) percent of
the amount of any grant for the purchase of rolling stock and six (6) percent
of the amount of any grant for all other types of capital projects.
ITEM 102 -- ACCOMPLISHMENT OF THE PROJECT
(a) General Requirements - The Grantee shall commence, carry on, and
complete the Project with all practicable dispatch, in a sound, economical,
and efficient manner,. and in accordance. with the provisions hereof, the
Application, and all applicable laws and Department Guidelines.
(b) Pursuant to Federal. State. and Local. Law -- In performance of its
obligations pursuant to this Agreement, the Grantee and its contractors shall
comply with all applicable provisions of state and local law. All limits and
standards set forth in this Agreement to be observed in the performance of the
Project are minimum requirements and shall not affect the application of more
restrictive local standards to the performance of the Project.
(c) Funds to the Grantee The Grantee shall initiate and prosecute to
completion all proceedings necessary to enable the Grantee to provide its
share of the Project costs at or prior to the time that such funds are needed
to meet such Project costs.
(d) Submission of Proceedings. Contracts and Other Documents -- The Grantee
shall submit to the Department such data, reports, records, contracts, and
other documents relating to the Project as the Department may require. The
Grantee shall maintain, for a minimum of five (5) years after the completion
of the contract, adequate books, records, and supporting documents to verify
the amounts, recipients, and uses of all disbursements of funds passing in
conjunction with the contract; the contract and all books, records, and
931201 Page 3 of 16 pages OGL
at the initiative of the Grantee, the Grantee shall immediately notify the
Department and shall, at the Department's discretion, remit to the State a
proportional amount of the fair market value, if any, of such Project
Facilities (determined on the basis of the ratio of the Grant made by the
Department to the actual total Net Project Cost). The fair market value shall
be deemed to be the value of the Project Facilities as determined by competent
appraisal conducted as soon as feasible after such withdrawal or misuse
occurs, or the actual proceeds from the public sale of such property,
whichever is approved by the Department. Any appraiser employed for such
purposes shall be subject to the prior approval of the Department.
If the Project Facilities include commuter parking, the Parties agree that
users of the commuter parking facilities funded by this grant may be charged a
fee for the use of such facilities, but the amount of such fee shall be so
established to meet reasonable maintenance and operating expenses, and to
establish a sinking fund to cover major rehabilitation only. The Project
Facilities shall be equally available for use by all commuters regardless of
place of residence, and there shall be no difference in the amount of fees
charged to users of such commuter parking facilities based on place of
residence.
The Grantee shall keep satisfactory records with regard to the use of the
Project Facilities and shall submit to the Department upon request such
information as is required in order to assure compliance with this ITEM and
shall immediately notify the Department in all cases where Project Facilities
are used in a manner substantially different from that described in the final,
approved Application. The Grantee shall maintain in an amount and form
satisfactory to the Department. such insurance or self - insurance as will be
adequate to protect Project Facilities throughout the period of required use.
The cost of such insurance shall not be an item of allowable cost. The
Grantee shall also submit to the Department at the beginning of each calendar
year during such period, a certification that the Project Facilities are still
being used in accordance with the terms of this ITEM and that no part of the
local contribution to the cost of the Project has been refunded or reduced.
ITEM 106 -- THE PROJECT BUDGET
A Budget shall be prepared and maintained by the Grantee for the Project. The
Grantee shall carry out the Project and shall incur obligations against and
make disbursements of Project Funds only in conformity with the latest
Approved Project Budget (hereafter referred to as the "Project Budget ") except
as otherwise provided in ITEM 107 (c) (2). The Project Budget may be revised
from time to time, but no Project Budget or revision thereof shall be
effective unless and until the. Department shall have approved the same.
931201 Page 5 of 15 pages OGL
e. Be incurred (and be for work performed) after the date of this
Agreement, unless specific authorization from the Department to
the contrary is received;
f. Be in conformance with the standards for allowability of costs
established by the Department;
g. Be satisfactorily documented; and
h. Be treated uniformly and consistently under accounting
principles and procedures approved or prescribed by the Department
for the Grantee, and those approved. or prescribed by the Grantee
for its contractors.
(2) Expenditures incurred by the Grantee which exceed the amount
budgeted for a specific project line item (i.e., project element, job
order or item) may be reimbursable as eligible costs at the time of
completion of the project line item to the extent that those
expenditures meet all of the requirements below:
a. Justification satisfactory to the Department is provided to
explain the reason for the overexpenditure and why that
overexpenditure was not anticipated prior to exceeding the budget
for the project line item;
b. The budget for the project line item covers the full scope of
the project line item, i.e., the budget of the project line item
is intended to be adequate for the completion of the project line
item (including, but not limited to, all engineering, material
procurement, construction);
c. The amount by which the expenditures exceed the budget for the
project line item may not .exceed $10,000 or five percent of the
budget of the project line item, whichever is less (items
exceeding either $10,000 or five percent are not reimbursable by
the Department);
d. There are sufficient unspent funds in Contingencies which may
be reallocated to the budget of the project line item;
e. The funds remaining in Contingencies after reallocation of the
funds to the budget of the project line item are sufficient to
provide for the incomplete portions of all project line items
described in ITEM l of Part I of this Agreement;
f. The Net Project Cost for the State Grant shall not be exceeded.
(3) In the event that it may be impractical to determine exact costs of
indirect or service functions, eligible costs will include such
allowances for these costs as may be approved by the Department.
(d) Documentation of Project Costs -- All costs charged to the Project,
including any approved services contributed by the Grantee or others, shall be
931201 'Page "7 of 16`pages OGL
(5) Have received approval by the Department for all budget revisions
required to cover all costs to be incurred by the end of the requisition
period.
(b) Payment by the Department -- Upon receipt of the completed requisition
form and the accompanying information in satisfactory form, the Department
shall process the requisition if the Grantee is complying with its obligations
pursuant to the Agreement, has satisfied the Department of its need for State
funds requested during the requisition period, and is making adequate progress
toward the timely completion of the Project. If all of these circumstances
are found to exist, the Department shall reimburse apparent allowable costs
incurred (or to be incurred during the requisition period) by the Grantee up
to the maximum amount of the State Grant payable through the fiscal year in
which the requisition is submitted as stated in the Project Budget. However,
reimbursement of any cost pursuant to this ITEM shall not constitute a final
determination by the Department of the allowability of such cost and shall not
constitute a waiver of any violation of the terms of this Agreement committed
by the Grantee. The Department will make a final determination as to the
allowability only after a final audit of the Project has been conducted.
Payment is contingent on appropriation of funds by the General Assembly of the
State for the purposes of this Agreement and on the release of such funds by
the Governor.
Approval of each requisition is contingent upon showing that, where
applicable, the proportionate Federal and local shares of the Project costs in
cash or approved cash equivalents are being met.
In the event that the Department determines that the Grantee is not currently
eligible to receive any or all of the State funds requested, it shall promptly
notify the Grantee, stating the reasons for such determination.
(c) Disallowed Costs - In determining the amount of the State Grant, the
Department will exclude all Project costs incurred by the Grantee prior to the
date of this Agreement, or another date specifically authorized by the
Department; costs incurred by the Grantee which are not provided for in the
Project Budget except as otherwise provided under ITEM 107(c)(2); and costs
attributable to goods or services received under a contract or other
arrangement which has not been concurred in or approved in writing by the
Department.
Costs of construction performed by employees of the Grantee will be disallowed
as eligible Project costs unless the use of such employees is specifically
approved in advance by the Department.
Upon written notice to the Grantee, the Department reserves the right to
suspend or terminate all or part of the financial assistance herein provided
for when the Grantee is, or has been, in violation of their terms of this
Agreement or when the Department determines that the purpose of the Acts would
not be adequately served by continuation of State financial assistance to the
Project. Any failure to make progress which significantly endangers
931201
•
•
Page 9 of 1 pages OGL
(c) Other certifications as may be required from time to time by
statute.
Except as otherwise authorized in writing by the Department, the Grantee shall
not execute any contract or obligate itself in any other manner with any third
party with respect to the Project without the prior written concurrence of the
Department.
MA
Grantee agrees to give full opportunity for free, open, .and competitive
bidding for each contract to be let by Grantee calling for construction or
furnishing of any materials, supplies, or equipment to be paid for with
Project funds and Grantee shall give such publicity in its advertisements or
calls for bids for each such contract as will provide adequate competition.
The award for each such contract shall be made by Grantee as soon as
practicable to the lowest responsive and qualified bidder except as otherwise
provided in guidelines of the Department or except as otherwise specifically
approved by the Department.
Contracts for professional or consulting services and contracts for the
purchase of land, real estate, transit property, or other real or personal
property not normally acquired through competitive bidding are specifically
excluded from the requirements of this ITEM, except that contracts for
professional and consulting services shall be awarded only after competitive
solicitation of proposals from at least three qualified firms, as required by
Department guidelines.
ITEM 114 -- THIRD -PARTY CONTRACT CHANGES
No change or modification of the scope or cost shall be made to any contract,
and no work shall be commenced and no costs or obligations incurred in
consequence of such change or modification, unless and until the Department
concurs and, where required, the Approved Project Budget has been amended by
the Department as may be necessary to provide for such change or modification.
ITEM 115 -- PRE -BID APPROVAL
Except as waived by the Department, the Grantee agrees that, prior to
advertising for any bids for any work to be performed under ITEM 113
( "Competitive Bidding ") of this Agreement, the Grantee shall submit one copy
each of the proposed contract plans and specifications, proposed advertisement
for bids, and all related bidding documents to the Department for approval.
The bid invitation or advertisement shall include a statement that the
contract to be let is subject to this Agreement between the Grantee and the
State.
I&
931201 Page '11 of 16 pages OGL
The Grantee agrees to save harmless and indemnify the State from any and all
losses, expenses, damages (including loss of use), demands and claims, and
shall defend any suit or action, whether at law or in equity, brought against
it based on any such alleged injury (including death) or damage and shall pay
all damages, judgments, costs, and expenses, including attorney's fees, in
connection with said demands and claims resulting therefrom.
The Grantee agrees that it will maintain, or cause to be maintained, for the
duration of the Project, such self - insurance or policies of insurance, with
limits and upon terms satisfactory to the Department as will protect the
Grantee from any other claims for damages to property or for bodily injury
including death, which may arise from or in connection with the operations
hereunder by the Grantee, or by anyone directly or indirectly employed by or
associated with it, and the Grantee shall furnish the Department with
certificate(s) evidencing all such required insurance coverage. The cost of
such insurance carried by the Grantee shall not be an item of eligible Project
cost.
ITEM 122 -- NON- WAIVER
The Grantee agrees that in.no event shall any action, including the making by
the Department of any payment under this Agreement, constitute or be construed
as a waiver by the Department of any breach of covenant or any default on the
part of the Grantee which may then exist; and any action, including the making
of such payment by the Department, while any such breach or default shall
exist, shall in no way impair or prejudice any right or remedy available to
the Department in respect to such breach or default. The remedies available
to the Department under this Agreement are cumulative and not exclusive. The
waiver or exercise of any remedy shall not be construed as a waiver of any
other remedy available hereunder or under general principles of law or equity.
ITEM 123 -- NON- COLLUSION
The Grantee warrants that it has not paid and agrees not to pay any bonus,
commission, fee, or gratuity for the purpose of obtaining any approval of its
application for any grant pursuant to this Agreement. No State officer or
employee, or member of the State General Assembly, or member of any unit of
local government which contributes to the Project Funds shall be admitted to
any share or part of this Agreement or to any benefit arising therefrom.
ITEM 124 -- INDEPENDENCE OF GRANTEE
In no event shall the Grantee or any of its employees, agents, contractors or
subcontractors be considered agents or employees of either the Department or
the State. Furthermore, the Grantee agrees that none of its employees,
agents, contractors, or subcontractors will hold themselves out as, or claim
to be, agents, officers, or employees of the State and will not by reason of
any relationship with the Grantee, make any claim, demand, or application to
a
931201 Page 13 of 16 pages OGL
(1) That it will not discriminate against any employee or
applicant for employment because of race, color, religion, sex,
marital status, national origin or ancestry, age, physical or
mental handicap unrelated to ability, or an unfavorable discharge
from military service; and further that it will examine all job
classifications to determine if minority persons or women are
underutilized and will take appropriate affirmative action to
rectify any such underutilization.
(2) That, if it hires additional employees in order to perform
this contract or any portion thereof, it will determine the
availability (in accordance with the Department's Rules and
Regulations) of minorities and women in the area(s) from which it
may reasonably recruit and it will hire for each job
classification for which employees are hired in such a way that
minorities and women are not underutilized.
(3) That, in all solicitations or advertisements for employees
placed by it or on its behalf, it will state that all applicants
will be afforded equal opportunity without discrimination because
of race,. color, religion, sex, martial status, national origin or
ancestry, age, physical or mental handicap unrelated to ability,
or an unfavorable discharge from military service.
(4) That it will send to each labor organization or
representative of workers with which it has or is bound by a
collective bargaining or other agreement or understanding, a
notice advising such labor organization or representative of the
contractor's obligations under the Illinois Human Rights Act and
the Department's Rules and Regulations. If any such labor
organization or representative fails or refuses to cooperate with
the contractor in its efforts to comply with such Act and Rules
and Regulations, the contractor will promptly so notify the
Department and the contracting agency and will recruit employees
from other resources when necessary to fulfill its obligations
thereunder.
(5) That it will submit reports as required by the Department's
Rules and Regulations, furnish all relevant information as may
from time to time be requested by the Department or the
contracting agency, and in all respects comply with the Illinois
Human Rights Act and the Department's Rules and Regulations.
(6) That it will permit access to all relevant books, records,
accounts and work sites by personnel of the contracting agency and
the Department for purposes of investigation to ascertain
compliance with the Illinois Human Rights Act and the Department's
Rules and Regulations.
(7) That it will include verbatim or by reference the provisions
of this clause in every subcontract it awards under which any
portion of the contract obligations are undertaken or assumed, so
that such provisions will be binding upon such subcontractor. In
931201 Page 15 of 16 pages OGL
(1) There is any misrepresentation of a material nature in the
Grantee's Application, or amendment thereof, or in respect to this
Agreement or any document or date furnished pursuant hereto, or any
other submission of the Grantee required by the Department in connection
with the Grant;
(2) There is pending litigation which, in the opinion of the Secretary,
may jeopardize the Grants or this Agreement;
(3) There has been, in connection with the Grants, any violation of the
State or Federal regulations, ordinances or statutes applicable to the
Grantee, its officers or employees which, in the opinion of the
Secretary, affects this Agreement;
(4) Any contributions provided by the State pursuant to this Agreement
are used for an ineligible purpose;
(5) The Grantee is unable to substantiate the proper use of the Grant
funds provided pursuant to this Agreement; or
(6) The Grantee is in default under any of the provisions of this
Agreement.
ITEM 129 -- SEVERABILITY
The Parties agree that if any provision of this Agreement is held invalid for
any reason whatsoever, the remaining provisions shall not be affected thereby
if such remainder would then continue to conform to the purposes, terms, and
requirements of applicable law.
ITEM 130 -- PATENT RIGHTS
Any patentable result arising out of this Agreement, as well as all
information, design, specifications, know -how, data, and findings shall be
made available to the United States of America and to the State for public
use, unless the Parties shall determine, in a specific case where it is
legally permissible, that it is in the public interest that it not be so made
available.
M N VRMAROWACI
The Grantee agrees that this Agreement shall not be assigned, transferred,
conveyed, sublet or otherwise disposed of without the prior written consent of
the Department.
�� •y 1�I�y ��
The Parties agree that no change or modification to this Agreement, or any
Exhibits or Attachments hereto, shall be of any force or effect unless such
rirr.- Gb -177J 14 1 5 I DOT -DPT _ .
312 793 1251 P.02
Project No. CAP -95- 526 -OCL
Village of Buffalo Grove
Contract No. 2183
Certificate of Grantee's Attorney
I, William G. Ra sa , acting as Attorney for the
Vi l age of Bu falo Grove, "Grantee" , do hereby certify that I have
examined this Agreement and the proceedings taken by the Grantee
relating thereto, and that the execution of the Agreement by the
Grantee has been duly authorized by the Grantee's action
dated ft 15, 1995 (a copy of which is attached) and
that the execution of thr is Agreement is in all respects due and
proper and in accordance with applicable State and local law and
further that, in my opinion, said Agreement constitutes a legal and
binding obligation of the Grantee in accordance with the terms
thereof. I further certify that to the best of my knowledge there
is no legislation or litigation pending or threatened which might
affect the performance of the Project in accordance with the terms
of this Agreement.
Dated this L5 day of lvav
Signature
Ville Atto
Title
Village of Aiffalo Qm�
Grantee --
0526x
TOTAL P.02