1998-360 1.. 1 . , 0
RESOLUTION NO. 98- 36
A RESOLUTION APPROVING A GRANT AGREEMENT BETWEEN THE ILLINOIS
DEPARTMENT OF NATURAL RESOURCES AND THE VILLAGE OF BUFFALO GROVE
WHEREAS, the Village desires to implement the proposed Illinois Route 83 bikeway
overpass at Farrington Drive; and,
WHEREAS, the Village has received commitments for funding contributions for the
project from the Buffalo Grove Park District and the Buffalo Grove Rotary Club; and,
WHEREAS, acceptance of a grant which has been offered by the Illinois Department of
Natural Resources for the project is necessary in order to proceed with the implementation of the
project;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE PRESIDENT AND
BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE AND COOK
COUNTIES, ILLINOIS, as follows:
1. The agreement entitled "Grant Agreement Between the Department of Natural
Resources and the Village of Buffalo Grove" is hereby approved.
2. The Village President and Village Clerk are authorized and directed to execute the
agreement approved herein. A copy of said agreement is attached hereto and made a
part hereof.
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
NAYES:
0 - None
ABSENT: 0 — None
PASSED: October 19 , 1998
APPROVED: October 19 , 1998
A ro ed:
Village Presi ent
w
ff(rage Clerk /i
G: \PWDIRGRP \LHC \BIKEWAYS \IL83RES2. WPD
Contract No.99 -GA041
GRANT AGREEMENT
BETWEEN THE
DEPARTMENT OF NATURAL RESOURCES
AND THE
Village of Buffalo Grove
This Grant agreement, made and entered this day of , 1998 between the State of
Illinois. Department of Natural Resources (DNR). hereinafter referred to as the DNR, and the
Village of Buffalo Grove hereinafter referred to as the `'I'aJe. %k itnesseth:
Whereas, pursuant to the authority granted under 20 ILCS 805i6'b3.9 v hich authorizes the DNR
to make grants to other State agencies, universities, not - for - profit organizations and local
governments, pursuant to an appropriation in the exercise of its statutory powers and duties.
Whereas, Article 51, Section 150 of Public Act 90 -585 appropriated the sum of $450,000 from
the General Revenue Fund to the DNR for a grant to the Village for a community
pedestrian/bicycle overpass crossing Illinois Route 83.
Whereas, the appropriation made under Section 150 of Public Act 90 -585 is made to the DNR to
provide funding t0to the Village which the Grant Funds Recovery subject
to the terms
L
(30 ICS 705 /ldetionq) this agreement as
required pursuant
Whereas, funds provided under this agreement shall be used for the public purpose of constructing
a pedestrian/bicycle overpass which is acknowledged to be within the scope of the powers and
duties of DNR and the Village and that this public purpose is furthered by the execution of this
agreement.
Now therefore, for and in consideration of the mutual benefits to be derived from carrying out the
undertakings hereinafter contained, the sufficiency of which is hereby acknowledged; as well as
other good and valuable consideration. the parties hereto agree as follows:
1'vT -: in accordance with Public Act 90 -585, which was passed by the State of Illinois
General. Assembly and signed by Governor Edgar, the DNR awards this grant of $450,000
General Revenue Funds to be used for costs associated with the construction of a
pedestrian/bicycle overpass as per documents provided by the Village to the DNR and
attached to this Agreement. (Attachment A).
2. RMS: In accordance with the expenditure plan outlined in (Attachment A), the term
of this agreement shall be for the period August 19, 1998 to June 30, 1999. All payments
made from this grant are to be payments for work related to this project as per the
documents provided by the Village to the DNR and attached to this Agreement.
(Attachment A).
3. QR ANT AMOUNTS The amount of this grant is $450,000.
4.
• All funds being disbursothrough this grant will be on a
reimbursement basis. Disbursements shall follow the schedule provided by the Village
to the DNR and attached to this Agreement (Attachment A). In no case shall cumulative
reimbursements exceed the attached schedule of disbursements. Billings will be on a
monthly basis with no billing to be submitted for less than $50,000; the only exception
being the final billing. All disbursement requests will be accompanied by an executed
copy of the DNR's "Payment Request Certification ", (Attachment B), a copy of which is
attached to this Agreement.
RESPQNSIBILITIES OF THE VILLAGE: The Village is to provide the DNR with
copies of all vendor billings and invoices paid with these grant funds and copies of the
Village's canceled checks or lien waivers for said expenditures. Upon request, the Village
is to provide copies of or access to all contracts pertaining to this grant.
The Village is to file with the DNR a progress report by January 1, 1999 relating to the
progress of the _rant project. ( attachment C), a copy of which is attached to this
Agreement. It is to be mailed to Department of Natural Resources, Division of Grant
Administration, 524 South Second Street, Room 315, Springfield, Illinois 62701 -1787.
6. APPROPRIATION: Obligations of the DNR will cease immediately without penalty of
further payment being required if, in any fiscal year, the Illinois General Assembly fails
to appropriate or otherwise make available sufficient funds for this contract.
7. CERTIFICATIONS:
(Attachment D ).
g. TERMINATION- This contract may be terminated immediately for violation of terms
or at the will of either party upon 30 days written notice. In the event of termination, the
Village will be reimbursed for allowable project expenditures up to the date of termination.
9. LAWS OF ILLES IS: The Village shall be governed in all respects by the laws of the
State of Illinois and applicable Federal laws.
10. L- N-LANVFLZ D IOti:
A. The Village agrees not to commit unlawful discrimination in employment in Illinois
as that term is used in the Illinois Human Rights Act (775 ILCS, 5/ 1 -101 et. seq.).
B. The Village agrees to comply with "An Act" to prohibit discrimination and
intimidation on account of race, creed, color, sex, religion, disability, or national
origin in employment under contracts for public buildings or public work,
approved July 8, 1993, as amended. The provisions of this Act are made part of
this contract by reference as though set forth in full within.
11. CONFLICT OF INTEREST: The Village agrees to comply with the provisions of the
Illinois Purchasing Act prohibiting conflict of interest. (30 ILCS, 505 /11.1 through
505 /11.5).
12. Ai1DIT'S AND RECORD& The Village shall maintain, for a minimum of 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 supporting
documents related to the contract shall be available for review and audit by the Auditor
General; and the contractor 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
contract for which adequate books, records, and supporting documentation are not
available to support their purported disbursement.
All records are subject to inspection and audit by the DNR or its representatives. Any
audit findings pertaining to this grant that result in a documented misuse of these grant
funds by the local governmental unit are zrounds for the State to receive a reimbursement
of such funds, but only to the extent of the misuse; provided, however, if the Village
disagrees with the audit findings it may take appropriate steps to contest the
reimbursement. This provision applies to all audit findings regarding the grant funds,
whether the audit was conducted by the state, local government unit or outside auditors.
The DNR is to be notified of any such findings by the Village. Copies of any audits
performed on the Village during the period of the grant are to be supplied to the
DNR.
13. Z Eij CATION: The Village covenants and agrees that it shall indemnify, protect,
defend and hold harmless DNR from any and all liability, costs, damages, expenses, or
claims thereof arising under, through or by virtue of the construction, operation and
maintenance of the proposed facilities.
14. PERiVIITS LICENSES: In connection with and prior to the construction, and thereafter
the subsequent operation and maintenance of the grant assisted facilities, the Village
agrees that it shall be responsible for and obtain all necessary Permits, Licenses for Forms
of Consent, as the case may be, from, but not limited to the following agencies:
a. U.S. Department of the army. Corps of Engineers.
b. Illinois Department of Transportation (Division of Highways).
C. Illinois Environmental Protection Agency.
d. Illinois Historic Preservation Agency.
e. Illinois Department of Agriculture.
f. Illinois DNR (Endangered Species Consultation and Interagency Wetland Review
and Division of Water Resources).
g. Local Building or Zoning Agencies or Boards, where applicable.
15. The Village 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.
In witness whereof, the parties thereto have set their hands and seals the day and year first above
written.
APPROVED BY:
l�la;2 President
Village of Buffalo Grove
Address:
Village of Buffalo Grove
Fifty One Raupp Blvd.
Buffalo Grove, IL 60089
RECOMMENDED BY:
John Bandy
Chief Fiscal Officer
Bob Law ley
Chief Legal Officer
Ronald C. Hallberg
Manager
Division of Grant Administration
APPROVED BY:
Brent Manning, Director
Department of Natural Resources
DATE:
Attachments:
A. Scope of Construction Work/Eligible Reimbursable Expenditures
B. Payment Request Certification Form
C. Project Status Report
D. State of Illinois, Grant Contract Certifications
Approved by DNR Legal Counsel October 1997
ATTACHMENT A
GENERAL SCOPE
OF PROPOSED BUFFALO GROVE COMMUNITY PEDESTRIAN OVERPASS
(CROSSING ILLINOIS ROUTE 83)
The Village of Buffalo Grove is sere inR as the lead agency in cooperation �� ith the Buffalo
Grove Park District and the Buffalo Grove Rotary Club for the implementation of the Buffalo
Grove Community Overpass Project.
7 1 1 l ��•- , pedestrian '1rn :GS �5- �ls P" -tae
1 ;s prc_ect In%ol%es the design aI d ��.1._': 1CLt 1 t 3 ,�..:�u -- aCr� __ Ills � :_
8 in the general area where the unimpro ved Farrington Drive street right-of-way approaches
Illinois Route 83 from the .vest and a portion of the Buffalo Gro%e Park District Busch. Greve
Community Park is adjacent to the Illinois Route 83 right- of- ,,t.a%_ on the east.
The preliminary
cost estimate for this project is as follows:
1.
Overpass Structure
$220,000
2.
:accessible Ramping
$160.000
Lighting
$
30,000
4.
Miscellaneous Connection Pay ing
$
30.000
5.
Adjacent Grading
$
30,000
6.
Design and Approval Processing
$
3000
7.
Landscaping Enhancement and Restoration
$
30,000
8.
Informational and Directional Signage
S
5,000
9.
Miscellaneous Permit Fees
$
20.000
10.
Contingency
$
50,000
A location diagram for the proposed improvement is attached for reference.
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ATTACHMENT B
DEPARTMENT OF NATURAL RESOURCES
GRANT PROGRAM
Payment Request Certification
I certify that the goods or services specified on this request for payment were for the use of this
agency and that the expenditure for such goods or services was authorized and lawfully incurred,
that such goods or services meet all the required at that the amounts shown below on this requesteistcorrecot
which this request for payment relates, and t
and approved for payment.
Amount of Reimbursement Requested $
Date of Request:
Requested By:
Signature of Authorized Officer
Agency:
Contract#:
FEIti #:
Attach copies of vendor billings, proof of payment, and other necessary documentation.
IL Dept. of Natural Resources
Division of Grant Administration (DGA)
Project
Project Sponsor.
Project Title:
ATTACHMENT C
Grant Adm.
Development Proiect Status Report
(Reports due January 1 and July 1 to DGA)
[ ] Project currently in design stage. (Anticipated bid advertisement date: )
All necessary construction permits secured: [ ] Yes [ ]
No
(If no, describe on back of page what permits are still needed and their status)
[ ] Project currently out to bid or bids received completion date: )
(Anticipated construction start date:
[ , Project under construction (approx. percentage completed)
[ ] < 25% [ ] 259 [ ] 50% [ ] 75% [ ] 90%
(provide brief description of work completed and remaining to be done)
[ ] Project construction complete
Comm enU
(Anticipated Final Billing submittal date:
Date:
Prepared by:
ATTACHMENT D
CERTIFICATIONS
(Vendor as stated herein refers to the local - grantee or Project Sponsor)
I. The Vendor certifies that it is not barred from being awarded a contract or subcontract under
Section 10.1 or 10.3 of the Illinois Purchasing Act (30 ILCS 505 /10.1. 30 ILCS 505%10.3.
II. The Vendor certifies that it has not been barred from contracting with a unit of State or local
government as a result of a violation of Section 33 -E3 or 33 -E4 of the Criminal Code of 1961
(720 ILCS 5/33E -3. 720 ILCS 5/33E -4).
III. The Vendor certifies that it is not in default on an educational loan as provided in Public Act
85 -8-27 (5 ILCS 385/1) (a partnership shall be considered barred if any partner. is in default on
an educational loan).
IV. The Vendor is not prohibited from selling goods or services to the State of Illinois because it
pays dues or fees on behalf of its employees or agents or subsidizes or otherwise reimburses
them for payment of their dues or fees to any club which unlawfully discriminates (775 ILCS
25/1).
V. Under penalties of perjury, I certify the name, taxpayer identification number, and legal status
listed below are correct.
Name: Village of Buffalo Grove
Taxpayer Identification Number:
Social Security Number
or
Employer Identification Number:
(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 EIN and the EIN.)
Legal Status (Check one):
( ]Individual [) Governmental Entity
[ ]Owner of Sole Proprietorship [ ] Nonresident alien individual
[ ]Partnership [ J Estate or legal trust
[ ) Tax- exempt hospital or extended [ ) Foreign corporation, partnership,
care facility estate, or trust
( ] Corporation providing or billing
medical and or health care services [ ] Other
[ ] Corporation NOT providing or billing
medical and,'or health care service
VI. This certi ,cation is required b% the Drug Free Wer :place Act (30 ILCS 580/1) for contracts
and Grants effective January 1. 1992. The Drug Free. Workplace Act requires that no grantee
or contractor shall receive a grant or be considered for the purposes of being awarded a
contract from the State for the procurement of any property or services unless that the grantee
or contractor will provide a drug free workplace and that individuals must not engage in the
unlawful manufacture, distribution, dispensation, possession or use of a controlled substance in
the performance of the contract or grant 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.
CONTRACTOR/GRANTEE:
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 arant 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, dispensation,
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 violations of such
prohibition.
VII. In compliance with the State and Federal Constitutions, the Illinois Human Rights Act, the
U.S. Civil Rights Act and Section 504 of the Federal Rehabilitation Act, the Department of
Central Management Services does not unlawfully discriminate in employment, contracts, or
any other activity.
Vendor, its employees and subcontractors, agree not to commit unlawful discrimination and
agree to comply with applicable provisions of the Illinois Human Rights Act, the Public Works
Employment Discrimination Act, the U.S. Civil Rights Act and Section 504 of the Federal
Rehabilitation Act. and rules applicable to each. The equal employment opportunity clause of
the Department of Human Rights' rules is specifically incorporated herein.
The Americans with Disabilities Act (42 U.S.C. 12101 et seq.) and the regulations thereunder
(28 CFR 35.130) (ADA) prohibit discrimination against persons with disabilities by the State,
whether directly or through contractual arrangen tints, in the rrovision of any aid. benefit or
service. As a condition of receiving this contract the undersigned vendor certifies that
services, programs and activities provided under this contract are and will continue to be in
compliance with the ADA.
VIII. Vendor certifies he /she has informed the director of the agency in writing if he /she was
formerly employed by that agency and has received an early retirement incentive under Section
40 ILCS 5/14 -108.3 or 40 ILCS 5/16 -133.3 of the Illinois Pension Code. Vendor
acknowledges and agrees that if such early retirement incentive was received, this contract is
not valid unless the official executing the contract has made the appropriate filing with the
Auditor General prior to execution.
IX. SEXUAL HARASSMENT.
Pursuant to 775 ILCS 5/2- 105(A)(4), vendor shall have written sexual harassment policies that
shall include, at a minimum, the following information: (1) the illegality of sexual harassment;
(ii) the definition of sexual harassment under State law; (iii) a description of sexual harassment,
utilizing examples; (iv) the vendor's internal complaint process including penalties; (v) the
legal recourse, investigative and complaint process available through the Department of Human
Rights and the Human Rights Commission; (vi) directions on how to contact the Department
and Commission; and (vii) protection against retaliation as provided by Section 6 -101 of the
Illinois Human Rights Act. A copy of the policies shall be provided. to the Department upon
request.
X. For contracts exceeding $10,000, the vendor 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.
The undersigned acknowledges and agrees that each of the certifications or amendments shall be
incorporated into and made a part of the invitation for bid these certifications prop arel , agred eement, contract
amendment, renewal or other similar document to
VENDOR:
II
TITLE:
(Revised 9/96)
Approved by D\R Legal Counsel August 1996